In re Abbott
Texas Supreme Court
628 S.W.3d 288 (2021)
- Written by Sean Carroll, JD
Facts
The Texas Constitution provided that when a quorum was not present in either chamber of the state legislature, members of the chamber could compel the attendance of absent members “in such manner and under such penalties as each House may provide.” Pursuant to this provision, the Texas House of Representatives adopted a rule providing that absent members could be arrested and physically compelled to attend a session. Members of the Texas House of Representatives (members) (plaintiffs) fled the state to avoid the jurisdiction of the house to arrest them and, as a result, to prevent a quorum. The members then sued Governor Greg Abbott and the speaker of the house (defendants), arguing that the provision in the constitution did not permit the legislature to physically arrest them but rather envisioned persuasion and dialogue as the intended means to compel attendance. The members sought a court order prohibiting their arrest. The district court granted the members a temporary restraining order. The governor and speaker of the house filed an emergency appeal.
Rule of Law
Issue
Holding and Reasoning (Blacklock, J.)
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