Multiple briefs filed with Texas Supreme Court in Abbott lawsuit against Wu

By Bethany Blankley
The Center Square

Multiple individuals have filed amicus briefs with the Texas Supreme Court in response to an emergency writ of quo warranto petition filed by Texas Gov. Greg Abbott to have state Rep. Gene Wu, D-Houston, removed from office.

Abbott filed the petition on Wednesday after more than 50 House Democrats fled the state to prevent a vote on Congressional redistricting. The court established its first deadline for Friday, when individuals filed briefs with the court in support of Abbott or Wu.

U.S. Sen. John Cornyn, R-Texas, filed a brief in support of Abbott saying, “Under this Court’s precedent, an original writ of quo warranto to the Texas Supreme Court is an appropriate remedy, and Governor Abbott is a proper petitioner.”

Abbott and Cornyn are both former Texas Supreme Court justices. Contrary to a brief filed by the Texas Solicitor General, Cornyn argues, “There is no conflict with Chapter 66 of the Texas Civil Practice as Governor Abbott is seeking relief under separate constitutional authority” and “Governor Abbott is a proper petitioner.”

“These types of proceedings may be initiated by persons other than the Texas Attorney General. If even a private person can bring a writ of quo warranto, then Governor Abbott acting in his official capacity is surely a proper petitioner,” Cornyn said.

Cornyn also highlights issues with filings by Attorney General Ken Paxton, arguing his petition to remove 13 Democrats “duplicated the Governor’s petition in this Court – in some instances word for word – but then sought an individualized writ on behalf of a purported class of respondents. Surprisingly, the Attorney General again invites delay by suggesting this Court should give absconded Democrats more time – ’48 hours’ after issuance of any decision – to consider their options. The Texas legislators who have absconded to other states must be held accountable and a quorum restored so that official government business can proceed.”

He asks the court to support Abbott’s request.

State Democratic representatives from El Paso, Joe Moody and Mary Gonzalez, filed an amicus brief in support of Wu. Moody serves as the House Speaker Pro Tempore, a position he’s held under three speakers. “Texas legislators have many duties besides voting on bills. Their oath states that they must ‘preserve, protect, and defend the Constitution and laws of the United States and of this State,’” they argue.

They also argue Wu is “at work right now. His constituents have asked him to fulfill his oath to protect their rights by breaking quorum, and he has followed in the footsteps of many past legislators from both parties in doing so. It’s little different than walking up to the back microphone on the House floor and raising a point of order in hopes of defeating a bill without a vote. Simply put, Wu is still doing his job.”

Accepting donations to cover travel expenses isn’t bribery, they argue, and “There’s no evidence of any quid pro quo because the decision to break quorum preceded any solicitation of funds.”

“So much in our politics seems to be about power for its own sake, whatever the cost. That cost may finally be too high today. This Court should refuse to pay it,” they argue.

Harris County Attorney Christian Menefee also filed a brief in support of Wu. In it, he argues Abbott “has usurped the authority of other elected officials to bring quo warranto proceedings, and that his reliance on common law authority to do so is belied by case law and statute.” The brief also explains that even if abandonment of office were grounds for quo warranto removal, Abbott’s petition does not clarify how Wu “abandoned his office in any legally relevant way.”

Menefee also argues, ‘if a brief absence with a clear end date causes a legislator to abandon their office under the Texas Constitution, legislators could never leave their districts for any reason, including traveling to Austin for any special or regular session.”

Wu, among 33 Democrats sued by the Texas House, remains in Illinois. He said on Friday, “This fight is so much bigger than me, our district, or even Texas. It’s about protecting our democracy.”

House Speaker Dustin Burrows on Friday said, “all hands were on deck” to arrest and return missing Democrats. The House is five members short of meeting quorum to conduct official business. Legislation, and relief funds to help Hill Country victims, have stalled because of Democrats halting House proceedings.