Texas Democrats who fled state can return without fear of arrest

Texas state representatives at a press conference on voting rights in Washington, D.C. last month.
Texas state representatives at a press conference on voting rights in Washington, D.C. last month. Photo credit Kevin Dietsch/Getty Images

Texas Democrats who left the state last month in protest of a proposed restrictive voting law can return home without fear of being arrested, a judge said Monday.

The judge’s order prevents the governor and Texas House Speaker from issuing a warrant, “detaining, confining, or otherwise restricting a Texas House Democrat’s movement without his or her consent.” It also forbids other state law enforcement agencies from doing the same.

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Last month, the legislative absences of more than 50 House Democrats prevented the restrictive new voting law -- which Democrats say disenfranchises Black and Latino voters -- from passing. However, the governor has summoned lawmakers into a special session that began over the weekend.

Gov. Abbott had demanded the Democratic lawmakers return to the state, calling for law enforcement to arrest and bring them back “under warrant” if necessary.

The judge’s order comes as House Democrats have filed two lawsuits -- one state and one federal -- against state Republicans, including Gov. Gregg Abbott. Plaintiffs say they violated their civil rights, targeting some lawmakers because of their race.

Citing the judge’s order as a win, state Rep. James Talarico tweeted, “I’m home!”

“Our quorum break shined a national spotlight on the TX voter suppression bill and pushed Congress closer to passing a federal voting rights act to override it. I’m confident they will,” he wrote. “Now I’m back to clean up Greg Abbott’s latest messes from COVID to ERCOT.”

The temporary restraining order expires at the end of two weeks but could be extended.

The House gaveled in for session Monday but fell short of the required 100-member threshold to reach a quorum.

The Texas Supreme Court denied Democratic House members request to overturn Gov. Abbott’s veto of legislative funding after their June walkout. Democrats argued Abbott’s veto stripped the legislature’s power as a “co-equal branch of government.” The court sided with Abbott Monday, so legislators and staffers are only guaranteed to be paid through the end of September.

Featured Image Photo Credit: Kevin Dietsch/Getty Images