Monday, August 4, 2025

Texas Overreaching

With enough Democratic members of the Texas House of Representatives staying in Illinois and New York as of August 3, 2025 that the legislative chamber could not reach a quorum and thus be able to hold a vote on a Congressional redistricting plan that could gain the Republic Party five more seats in the U.S. House of Representatives, Greg Abbott, who at the time was Texas’ head of state and head of the executive branch, was considering various options to bring the lawmakers back. That only one of those options was legal points to the importance of the rule of law being applied to government officials.

The most egregious option, legally speaking, had been proposed by the Attorney General, Ken Paxton, who wrote, the “cowards should be found, arrested, and brought back to the Capitol immediately.”[1] In other words, police whose jurisdiction is limited to Texas would be able to have the jurisdiction expanded by Abbot. “He has no legal mechanism,” Rep. Jolando Jones, one of the departed Texas lawmakers said; “Subpoenas from Texas don’t work in New York, so he can’t come and get us. Subpoenas in Texas don’t work in [Illinois].”[2] The Texas Supreme Court had ruled in 2021 that leaders of the House of Representatives had the authority to “physically compel the attendance” of missing representatives, but not even a decision by Texas’s Supreme Court can reach into Illinois or New York; only the U.S. Supreme Court has jurisdiction throughout the bloc.[3] Hyperextending police-power in Texas beyond even the jurisdiction of the Texas Supreme Court would set a bad precedent that could be used even to cover police brutality. That the Attorney General of Texas suggested the blatantly illegal usurping of Illinois’s retained sovereignty by extending that of Texas is itself troubling. In a federal system, it is necessary that everyone colors within the lines.

Abbott was also considering what was only “a nonbinding legal opinion issued by Republican Attorney General Ken Paxton that suggested a court could determine that a legislator had forfeited {one’s] office.”[4] Based only on Paxton’s legal opinion, Abbott said he would “begin trying to remove Democratic lawmakers from office.”[5] Presumably he would make the request to a judge rather than remove the lawmakers by his own authority, which again would be illegal even by Paxton’s reasoning.

The only option backed up by extant law that Abbott was considering is fining the absent lawmakers $500 a day, though even that option was being twisted by Ken Paxton, who was running for the U.S. Senate at the time. He “suggested that lawmakers may have committed felonies by raising money to help pay for fines they could face.”[6] So it was apparently illegal to have someone one pay one’s fine. Be careful in Texas if a friend or relative, or even a charity organization, is willing to pay your traffic ticket; you may be committing a felony, which, by the way, is a type of federal law. Perhaps Paxton was actually positioning himself for, or worse, already saw himself, as the U.S. Attorney General rather than a U.S. senator.

That the options that Greg Abbott, the figure-head and chief executive of the Texas government, was considering tended to push beyond what was legal at the time is itself worthy of noticing, for such power-aggrandizement by a member-state in a federal system can, if it were to spread, doom that system as state governments turn on each other and the U.S. president takes sides, thus undercutting that presiding role.



1. Joey Cappelletti and Andrew DeMillo, “Texas Governor Threatens to Remove Democrats Who Left State over Trump-backed Redistricting,” The Associated Press, August 4, 2025.
2. Ibid.
3. I am using a word that is popular in the E.U. for a federal system in which governmental sovereignty is split between a union and states. In truth rather than ideology, “bloc” applies neither to the E.U. or U.S.
4. Joey Cappelletti and Andrew DeMillo, “Texas Governor Threatens to Remove Democrats Who Left State over Trump-backed Redistricting,” italics added for emphasis.
5. Ibid.
6. Ibid.