Gov. Greg Abbott asks Texas Supreme Court to remove Rep. Gene Wu from office amid legislative walkout over redistricting

08/07/2025 / By Laura Harris

Gov. Greg Abbott filed an emergency petition with the Texas Supreme Court on Aug. 6 to remove Rep. Gene Wu, chair of the House Democratic Caucus, for abandoning his duties by fleeing the state during a special legislative session.
At least 50 Texas House Democrats, including Wu, left the state on Aug. 3 to block a quorum and prevent the passage of a Republican-backed redistricting bill that could flip up to five congressional seats.
Abbott’s filing argues that intentionally denying the House a quorum is equivalent to relinquishing office responsibilities, justifying Wu’s removal under the legal doctrine of quo warranto.
The lawsuit cites Texas constitutional provisions, state code and centuries of common law, claiming the governor has standing to challenge Wu’s right to remain in office for not fulfilling core legislative duties.
Abbott had previously warned Democratic lawmakers to return by 3:00 p.m. on Aug. 4 or face removal proceedings. After they failed to comply, he initiated the legal action, marking a dramatic escalation in the partisan standoff.

Gov. Greg Abbott has asked the Texas Supreme Court to remove Rep. Gene Wu, chair of the House Democratic Caucus, from office, citing “abandonment” of duties amid an ongoing walkout over redistricting.

The filing, submitted directly to the state’s all-Republican high court on Aug. 5, accuses Wu of vacating his responsibilities by fleeing the state with dozens of fellow Democrats to deny the House a quorum – the minimum number of lawmakers required to conduct legislative business. At least 50 House Democrats left Texas on Aug. 3, effectively halting a special legislative session to redraw congressional maps that could net Republicans up to five additional seats.

Abbott argued in his court filing that Wu’s absence constituted a dereliction of duty.

“What is at stake here? Nothing less than the future of Texas,” Abbott wrote. “If a small fraction of recalcitrant lawmakers choose to run out the clock today, they can do so for any, and every, Regular or Special Session, potentially bankrupting the State in an attempt to get their way.”

The lawsuit cited centuries-old common law as well as provisions in the Texas Constitution and state government code to argue that the governor has standing to seek Wu’s removal through a process known as quo warranto – a legal mechanism traditionally used to challenge whether a public official has a right to hold office.

Abbott clarified on social media that his office is not asking the court to punish dissent, but rather to uphold legislative integrity. In his filing, he argued that deliberately denying the House a quorum is effectively the same as giving up the responsibilities of the office.

“It is no answer for Wu to say that he plans to continue serving as a representative,” Abbott wrote. “His own statements and actions show a refusal to actually serve as a representative in fact. That’s because what representatives do is represent their constituents in the legislative chamber. They appear for a quorum. They meet with other legislators in hearings. They speak with their constituents. They debate bills. And, in the end, they vote their district.”

Abbott follows through on threats

The lawsuit has proven that Abbott was not issuing empty threats when he called for the removal of the dozens of Democrats who fled the state to break quorum and suggested they could face felony charges.

On Aug. 3, Abbott issued a stark ultimatum to Democratic lawmakers who fled the state, threatening to remove them from office and labeling their actions as potentially criminal. Democratic members of the Texas House left for Illinois over the weekend, with some reportedly also in Boston and Albany, New York.

Their exodus came ahead of the Aug. 4 session of the GOP-controlled House, and was intended to deny Republicans the quorum needed to advance legislation that would redraw congressional maps in a way that could flip as many as five seats from Democratic to Republican control.

Abbott, who called for the special legislative session earlier this month, gave the absent lawmakers a deadline to return to the Capitol in Austin.

“This truancy ends now. The derelict Democrat House members must return to Texas and be in attendance when the House reconvenes at 3:00 PM on Monday, August 4, 2025,” Abbott warned. “For any member who fails to do so, I will invoke Texas Attorney General Opinion No. KP-0382 to remove the missing Democrats from membership in the Texas House.”

The Democratic leaders did not comply, and Abbott followed through by filing an emergency petition to the Texas Supreme Court two days later.

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Watch this clip of a similar incident four years ago, wherein Sen. Bryan Hughes said a state law allowed the arrests of 51 Democrats who left Texas to block voting restrictions.

This video is from the NewsClips channel on Brighteon.com.