In a dramatic escalation of the ongoing legislative standoff, Attorney General Ken Paxton and House Speaker Dustin Burrows have initiated legal actions in an attempt to enforce arrest warrants for Democrat House members who fled the state.
The Democrats’ departure was designed to break quorum, paralyzing the Texas House’s ability to conduct business during a special session called by Gov. Greg Abbott which was primarily focused on disaster relief and congressional redistricting.
On Monday, enough House Democrats left Texas to break the required 100-member quorum. Burrows responded by exercising his authority under the Texas Constitution and House Rules to compel the attendance of absent members, including authorizing their civil arrests, to secure a quorum.
The following day, the Texas House formally requested the Office of the Attorney General’s intervention to enforce these warrants.
Working with House leadership, Paxton took legal steps to “domesticate” the Texas-issued civil arrest warrants in Illinois, where a number of the Democrat lawmakers are reportedly residing to avoid arrest in Texas.
The petition lists dozens of Democrat representatives as respondents and requests that the Illinois court recognize the Texas House warrants and authorize their enforcement under the “full faith and credit” clause of the U.S. Constitution.
The goal is to compel Illinois authorities to cooperate with Texas in arresting the lawmakers and returning them to Austin.
Paxton’s petition contends that:
- The U.S. Constitution and federal statutes require Illinois (and all states) to honor Texas’ legislative acts, including arrest warrants for absentee lawmakers, under the “full faith and credit” doctrine.
- Texas House rules, backed by Texas Supreme Court precedent, allow for the physical arrest of members who intentionally break quorum without a valid excuse.
- The Texas House and its speaker have attempted, without success, to secure the Democrats’ voluntary return. With the special session scheduled to end by August 20, 2025, immediate legal intervention is sought to avoid irreparable harm to state governance.
“We are pursuing every legal remedy at our disposal to hold these rogue legislators accountable,” Paxton stated. “Texas deserves representatives who do their jobs instead of running away at the behest of their billionaire handlers. If there’s one thing Texans can’t stand more than losers, it’s cowards.”
Burrows emphasized that the House has been patient but must now pursue all available options:
The members who fled have been given ample time and opportunity to return on their own accord, and because they have continued to refuse their responsibilities to their constituents and return to Texas, the State has no choice but to pursue additional legal remedies to compel their return from other states.
The Texas petition asks the Illinois court to give “full faith and credit” to the Texas House’s warrants and to issue civil warrants in Illinois, enabling local law enforcement to take the absentee lawmakers into custody and coordinate their return to Texas. The case, as presented, argues that such cooperation is not just a matter of interstate comity but a constitutional requirement.
If granted, Illinois authorities could be legally compelled to arrest the Texas lawmakers. If denied, Texas may appeal, and the issue could test the constitutional boundaries of state legislative and judicial authority, potentially setting a national precedent for inter-state legislative disputes.
Paxton has already launched investigations into organizations alleged to be funding the Democrat quorum break and has threatened legal action to vacate the seats of members who do not return by Friday, the deadline set by Burrows. Meanwhile, Abbott has filed a lawsuit to remove State Rep. Gene Wu, chair of the House Democrat Caucus, from office.
