CAN TEXAS GOVERNOR ABBOTT REMOVE HOUSE DEMOCRATS WHO FLED THE STATE?

It’s hard to believe this is happening.  But the childish for-show exodus of most Democrat members of Texas’ House of Representatives has generated what, it seems to me, is a commensurately childish response by Governor Greg Abbott.

From M. Dowling’s article at the Independent Sentinel:

Texas Attorney General Ken Paxton set a Friday deadline for Democratic state lawmakers to return to work in the Legislature or else face removal from office.

Mr. Paxton said he’ll ask a court to declare vacant the seats of every House Democrat who fled the state earlier this week in a bid to block a GOP plan to redraw congressional district lines.

The GOP-led Texas House voted Monday to issue civil arrest warrants for the missing Democrats. Sen. John Cornyn asked the FBI to help track down the lawmakers and carry out the arrests. He wants the FBI to investigate potential bribery.

Fifty one Democrats have fled to Illinois, Massachusetts and New York.

The article goes on to say that the House members intend to stay out of state until the legislative session ends in two weeks.

So why are they doing this?  Because Texas’ Republican majority is about to redistrict (gerrymander) the state in a way that will probably give Republicans five more seats in the United States House Of Representatives.

It is fair that they do this?  That’s up to you.  But it appears to be legal.

The greatest irony here is that most Texas House members have fled to the state of Illinois.  And Illinois is among the most gerrymandered states in the country, with the benefit going to Democrats.

How out of whack is Illinois?  Well, in last year’s presidential election, Republicans got 43% of the vote.  But the Democrat majority has districted the state so that, of its 17 House members, 82% (14) are Democrats and only 18% (3) are Republican.

This is where they flee to protest gerrymandering?????   You have to laugh.

And if you think the other states they’ve run to are any better, consider the fact that one of them is Massachusetts, in which 36% voted Republican but the state’s House representation is 9 Democrats and no Republicans at all.  That’s right:  100% to 0%.

In any event, there are just a couple more days before we see what transpires.  Will the Texas Democrats grow up, show up, and end this issue?  Or will they stay away and force Governor Abbott to make good on his threats – threats which are entirely the result of their actions?

I am no constitutional lawyer, but I find it hard to believe that Governor Abbott can summarily remove these elected representatives from office.  But a) I don’t know that he can’t, and b) the only reason he has threatened to do so is as a response to the childish behavior of Democrats, so I suppose there is an element of FAFO at play here.

More on this as it develops.

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