Texas Democrats Beat Abbott, Paxton in Quorum Break Legal Fight

Texas Democratic legislators who fled the state to avoid a vote on a Congressional redistricting map get to stay in office, the state supreme court ruled Friday, shooting down bids from Gov. Greg Abbott (R) and Attorney General Ken Paxton (R) to expel them.

The decision from the all-Republican court expressed concerns with the Republican leaders asking the judicial branch to interfere with operations of the legislature.

“Whatever wrong may have been committed by the absent House members, the Texas Constitution’s internal political remedies, none of which involve the judicial branch, were sufficient to the task of restoring the House’s ability to do business,” Chief Justice Jimmy Blacklock wrote for the unanimous court.

Abbott and Paxton turned to the justices after more than 50 House Democrats fled to Illinois, California, and Massachusetts last year, denying for two weeks the lower chamber enough members to consider a special session agenda that included new Congressional districts. Whereas Paxton sought to expel all House quorum busters, Abbott focused only on Rep. Gene Wu (D), the party’s leader in the House.

Abbott and Paxton said that by refusing to show up to work the lawmakers had vacated their elected offices and urged the high court to exercise its authority to expel them.

Seven of the nine Texas Supreme Court justices came to the court via an Abbott appointment. One of them, Justice Kyle Hawkins, joined the court while the cases were pending and didn’t participate in the decision.

Before last year, Texas House Democrats last busted a quorum in 2021 to delay voting on a GOP-priority elections bill. They eventually returned, and the legislation passed.

The justices did leave open the possibility of intervening in future quorum breaks if the House’s remedies—including withholding pay for absent members—aren’t sufficient to compel members back to Texas.

“Should those remedies unexpectedly prove inadequate in a future case, we might have occasion to consider whether any judicial remedy could ever be available in circumstances such as these,” Blacklock wrote.

Democrats defended the quorum break as a lawful way to protest the rare mid-decade redraw that they said was done at President Donald Trump’s urging to give Republicans five additional seats in the US House.

Legislators eventually approved the redistricting upon the return of the House Democrats, and the US Supreme Court in December ruled the maps will be used in the 2026 elections—rejecting for now a challenge from voter rights groups who said the new districts racially discriminate against minority voters.

Abbott is represented by his office’s general counsel. The state is represented by the attorney general’s office.

The case is In Re Abbott, Tex., No. 25-0674, 5/15/26 , and In Re State of Texas, Tex., No. 25-0687, 5/15/26.