Texas Supreme Court sides with GOP, says law allows arrest of absent Dems

The court’s decision is a win for House Republicans. It lifts a temporary restraining order a county judge issued last week blocking arrest warrants — signed by Republican House Speaker Dade Phelan — targeting dozens of House Democrats who fled the state to block Republicans from passing a restrictive voting bill.

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“The question now before this Court is not whether it is a good idea for the Texas House of Representatives to arrest absent members to compel a quorum. Nor is the question whether the proposed voting legislation giving rise to this dispute is desirable. Those are political questions far outside the scope of the judicial function,” the court said in an opinion.

“The legal question before this Court concerns only whether the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members. We conclude that it does, and we therefore direct the district court to withdraw” the temporary restraining order.

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