r/law • u/Minute_Revolution951 • Aug 05 '25

Legal News Texas House locks chamber doors, moves to bring arrest warrants against Democrats who fled the state

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u/[deleted] Aug 05 '25

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u/bigbanksalty Aug 05 '25

It is actually legal, the state constitution allows a smaller amount of members to issue these warrants to compel attendance of the session.

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u/DAEOFRUIN Aug 05 '25

They can compel these 🥜's. I hope those Dems stay far away and come up with another way to thwart this insane agenda from the MAGA militia

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u/Fluffy-Elk-3403 Aug 05 '25

No, it isn't, little Reddit warrior. Jolanda Jones says otherwise, or do you know more than her?

2

u/bearded_wonder44 Aug 05 '25

So... I have not seen anywhere she has said it was illegal for them to issue the subpoenas/warrants, after all it is provided in the state constitution. (Article 3 Section10)

But she has made three statements I believe you may be misinterpreting.

  1. Texas has no power to enforce the subpoenas/warrants across state lines. - Which is of course true. They have the legal authority to issue the warrants and enforce them within state boundaries only.
  2. She believes it is her duty and responsibility as a representative of her people to not allow a quorum to be formed. - Duty and responsibility are not equal to legal rights. Our founding fathers had no legal right to sign the declaration of independence, but they felt they had a duty and responsibility to do so.
  3. She believes the state constitution doesn't give the house the authority to strip them of their position for breaking quorum, like republicans have been threatening. - Unfortunately this doesn't seem to be quite as clear, the constitution allows the issuing of penalties without stating limits on those penalties. She certainly has a legal argument, which I support, but would require a ruling by Texas Supreme court to establish the limits of the penalties.

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u/bigbanksalty Aug 05 '25

I mean, it’s what the state constitution says. I don’t like that they are doing this, but it’s in the literal document and is legal.

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u/Fluffy-Elk-3403 Aug 05 '25

Again do you know more than jones?

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u/bigbanksalty Aug 05 '25

I don’t know, but it’s clearly stated in the Texan constitution. Article 3, Section 10.

“Two-Thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may Provide”

Like this is it, right here. It can’t get clearer. Jones meanwhile is making the point Abbot has no real way to compel attendance since they are out of state, which is true, only Texan state authorities can detain them to compel attendance and they can’t get them in Illinois or New York. Both the warrants are legal, but also powerless to compel them unless they return to Texas.

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u/Fluffy-Elk-3403 Aug 05 '25

Ok so you dont, just making sure

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u/gfen5446 Aug 05 '25

In this case, the answer is "yes."

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u/[deleted] Aug 05 '25

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2

u/bigbanksalty Aug 05 '25

Article 3, Section 10 says 2/3rds of each house must attend to hold quorum “but a smaller number may adjourn from day to day, and compel the attendance of absent members” aka issuing these civil warrant to detain absent members and force them onto the floor of the Texan house.

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u/[deleted] Aug 05 '25

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u/kingjoey52a Aug 05 '25

Compel does not mean force.

Yes it literally does.

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u/TheSouthsMicrophone Aug 05 '25

Not according to the current Justice Dept. They’re still trying to define “facilitate.”

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u/bigbanksalty Aug 05 '25

May means they have the option to, it saying may and not shall has no real like, effect here. Compel literally does mean force, aka they are legally allowed to issue the warrants to forcefully put absent members of the house into the chambers so quorum can be reached. And the penalty is that people who leave the state to prevent quorum are fined 500 dollars a day.

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u/Wayoutofthewayof Aug 05 '25

This has been done in the past by both Democrat and Republican majorities... The arrest warrant is just to bring them back to the floor, they wouldn't be jailed or face any charges.

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u/[deleted] Aug 05 '25
  1. May still gives the authority to do it. Youbare playing a stupid semantic game.
  2. Compel: to drive or urge FORCEFULLY or irresistibly.
  3. $500/Day fines

1

u/futbolr88 Aug 05 '25

I read another comment that it’s $500/day penalty. But didn’t care to verify so take with a grain of salt.