The Texas governor’s threat to oust state Democrats faces legal hurdles.
Texas Governor Greg Abbott warned on Sunday that Democratic lawmakers who fled the state to break quorum during a special legislative session could be removed from office for abandoning their duties. Abbott cited a 2021 opinion by Attorney General Ken Paxton as justification, asserting that it allows him to declare vacancies and replace absent members.
However, a detailed review of Texas law and the attorney general’s opinion indicates the governor lacks unilateral authority to take such action.Why It Matters
Abbott’s threat highlights a broader clash over executive power, legislative independence and due process in Texas politics. While Abbott cites Paxton’s 2021 opinion to justify potential removals, the opinion indicates that only courts—not the governor—can determine whether a legislator has abandoned office. If a governor could unilaterally remove legislators for breaking quorum, it would drastically expand executive power and potentially override voters’ choices.What To Know Who Is Greg Abbott?
Abbott has served as Texas’ governor since January 20, 2015. A former lawyer and Texas Supreme Court Justice (1996-2001), he served as attorney general from 2002 to 2015. A Republican since his state Supreme Court appointment by Governor George W. Bush, Abbott is known for his conservative positions on immigration, gun rights and limiting federal oversight.Who Is Ken Paxton?
Ken Paxton, a former state legislator, has been Texas’ attorney general since 2015. As the state’s top legal officer, he issues advisory opinions like his 2021 KP-0382 and represents Texas in court. In 2023, Paxton faced an impeachment attempt in the Texas House over allegations of corruption, abuse of office and bribery tied to his relationship with a political donor. The Texas Senate held a trial in September 2023 and acquitted him on all counts, allowing him to remain in office.Quorum Breaks Explained
A quorum break occurs when enough lawmakers leave a legislative session to prevent official business.
