It’s been nearly one week since a group of Democrats left Texas to stop Republicans from passing a high-stakes redistricting map that could hand the GOP five more seats in Congress.
In that time, Republicans have issued civil arrest warrants, asked the Texas Supreme Court to remove Democrats from office and requested the state of Illinois help Texas enforce arrest warrants against the lawmakers who are staying in Chicago. Now, Texas Attorney General Ken Paxton is asking California to do the same with a delegation of quorum-breaking lawmakers.
Paxton’s Illinois petition and California complaint both rely on the U.S. Constitution’s Full Faith and Credit Clause to argue the states must help return Democrats to Texas. Under the clause, states can refuse enforcement if it violates their own laws or public policy.
Texas Democrats left the state last week, breaking quorum to prevent Republicans from having enough members present to hold a vote on their new, hastily-drawn congressional map. Traditionally, the minority party has fled to another state because Texas officials cannot enforce civil arrest warrants beyond state lines. Paxton, however, is attempting to rewrite that precedent.
“The United States Constitution, federal statute, and the doctrine of comity between states demand otherwise,” Paxton’s filing said. “This Court must give full faith and credit to warrants duly issued by the Texas House of Representatives that compel these civil servants to return to Texas and to their civic responsibilities.”
The filing also argued Texas Democrats are not allowed to break quorum: “They do not have a right to bring the machinery of democratic legislative [government] to a screeching halt over results with which they do not agree.”
But state Rep. Gene Wu, the chair of the Texas House Democratic Caucus, disputed that claim Friday in a response to a lawsuit aimed at removing him from office. Wu’s filing cited a 2021 Texas Supreme Court ruling that affirmed the Texas House’s right to arrest members to compel their attendance – but also admitted the Texas Constitution “does enable quorum breaking by a minority faction.”
Paxton’s legal actions in Illinois and California both were filed strategically in small counties that voted for President Donald Trump in 2024, where courts could be more conservative than other areas in the two blue states.
Paxton is running a primary challenge against Sen. John Cornyn (R-TX), hoping to win his Senate seat in 2026. He took some heat from Cornyn this week, who criticized Paxton for seeking to punish Democrats for leaving the state while he himself was on vacation in Europe.
Democrats, meanwhile, tried to keep up morale over the weekend so lawmakers won’t cave to pressure and return to the House floor next week.
A Texas judge handed Paxton a win Friday, temporarily blocking former Rep. Beto O’Rourke’s nonprofit Powered by People from using donations to support quorum-breaking Democrats.
Undeterred, O’Rourke said Friday his nonprofit filed suit against Paxton. O’Rourke and other Democrats are set to hold a rally Saturday in Fort Worth. Two quorum-breaking Dems – Wu and state Rep. Nicole Collier – are reportedly scheduled to participate remotely.
