Texas Supreme Court sets expedited briefing schedule in Abbott-Wu case

Texas Supreme Court sets expedited briefing schedule in Abbott-Wu case

The Texas Supreme Court has set an expedited briefing schedule in a case filed by Gov. Greg Abbott to remove from office House Democratic Caucus Chair Rep. Gene Wu, D-Houston.

“Aligned parties are encouraged to consolidate their briefing to the extent practicable. The briefs should address all issues before the Court, including the import of the House of Representatives’ authority under TEX. CONST., art. III, §§ 8, 10, and 11. The petitions for writ of quo warranto remain under consideration by this Court,” the court’s instruction states.

The expedited briefing schedule allows the briefs to be filed up to midnight on the due date. The deadline for Abbott’s brief to be filed is Wednesday, August 20; Wu’s response is due Friday, August 29. Reply briefs are due Thursday, September 4.

On August 5, Abbott filed an emergency petition with the Texas Supreme Court to remove Wu from office. Wu led more than 50 House Democrats to abscond from their official duties in Austin, leave the state to deny the Texas House a quorum, and halt legislative business during a special session.

Abbott’s petition states that Wu’s “willful refusal to serve as a representative is abandonment of the office of representative.” He also argues the “principal duty of a legislator is to attend and participate in legislative sessions as required by Article III, Section 5 of the Texas Constitution. The quorum provisions further underscore that attendance is not optional; it is an affirmative constitutional obligation.”

“Representative Wu has openly renounced these constitutional mandates by fleeing the State of Texas to break quorum, obstruct legislative proceedings, and paralyze the Texas House of Representatives,” he argues, The Center Square reported.

Wu’s responded, arguing the Texas Supreme Court doesn’t have the authority to remove him from office. Only “two-thirds of the House of Representatives” has the authority to do that, he said, citing Article III, Section 11 of the Texas Constitution.

He also argues Abbott’s request is “unprecedented” and “Texas has a long history of quorumbreaking, which the Texas Constitution expressly contemplates and assigns to the legislative branch for enforcement. The petition, for the first time, asks the judiciary to remove an elected member of a co-equal branch.”

He also cites examples for why Abbott’s petition can be “denied on numerous grounds, both jurisdictional and procedural.”

Abbott also directed the Texas Rangers to investigate potential bribery charges of absconding House Democrats who have been fundraising to thwart official legislative business.

He also addresses the bribery charge in his petition requesting Wu be removed from office. It states, “Wu’s actions violate Article XVI, Section 41, which requires forfeiture of his office. … There is an especially good reason why bribery may form the basis for removal from office: Our Constitution seeks to root out bribery at practically every turn. The oath-of-office provisions, for example, obligate state officers to sign a statement swearing that they have not and will not exchange things of value ‘for the giving or withholding of a vote.’”

He asked the court to remove Wu from office to “ensure that public office remains a trust exercised in good faith, as opposed to a platform for private gain and governmental sabotage.”

In response, Wu argues Abbott’s petition makes “conclusory allegations and cites three news articles and two social media posts to support his bribery claim. … Even setting aside that these are allegations, not competent evidence, they fail to make out a case for bribery.”

“There are no facts to at all establish that Representative Wu engaged in a quid pro quo arrangement,” it continues. He also argues, “it is commonplace for elected officials to tie appeals for political contributions to specific policy actions they intend to or have taken.”

In Abbott’s response, he states, “Wu nowhere controverts the facts in the petition.”

“Wu insists he is carrying out his duties ‘as his judgment dictates.’ But with no regard for carrying out his duties in the way the Constitution requires. Our Constitution is structured to deliver a quorum, not to prevent one,” he continues.

“Wu’s determination that ‘special session is over’ grinds government to a halt, arrogating to himself the Governor’s prerogative to call a Special Session and the Speaker’s ability to gavel out, undermining the Legislature’s duty to meet and act on bills,” Abbott argues.

In response to Wu claiming the Texas Constitution enables quorum breaking, Abbott said it does so “in the same way that a highway ‘enables’ one to reach speeds of 120 mph in a 60 mph zone. Exercising the ‘freedom’ to speed may result in law enforcement issuing a speeding ticket, hauling the driver into court, and ultimately – if infractions persist – taking away the driver’s license.”

More than a dozen amicus briefs have been filed in support of Abbott’s or Wu’s positions.

As of Tuesday, House Democrats have yet to return to Austin. Five more are needed to make quorum. Abbott is expected to call a second special session on Friday if the House does not meet quorum again.

Leave a Comment





Latest News Stories

Casey Westfield School Board.1

Casey-Westfield Board Approves Major Technology Upgrades, Facility Improvements

The Casey-Westfield School Board approved significant technology and facility upgrades totaling more than $76,000 during Monday's meeting, while also addressing multiple personnel changes as the district prepares for summer construction...
Casey Westfield School Board.2

Casey-Westfield Students Excel in Academics and Community Service

Casey-Westfield students demonstrated exceptional achievement across multiple areas while participating in unique educational experiences and community service initiatives, according to administrator reports from Monday's board meeting. High school students received...
Casey Westfield School Board.3

SCHOOL BOARD MEETING BRIEFS

Summer Construction Planned: Major facility improvements begin after Memorial Day, with cafeterias closed June 2-17 for asbestos abatement and Agriculture/Industrial Arts Building without power for electrical upgrades. State Track Qualifiers:...
Casey Westfield School Board.2

Casey-Westfield School Board Reorganizes Leadership, Seats New Member

The Casey-Westfield School Board completed its post-election reorganization Monday evening, maintaining current leadership while welcoming new member Mike Fouty and establishing committee assignments for the coming term. The organizational meeting...
Casey Westfield School Board.3

SCHOOL BOARD BRIEFS

Election Results Certified: The April 1 school board election results were officially certified, with Mike Fouty joining as the new member after receiving 282 votes for a four-year term. Leadership...
Casey Council Meeting.1

Casey Completes $498,279 Housing Rehabilitation Grant Project

The City of Casey successfully completed a nearly half-million dollar housing rehabilitation program that brought nine homes up to code and assisted 19 low-to-moderate income residents, officials announced during a...
City Council Meeting Briefs.Blue

CITY MEETING BRIEFS

Grant Administration Success: The Coles County Regional Planning & Development Commission successfully administered the $498,279 housing rehabilitation grant with 100% of funds reaching qualifying low-to-moderate income households. No Resident Displacement:...
Casey Westfield School Board.3

Casey-Westfield Board Approves $100,000+ in Technology and Facility Upgrades

The Casey-Westfield School Board approved more than $100,000 in technology purchases and facility improvements during Monday's meeting, while also addressing administrative cost limitations and preparing for new board member transitions....
Casey Westfield School Board.1

Casey-Westfield Students Excel in Academics and Community Service

Casey-Westfield students demonstrated exceptional achievement across academic competitions, community service, and educational experiences, according to administrator reports presented during Monday's board meeting. High school students showcased academic excellence through multiple...
Casey Westfield School Board.2

SCHOOL BOARD MEETING BRIEFS

Bond Funds Secured: The Series 2025 HLS Bonds closed April 15 with proceeds deposited at Casey State Bank and fully collateralized, advancing facility improvement projects. Board Transition Pending: New board...
Casey Council Meeting.1

Casey Council Approves Major Equipment Purchase, Awards Tree Removal Contracts

The Casey City Council authorized the purchase of a $191,537.50 hydro-vac truck and awarded contracts totaling more than $40,000 for tree and stump removal projects during Monday's meeting, while also...
Casey Council Meeting.2

Casey Committee Maintains Chicken Ban, Advances Planning Initiatives

Casey city committees addressed livestock regulations and economic development planning during meetings held before Monday's council session, with decisions that will affect both residential regulations and long-term community growth. The...
City Council Meeting Briefs.Purple

CITY MEETING BRIEFS

Pond Project Installation: The valve structure for the park pond project arrived Tuesday with installation work beginning this week, continuing progress on the recreational facility enhancement. Sidewalk Bids Scheduled: Contractor...
Casey Council Meeting.1

Casey Council Approves Union Contract, Issues Historic Founding Day Proclamation

The Casey City Council approved a tentative agreement with the ICOP Union and signed a proclamation commemorating the city's founding during Monday's meeting, while also advancing several business and infrastructure...
Casey Council Meeting.2

Casey Schedules Public Input on Comprehensive Plan Update

Casey residents will have the opportunity to provide input on the city's comprehensive plan update during a public meeting scheduled for April 22nd from 5:00 to 7:00 p.m., Economic Development...