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

City Council Meeting Briefs.Blue

CITY MEETING BRIEFS

Ordinance Changes Considered: Alderman Richardson reported a citizen inquiry about allowing chickens within city limits, with an ordinance committee meeting planned to discuss potential changes to current regulations. Emergency Sirens...
Casey Westfield School Board.2

Casey-Westfield Board Approves $4.5 Million Bond Issue with Local Banks

The Casey-Westfield School Board unanimously approved a $4.5 million bond issue for fire prevention, safety improvements, and building renovations during Monday's meeting, with financing arranged through three local banks at...
Casey Westfield School Board.3

Legislative Concerns and Athletic Policy Changes Address School Operations

Casey-Westfield school officials are monitoring state legislative developments that could affect district operations, while also adapting to new athletic association policies for private school competition. Superintendent Mike Shackelford alerted board...
Casey Westfield School Board.1

SCHOOL BOARD MEETING BRIEFS

Technology Infrastructure Critical: The 9-year-old junior/senior high server replacement was urgently needed due to memory loss, 95% capacity usage, and daily error codes threatening system failure. Local Banking Partnership: Three...
Casey Council Meeting.2

Casey Approves Historical Society Parade, Adds Employee Medical Benefits

The Casey City Council formally approved the Casey Historical Society Parade for May 10th and enhanced employee benefits by adding AirMedCare membership during Monday's meeting, while also advancing comprehensive planning...
Casey Council Meeting.1

Casey Advances Comprehensive Planning with Public Input Planned

Casey is moving forward with a comprehensive update to its long-range planning efforts, with public participation opportunities scheduled for April as the city works toward adopting a new comprehensive plan...
City Council Meeting Briefs.Purple

CITY MEETING BRIEFS

Summer Cleanup Scheduled: The annual city-wide cleanup will run June 7th through June 14th, with Utility Superintendent Biggs also announcing plans to advertise for summer help positions. Storm Response Active:...
Casey Council Meeting.1

Casey Police Face Staffing Changes as Officer Resigns, New Recruit Advances

The Casey Police Department is navigating personnel transitions after an officer submitted his resignation, while a new recruit continues progressing through the academy, Chief Adam Henderson reported during Monday's city...
Casey Council Meeting.2

Economic Development Initiatives Gain Momentum in Casey

Casey's economic development efforts are expanding with multiple new programs and partnerships designed to boost the city's growth prospects, Economic Development Director Tom Daughhetee announced during Monday's council meeting. Daughhetee...
City Council Meeting Briefs.Blue

CITY MEETING BRIEFS

Founder's Day Parade Planned: A Founder's Day Parade is being organized for May 10th following a request by Patty Richards during the public forum. A resolution authorizing the parade will...
Casey Westfield School Board.1

Casey-Westfield Board Holds Hearing on $4.5 Million Safety Bond Issue

The Casey-Westfield School Board conducted a public hearing on a proposed $4.5 million bond issue for fire prevention and safety improvements, while also approving 4% administrative salary increases and addressing...
Casey Westfield School Board.2

Casey-Westfield Students Excel in Academics and Community Service

Casey-Westfield students demonstrated exceptional achievement across academic, artistic, and community service activities, according to administrator reports presented during Monday's board meeting. Monroe Elementary students celebrated multiple milestones, including the 100th...
Casey Westfield School Board.3

SCHOOL BOARD MEETING BRIEFS

Bond Issue Under Review: The $4.5 million fire prevention and safety bond proposal remains under consideration following public hearing input about property tax concerns and district bonding capacity. State Funding...
Casey Council Meeting.2

Casey Moves Forward with Utility Rate Study as Resident Questions City Processes

The City of Casey took the next step toward addressing its utility rate issues during Monday's council meeting, while a resident raised concerns about city transparency and bidding processes. Utility...
City Council Meeting Briefs.Purple

CITY MEETING BRIEFS

Utility Rate Study Advances: Water and sewer rate study information is ready for submission to the Illinois Rural Water Association for professional review, moving the city closer to addressing identified...