Democrats were able to avoid the reach of state lawmakers during the first special session of the year by crossing state lines for their quorum bust. But since the start of the second special session, some Democrats have begun returning to Texas, even as they continue to avoid entering the House chamber.
State Rep. Eddie Rodriguez, D-Austin, said he is still in Washington and does not plan on returning to the House “anytime real soon.”
“We’re united in staying away from the House as long as possible,” Rodriguez said, adding that he and many of his colleagues do not believe Phelan has the authority to issue arrest warrants for absent members. “The court will have to make some kind of decision on whether that’s something that can be done or not.”
A group of the quorum-busting Democrats have filed two lawsuits in response to Republican efforts to bring them back to the House floor to establish a quorum, including one in federal court that argues these GOP efforts infringe on their constitutional rights.
They also filed suit in a Travis County state district court, where a judge issued an order prohibiting the arrest of absent members. But the Texas Supreme Court on Tuesday temporarily blocked the order in response to an emergency petition from Phelan and Gov. Greg Abbott.
State Rep. Lyle Larson, R-San Antonio, was the lone Republican to vote against authorizing the use of arrest warrants to compel attendance in the chamber.
“Have we got to the point where we believe our own bull shizz so much that we arrest our own colleagues,” he said in a tweet. “Civil discourse took a nasty turn today.”
Phelan signed just one arrest warrant during the first special session, for Rep. Philip Cortez of San Antonio. Cortez was one of the 57 Democrats to break quorum and head to Washington, but he returned to Austin and said he hoped to negotiate over the language of the GOP elections bill.
One day later, he returned to Washington and Phelan signed the warrant for his arrest.
