Gov. Greg Abbott's options to force a redistricting vote are more limited than they appear

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The Texas governor's court threat could take months to resolve — despite a fast-approaching redistricting deadline.

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https://www.politico.com/news/2025/08/04/greg-abbott-texas-democrats-redistricting-00492100

Abbott and other Texas Republicans face a hard deadline as they are preparing to adopt maps that could net the GOP five seats in the U.S. House, potentially cementing the party’s majority in Congress. Maps need to be completed before the end of the year so that election officials can prepare for the state’s March 3 primaries. The move has also prompted retaliation threats by Democratic governors in other states and roiled expectations for the 2026 elections, when Democrats hope to take the House and act as a check on President Donald Trump......

What are Abbott’s legal options?
Federal laws allow states to demand the return, or “extradition,” of criminal fugitives from other states. But because breaking quorum is not illegal, Abbott can’t seek help from the courts to compel the Democrats’ return.

Instead, Abbott threatened to take another action against the absentee lawmakers: Ask Texas courts to remove them from office altogether. State law permits a Texas district court to determine whether a public official has “abandoned” his or her office, declaring it vacant — enabling the governor to set new elections to fill the empty seats......

The governor’s threat is rooted in a nonbinding legal opinion issued in 2021 by Attorney General Ken Paxton, amid the last attempt by Democrats to break quorum. Paxton, notably, took no position on whether breaking quorum is constitutional.

The republican AG also declined to say whether fleeing Democrats could or should be removed from office. Rather, he called it a “fact question for a court” that he said was beyond the scope of his office to decide. He noted instead that he could file what are known as “quo warranto actions” in court, asking a judge to determine whether the missing lawmakers had officially vacated their seats.

How would a judge make that call? Paxton said he wasn’t certain.

“We find no constitutional provision or statute establishing an exhaustive list for why a vacancy occurs or the grounds under which an officer may be judicially removed from office,” he wrote......

That timing matters when the GOP-led redistricting plan is on a fixed timeline: A new map must be adopted by early December in order to be in place for the 2026 midterm cycle. That would require Democrats to remain out of state for about four months while they accumulate $500-per-day civil fines. The current special Legislative session is slated to end on Aug. 19, but Abbott could call another one.

[UTUSN]

1. K&R

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2. 'Doesn't have the authority': TX governor gets basic law lesson from Newsmax expert

When you lose Newsmax judicial analyst Andrew Napolitano, you know that you are in trouble

Newsmax judicial analyst Andrew Napolitano insisted that Texas Gov. Greg Abbott (R) did not have the authority to expel Democrats who fled the state to avoid a vote on redistricting.

— Raw Story (@rawstory.com) 2025-08-04T16:30:36.904Z

https://www.rawstory.com/andrew-napolitano-greg-abbott-redistricting/?link_source=ta_bluesky_link&taid=6890e02bc3133d00011635a1&utm_campaign=trueanthem&utm_medium=social&utm_source=bluesky

Newsmax judicial analyst Andrew Napolitano insisted that Texas Gov. Greg Abbott (R) did not have the authority to expel Democrats who fled the state to avoid a vote on redistricting......

Napolitano, however, suggested the governor was bluffing.

"The governor is threatening to remove them," the analyst explained on Monday. "He doesn't have the authority to do so. The Attorney General is threatening to arrest them. Well, he can only, the Attorney General of Texas, he can only arrest them in Texas. They're going to issue extradition warrants."

"First of all, you can only extradite for a felony, and this isn't a felony," he continued.

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3. Paxton to seek judicial orders declaring Democrat quorum-busters seats vacant if they are not back by Friday

Here is an announcement by Paxton. Legally, Paxton should file 57 different lawsuits against each member of the legislature who is absent. It seems that Paxton may be filing only one lawsuit

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This will be fun to watch