Texas Supreme Court Lawsuits and Looming Special Sessions

August 8, 2025 – A legal and political showdown is intensifying in Texas as Attorney General Ken Paxton files a lawsuit with the Texas Supreme Court asking the court to declare the seats of 13 Democratic House members vacant. These lawmakers fled the state to block a GOP‑led redistricting vote, effectively shattering quorum during the current special session. Paxton argues their public refusal to return constitutes abandonment of their duties. If the court agrees, Governor Greg Abbott would be empowered to call special elections to fill those seats.

The Texas Constitution requires 100 of the 150 members, or two-thirds, to be present in order to conduct business. On Friday, only 95 were in attendance. 

This lawsuit comes on the heels of an earlier, nearly identical legal action by Governor Greg Abbott, targeting Democratic Caucus Chair Gene Wu. Abbott also urged the Supreme Court to expel him, claiming quorum-breaking equates to abandoning his office. Legal experts, however, note that historically, only the legislature itself can discipline members—via a two-thirds vote—making such judicial removal unprecedented and constitutionally dubious.

It appears that the record for the most special sessions was set in 1919. Set by Gov William P. Hobby at an astounding 11.

While Republicans continue to ramp up pressure—with civil arrest warrants, daily fines, and calls for enforcement across state lines—Democrats remain defiant. They argue their walkout is a legitimate, constitutionally protected form of legislative dissent and accuse Republican leaders of weaponizing the courts to force political outcomes.

Meanwhile, Governor Abbott has signaled readiness to call additional special legislative sessions, pushing to pass redistricting with or without returning Democrats. Analysts deem another special session “probable” should the standoff continue unresolved by the court.