Case Summary
LWVTX and partners filed an amicus brief in the Texas Supreme Court fighting an attempt by Governor Greg Abbott to declare State Representative Gene Wu’s seat vacant. State Representative Wu, the State House Minority Leader, and several dozen other state representatives had left the state to break a quorum and prevent a mid-decade redistricting after President Trump ordered Governor Abbott to draw five additional Republican seats. The brief argued that denying a quorum was legally permitted under Texas state law and court precedent, and that the governor had no legal basis for his request to vacate State Representative Wu’s seat.
Texas law does not explicitly ban mid-decade redistricting for its congressional seats. Indeed, the state legislature has redrawn the state’s congressional districts before — most recently, in 2003. President Trump requested that Governor Abbott redraw the state’s congressional map to add five new Republican districts. The governor called a special session and a new map with five new Republican seats was proposed. The Texas Constitution states, as follows, “two-thirds of the House shall constitute a quorum to do business.” Tex. Const. art. III, § 10. A quorum is the minimum number of members needed to be present to pass laws in a legislative body.
On August 4, 2025, State House Minority Leader Gene Wu and several dozen state representatives left the state to prevent the Texas State House from achieving the quorum needed to enact the new maps. This tactic has been repeatedly used over the years in Texas to prevent legislation from being passed.
Subsequently, on August 5, 2025, Governor Abbott filed a petition in the Texas State Supreme Court, asking it to declare Minority Leader Gene Wu’s seat vacant after he left the state.
On August 8, 2025, the League of Women Voters of Texas (LWVTX), Asian Texans for Justice, OCA-Greater Houston, UnidosUS, NAACP Texas State Conference, and League of United Latin American Citizens (LULAC) filed an amicus brief asking the court to deny the governor’s request.
The brief first argued that the governor had no authority to request State Representative Wu’s removal by the Supreme Court of Texas. The amici then argued that quorum denial was a long-standing tactic allowed by the Texas State Constitution, recognized by the state’s courts, and had previously been employed multiple times in accordance with the intent of the Texas State Constitution’s framers.
Finally, LWVTX and its co-amici argued granting the governor’s request would violate the separation of powers and degrade democracy by allowing lawfully elected representatives to be disqualified simply because of political disagreements between governors and legislators.
LWVTX was represented in this matter by Democracy Forward and Susman Godfrey L.L.P.
LWV Timeline
Texas state representatives leave state
Texas State House Minority Leader Gene Wu and several dozen state representatives leave the state to deny the legislature the necessary quorum to redraw Texas’ congressional districts to add five Republican seats.
Governor Abbott moves to vacate State Representative Wu’s seat
Governor Greg Abbott files a petition in the Supreme Court of Texas, asking the court to declare State Representative Wu’s seat vacant after he participated in the quorum denial.
LWVTX files amicus brief
LWVTX and partners file an amicus brief asking the court to deny the governor’s request. The brief argues the governor has no power to demand a State House seat be vacated, and that quorum denial is a long-standing legal tactic recognized by state law and court precedent. Finally, the amici assert granting the governor’s request violates the separation of powers and degrades democracy.
Texas Supreme Court issues opinion
The Texas Supreme Court rejects the requests from Governor Abbott and Attorney General Paxton to vacate the seats of Democratic state house members that broke quorum.