AUSTIN, TX — A coalition of organizations that represent Texans and are committed to voting interests in the state have united to file a “friend of the court” brief with the Texas Supreme Court, explaining that Governor Greg Abbott’s attempt to expel State Representative Gene Wu, a sitting legislator in Texas elected by a majority of voters in his district, is unconstitutional and could set a dangerous precedent that is antithetical to our democracy. The organizations are represented by Democracy Forward and Susman Godfrey LLP.
In a friend of the court brief filed with the Texas Supreme Court today, the League of Women Voters of Texas, Asian Texans for Justice, OCA-Greater Houston, the League of United Latin American Citizens, Texas State Conference of the NAACP, and Unidos US explain that Governor Abbott’s request to remove a duly elected member of the Texas House of Representatives based on the member’s participation in the quorum break to protect voting rights — a legislative option that is recognized by the Texas Constitution and has been exercised by state lawmakers at various times over the course of more than 150 years — is not only unprecedented Texas history, but also unconstitutional.
The Governor “is requesting that this Court deprive citizens of the State of representation by their elected representative,” reads the brief. “He is also seeking to wield power neither the Constitution of Texas nor the Constitution of the United States provides him. Because both the spirit and the letter of the law of this State and of the United States prohibit this Court from granting the Governor’s request, it should be denied.”
The Texas-based organizations represent members of the voting public in Texas, including those represented by State Representative Wu.
“The League was already concerned by the legislature’s attempt to thwart the will of the voters through corrupt and discriminatory mid-cycle redistricting,” said Joyce LeBombard, president of the League of Women Voters of Texas. “Now, the governor is attempting to circumvent our state's constitution and system of checks and balances. For the sake of voters and our democracy, the League is here to fight this nefarious power grab.”
“Governor Abbott’s lawsuit against Representative Wu is a blatant abuse of power and not just an attack on one lawmaker, but part of a broader pattern of anti-Asian hostility and political retaliation against those who dare to speak truth to power. We stand firmly with Rep. Wu, whose tireless advocacy has been critical in challenging racist gerrymanders and defending the democratic process,” said Nabila Mansoor, Co-Executive Director, Asian Texans for Justice.
“Not for the first or the last time, the Texas State Conference of the NAACP is standing in the breach to protect the rights of Texans,” said Gary Bledsoe, President of the Texas State Conference of the NAACP. “We are duty-bound to oppose both the Governor's baseless attempt to remove members through the use of expanded executive authority, as well as the racial gerrymander he is pushing through the legislature. With our partners and the good people of our State and nation, we will fight this at every step.”
“The Governor is denying AAPI voters their core constitutional rights by this underhanded and unconstitutional scheme,” said Deborah Chen of OCA-Greater Houston. “Our volunteer-run organization is dedicated to improving civic engagement, and nothing could be more destructive to our mission — and truly our democracy — than the Governor’s attempt to disenfranchise voters in Texas.”
“Latino voters of both parties in Texas deserve the representatives in the state legislature that they voted for. The history of Texas state politics is filled with times when lawmakers have left the state to make sure that they have a voice on matters important to their constituents — and this time is no different. No Governor should have the power to deprive the people of their elected representative over a policy disagreement,” said Eric Holguín, Texas State Director, UnidosUS.
“These are dangerous times for our democracy if the Texas Supreme Court allows Governor Abbott to act like an out-of-control dictator to purge a duly-elected member of the state legislature because they are using a legislative strategy he doesn’t like,” said Skye Perryman, President and CEO of Democracy Forward. “The Governor is not a King. Democracy Forward is honored to work with such an impressive group of organizations that do the hard work to protect our democracy and people’s right to vote. We are committed to stopping Governor Abbott’s alarming and unconstitutional overreach.”
The legal team at Democracy Forward on this case includes Perryman and Legal Director Victoria Nugent.
Read the full brief here.
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