AUSTIN, Texas — A state district judge in Travis County signed a temporary restraining order blocking the arrest of any Texas House Democrat who fled the state to break quorum, paving the way for them to return to the Capitol for the second special session without the threat of arrest.

What You Need To Know

  • A Travis County district judge has temporarily blocked the arrests of Texas Democrats who fled to Washington and broke quorum in the Legislature

  • The move paves the way for Democrats to return to the State Capitol without threat of arrest as the second special session continues

  • The judge's order expires in 14 days; a hearing is scheduled for Aug. 20 

  • The judge's order follows a lawsuit filed by Texas Democrats on Friday 

Judge Brad Urrutia signed the order late Sunday night. It restricts Gov. Greg Abbott and House Speaker Dade Phelan from detaining, confining or otherwise restricting a Texas House Democrat’s movement within the state of Texas. The order also bars the speaker and governor from issuing warrants or commanding law enforcement to arrest lawmakers to compel their attendance on the House floor to attain quorum. 

“No matter what the governor or speaker have said, it is a fundamental principle in this country that no one has the power to arrest their political opponents. That is why this action had to be filed,” said Attorney Samuel E. Bassett, one of the attorneys representing the 19 House Democrats who sued.

The order expires in 14 days unless extended by Urrutia. A hearing on the matter is scheduled for Aug. 20.

“Angry Republican threats to dispatch troopers to arrest, cuff, shackle, drag in, and cabin duly-elected lawmakers isn’t just meant to chill our speech and impair our ability to represent our districts; it has left our families, friends, and neighbors anxious for our wellbeing and safety,” said Rep. Gina Hinojosa, D-Austin.

Enrique Marquez, a spokesman for Phelan, said Monday morning the speaker’s office had not yet been notified of the suit or restraining order. Gov. Abbott’s office invoked the separation of powers in a statement Monday afternoon.

“The ruling by the Travis County judge is contrary to the Texas Constitution and violates the separation of powers between the different branches of government," said Renae Eze, a spokeswoman for Gov. Abbott. "We are confident that this overstep will be overturned. Texas Democrats need to stop the charades and get back to work.”

This lawsuit is the second one filed by House Democrats who fled the state in July to stop a GOP-backed elections bill from passing during the first called special legislative session. The other lawsuit was filed on behalf of 22 House Democrats, but at least four of the plaintiffs listed said they had not authorized the suit on their behalf.

The House and Senate began the second special session on Saturday but the House still lacked a quorum to take action. At least 26 House Democrats said they plan to stay in Washington and advocate for passage of a federal voting rights bill. That’s below the 51 needed to deny Republicans a quorum in the House. The House returns Monday at 4 p.m.