Illinois Judge Denies Texas Attorney General’s Request to Enforce Arrest Warrants for Absent Democrats Amid Redistricting Battle

A judge in Illinois has dismissed a petition by Texas Attorney General Ken Paxton seeking enforcement of civil arrest warrants against the absent members of the Texas House of Representatives who are attempting to prevent a redistricting effort that could potentially secure five additional seats for Republicans in the US House.

In an order filed on Wednesday, Judge Scott Larson of the Eighth Circuit Court of Illinois stated that his court did not have the authority to grant Paxton’s request, as many legal experts predicted when the motion was initially filed. The judge wrote: “As the petitioner has failed to present a legal basis for the court to obtain subject matter jurisdiction over this cause of action, this court is without jurisdiction to grant petitioner’s emergency motion to rule on pleadings.”

Last week, Paxton requested the Illinois court to enforce civil arrest warrants signed by Texas House Speaker Dustin Burrows. Over thirty Texas House Democrats have taken refuge in Illinois as they strive to impede redistricting proceedings. In his order, Judge Larson clarified that “the court does not have the inherent power to direct Illinois law enforcement officers, or to allow the Sergeant-at-Arms of the House of Representatives of the State of Texas, or any officer appointed by her, to execute Texas civil Quorum Warrants upon nonresidents temporarily located in the State of Illinois.”

Judge Larson also highlighted that the civil arrest warrants are “geographically limited” and fall under the jurisdiction of the sergeant at arms of the Texas House of Representatives for any potential arrests.

Paxton’s legal strategy in Illinois is one of several pressure tactics employed by the Texas Republican Party to bring back the absent House Democrats. A similar request was filed in California after several Texas House Democrats were sighted in the state with California Governor Gavin Newsom.

The Texas Supreme Court declined earlier this week to immediately rule on another tactic from Paxton and Governor Greg Abbott aimed at removing certain lawmakers who have fled Texas from office. The court has set a September 4 deadline for responses from both parties, implying that its decision may take several weeks.

Texas Democrats appear to have thwarted the passage of GOP-drawn US House maps during a 30-day special session. Governor Abbott has stated his intention to call a new special session on Friday, with Speaker Burrows urging lawmakers to be prepared for an immediate convening and to work throughout the weekend.

The duration that state House Democrats will remain absent from Texas remains uncertain. State Representative Gene Wu, chair of the House Democratic caucus, stated in Illinois on Thursday that their walkout had served as inspiration for California and other Democrat-led states to retaliate with their own efforts to redraw maps.

“When we first embarked on this journey, we spoke about the fact that eventually they might still pass these maps – but we’re going to do everything we can to one, awaken America, to reignite the spirit of the American people, and to fight again for what we believe in and want,” Wu said.