In re Abbott (Opinion)Annotate this Case
The Supreme Court conditionally granted Petitioner's petition for a writ of mandamus and directed the district court to rescind a temporary restraining order (TRO) issued by the district court prohibiting the Governor and the Speaker of the House (Defendants) from compelling the attendance of members of the Texas House of Representatives (Plaintiffs), holding that the Texas Constitution gives the House of Representatives the authority to physically compel the attendance of absent members.
Plaintiffs fled the state on July 12, 2021 in order to deny the House a quorum, thus preventing the legislature, in special session, from enacting voting legislation they opposed. Plaintiffs fled the state to escape the jurisdiction of the House, whose rules provide that absent members may be arrested and their attendance secured and retained. Plaintiffs then brought this action seeking an injunction prohibiting their arrest. The district court granted a TRO prohibiting Defendants from compelling Plaintiffs' attendance by arrest or restraint. The Supreme Court directed the district court to rescind the TRO, holding that the district court abused its discretion by granting the TRO.