By Eleanor Klibanoff, The Texas Tribune.

Attorney General Ken Paxton on Friday asked the Texas Supreme Court to expel 13 Democrats from the state House, the latest in a flurry of unprecedented actions aiming to resume business at the Capitol and pass new congressional maps to benefit Republicans.

Gov. Greg Abbott previously asked the court to expel Houston Rep. Gene Wu , the chair of the Texas House Democrats. The court has given Wu until Friday at 5 p.m. to respond.

Wu is also named in Paxton’s petition, alongside Reps. John Bucy , Lulu Flores , Vikki Goodwin , Gina Hinojosa and James Talarico of Austin, Jessica González and Mihaela Plesa of Dallas, Suleman Lalani of Sugar Land, Christina Morales of Houston, Ron Reynolds of Missouri City, Ana-María Rodríguez Ramos of Richardson and Chris Turner of Grand Prairie.

Paxton argues that these representatives effectively abandoned their offices by leaving the state Sunday to stop the House from passing a new congressional map that would redraw district lines with the aim of netting five seats for Republicans.

“Respondents’ conduct amounts to an intentional, concerted effort to stop all legislative activity by refusing to show up — let alone hear testimony, debate, or vote on legislation,” Paxton wrote in the filing. “By any metric that constitutes abandonment of office.”

Legal experts say it does not amount to abandoning office if a member intentionally does not show up for work in an effort to stymie the passage of a bill that their constituents oppose. Texas lawmakers have engaged in these “quorum breaks” since the 1870s and none have ever been expelled as a direct result of leaving the chamber.

When Democrats left the state in 2021, the courts ruled that the Texas Constitution specifically enables “quorum-breaking,” but also allows for “quroum-forcing,” in which the chambers find ways to lure members back. Since then, the House passed new rules fining members $500 for every day that they are gone.

Citing that case, Paxton said allowing members to participate in a quorum break would “upset the ‘careful balance’ of powers that this Court recognized … leaving the Texas Legislature unable to force a quorum and the people of Texas without a body capable of exercising legislative power.”

Paxton also suggested at one point he would have to file separate lawsuits at the lower courts in each member’s district, predicting a lengthy and complicated legal battle.

“We'd have to go through a court process, and we'd have to file that maybe in districts that are not friendly to Republicans,” Paxton told conservative podcaster Benny Johnson earlier this week. “So it's a challenge because every district would be different.”

But in Friday’s filing, he argues that the Texas Supreme Court has the right to rule directly on this case, especially when there is a need to swiftly resolve the matter.

Bucy, in a statement, said he would not be returning to Texas because of Paxton’s lawsuit.

“This seat belongs to the people of Texas House District 136 — not Ken Paxton,” he said. “I am not afraid. I am not backing down.”

Paxton previously challenged Abbott’s ability to bring his suit against Wu, citing a part of state law that says this type of petition must be filed by the attorney general, or a county or district attorney. Abbott argued he is filing under a different provision, and asks the court to uphold his right to bring this challenge. The Texas Supreme Court is made up entirely of Republicans and six of the nine were appointed by Abbott.

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