fox files

Democracy depends on presence. Legislating, like governing, cannot be done in absentia. In Texas, Democrats have made a habit of fleeing their duties when the political winds blow contrary to their liking. Unlike Republicans, who may fight, filibuster, and lose, but who stay to cast the vote, Texas Democrats have repeatedly taken flight, first in 1979, then again in 2003, and more recently in 2021. Now, as the Texas House prepares to pass a lawful redistricting bill that could reshape the state’s political map in favor of the Republican majority, the flight instinct stirs again.

The Democrats’ tactic is neither brave nor noble. It is sabotage disguised as protest. And it should be met not with applause, but with arrest.

This is not hyperbole. Nor is it a partisan overreach. It is the plain reading of the Texas Constitution, which provides the House the power to “compel the attendance of absent members, in such manner and under such penalties as each House may provide.” That authority was affirmed by the Texas Supreme Court in 2021, which concluded that if legislators are “sufficiently motivated to resist, the quorum-forcing authority… can only be effectuated by physical compulsion.”

And what of physical compulsion? It need not be theatrical. There is no call for shackles, nor should there be. Civil arrest, administered by the Sergeant-at-Arms under the Speaker’s direction, and potentially assisted by the Department of Public Safety, is precisely that: civil. Members who flee may be escorted back to the Capitol, detained until they appear on the floor, and then released. Their liberties are not abridged, their rights are not infringed. They are, quite literally, being asked to do their jobs.

Consider the precedent. In 2003, Texas Democrats fled to Oklahoma and New Mexico to block a redistricting plan. In 2021, fifty-two Democrats boarded a chartered flight to Washington, DC, martyrs with selfie sticks, in a failed attempt to block voting reform. In both cases, warrants were issued. In both cases, law enforcement pursued them. And in both cases, nothing came of it. Why? Because the enforcement lacked teeth, the Speaker lacked resolve, and the media praised the spectacle as a principled stand rather than a dereliction of duty.

Let us not repeat the mistake. Let us not confuse the act of disappearing with courage, nor the abuse of quorum rules with strategy. Legislative majorities exist for a reason. And while minority parties retain rights, those rights do not include dissolving the legislative process by disappearing across state lines. That is not dissent. That is sabotage.

The irony, of course, is that these theatrical flights accomplish very little. Redistricting is lawful at any time in Texas. There is no constitutional prohibition on when it may occur. And there is nothing illegal, immoral, or even unusual about using redistricting to consolidate partisan advantage. Democrats do it in Illinois. They do it in Maryland. They have tried it in New York. Republicans do it too. This is politics, not sainthood.

So why flee? Because fleeing creates drama. And drama attracts donors. One need only recall the 2021 incident to see the game: Democrats tweeting from their DC hotel rooms, holding press conferences, hosting Zoom calls, launching fundraisers. They were not escaping tyranny. They were cultivating narrative, a narrative built for MSNBC, not Texas voters.

What is the proper response to this sort of behavior? Arrest. Not punitive, but procedural. Civil arrest is the mechanism designed to enforce quorum. It is the legal answer to legislative cowardice. And it should be used.

The Speaker must not hesitate. Upon motion, a call of the House can be ordered. Civil arrest warrants can be signed. The Sergeant-at-Arms can be dispatched. If necessary, the Department of Public Safety can assist. If the members are still in Texas, they can be detained. If they flee the state before warrants are issued, let them try. The optics will not favor them.

Let us also be clear: this is not criminal enforcement. The Texas Constitution protects legislators from arrest during session, except in cases of treason, felony, or breach of the peace. But this protection does not extend to civil enforcement for quorum. That protection ends the moment a member refuses to appear for duty.

Should members resist arrest or defy lawful orders, additional penalties may follow. Under Government Code Sec. 301.026(b), refusal to comply with a House summons can constitute contempt, a misdemeanor carrying fines and possible jail time. House rules also allow for daily fines of $500, reduction in legislative accounts, and even expulsion with two-thirds support.

These tools exist for a reason. They are not meant as curiosities, nor as symbolic gestures. They are mechanisms to preserve the rule of law inside a legislative body that depends on structure, discipline, and presence.

And here, structure matters. The House cannot function without a quorum. Under Article III, Section 10 of the Texas Constitution, two-thirds of members must be present to conduct business. Absent that quorum, bills cannot be passed, debates cannot proceed, and governance is halted. That is not a bug in the system, it is a design feature. But it assumes that members act in good faith. When they do not, when they flee to avoid votes they cannot win, the quorum requirement is not a check on power, but a tool of extortion.

It is time to remove that tool.

The temptation, of course, is to treat this as mere political theater, something to be mocked, perhaps, but not seriously addressed. That would be a mistake. The danger of such acts is not merely their ineffectiveness. It is the precedent they set. If minority parties learn that fleeing earns media sympathy, stalls legislation, and fuels donations, they will do it again and again. And they will do it regardless of ideology.

Let us then affirm a simple principle: If you hold office, you must show up. If you refuse, the Sergeant-at-Arms will find you. If you hide, law enforcement will search. If you flee, you will be returned. That is the compact of self-government.

The people of Texas deserve a functioning legislature. They voted. They sent representatives. They expect laws to be debated, passed, or defeated—not evaded. Redistricting is not a moral crime. It is a constitutional process, wielded by both parties. To flee from it is not resistance. It is abandonment.

There is a word for lawmakers who run from the law: fugitives. And in Texas, fugitives can be brought home.

P.S. It is worth remembering that every single Democrat in the Texas House voted to install Speaker Burrows, while a majority of Republicans voted against him. Burrows, not the Republican majority, controls the legislative calendar and this redistricting effort. The map is his. The process is his. And by extension, it belongs to the Democrats who elevated him. If anyone has earned the right to object, it is the Republican majority who opposed his speakership, not the Democrats now attempting to derail the very process they helped empower.