* Some background is here if you need it. Isabel told you about this development earlier today…
A circuit judge in downstate Quincy has rejected Republican Texas Attorney General Ken Paxton’s petition to compel Illinois law enforcement to enforce civil warrants issued by the Texas House speaker and arrest Democrats who fled their state to block Republicans from enacting a new GOP-favored congressional map.
In his ruling, Adams County Circuit Judge Scott Larson said repeatedly that the Illinois circuit courts do not have the “inherent power” to consider the case, in part, because the warrants were issued by Texas’ legislative branch and no Texas court has issued a ruling to enforce them.
“This Illinois circuit court does not have the inherent power to initiate, consider and determine whether the actions of foreign legislators while in a special legislative session were contumacious and done for the purpose of willfully evading civil legislative Quorum Warrants issued by the State of Texas House of Representatives,” Larson wrote in his ruling issued Wednesday, using a somewhat archaic term meaning “willfully disobedient to authority.“
Texas’ filing reminds me of one of those DeVore covid specials from back in the day. Same result, too.
* More from the ruling…
Further, this court notes that the Quorum Warrants issued by the State of Texas House of Representatives are geographically limited and specifically requests that the Sergeant-at-Arms of the House of Representatives of the State of Texas take into custody the Member, “wherever the Member may be found in the State [Texas].”
* And that brings us to this letter from the Chair of the Texas House Committee on House Administration to Rep. Nick Smith, the Illinois House’s sergeant at arms. I’m not sure what the role of the sergeant at arms is in Texas, but in our House it’s just a legislative title. Smith is not a sworn officer…
Dear Mr. Sergeant-at-Arms:
I am writing to request your assistance in executing process ordered by the Texas House of Representatives seeking the return of members absent from House proceedings.
On August 4, 2025, at least fifty members of the Texas House of Representatives absented themselves from legislative proceedings, denying the body a quorum. Exercising its lawful authority under Section 10, Article III, Texas Constitution, and Rule 5, Section 8, Texas House Rules of Procedure, the members present ordered the return of absent members, under civil warrant of arrest if necessary, and the Honorable Dustin Burrows, Speaker of the House, signed civil warrants of arrest for those members yesterday. Copies of those warrants are attached to this letter.
Media reports and social media posts affirmatively indicate that many of these absent Texas House members are present in your state in an effort to avoid execution of the House’s civil warrants of arrest. I request any assistance you are able to provide as the sergeant-at-arms in your state in executing this lawfully ordered process so that the Texas House may complete its vital work for the people of Texas, from disaster relief to education reform.
Sincerely,
[Signed]
Charlie L. Geren
Chairman, House Committee on House Administration
Texas House of Representatives
No response was sent. But here’s a statement from the Illinois House Speaker’s office…
A member of the Texas House of Representatives emailed Leader Nick Smith, who serves as Majority Officer and Sergeant At Arms—a position primarily responsible for maintaining order in meetings of the Illinois House Democratic Caucus. No member of the Illinois House is responsible for attendance at Texas’ session.
* The bigger picture here is that the concept of “civil warrants” is taking on an increasing importance in some minds that it really shouldn’t have.
The most well-known example is how federal immigration authorities expect all state and local law enforcement to help them enforce civil warrants, even if they’re issued on the spot.
Due process is nowhere to be found with these warrants.
Like some other states, Illinois’ official response has been, to Democratic and Republican federal administrations alike: “Go get yourself a criminal warrant from an actual judge and then you’ll have all the cooperation your hearts desire.”
But, for whatever reason, immigration authorities don’t want to go to that trouble, even in cases where obtaining a criminal warrant would be a no-brainer.
* And the same applies with this Texas case. If the Texas House can convince a Texas judge to issue actual criminal warrants for the absconded legislators, then of course Illinois courts and law enforcement would cooperate.
But all they’ve got right now is a piece of (virtual) paper with no force of law behind it outside their own state.
- low level - Thursday, Aug 14, 25 @ 10:27 am:
More lawfare from Republicans…
- Flyin' Elvis'-Utah Chapter - Thursday, Aug 14, 25 @ 10:36 am:
“DeVore covid specials from back in the day”
The DeVore special-extra greasy with a side order of huckster shuck and jive.
- Anon324 - Thursday, Aug 14, 25 @ 10:46 am:
Asking Illinois officials to assist Texas officials with anything after the latter’s migrant trafficking stunt is pretty hilarious.
- CA-HOON - Thursday, Aug 14, 25 @ 11:00 am:
I think this would be a great opportunity to make both a symbolic and *literal* statement about Texas’ civil warrants: print them out on rolls of TP and stock the bathrooms of the Illinois capitol building with it.
- Friendly Bob Adams - Thursday, Aug 14, 25 @ 11:05 am:
The situation in Texas was formerly amusing but has developed into something scary. People can’t leave the state without permission? Other states are supposed to detain those people and extradite them? The FBI is getting involved?
- Hellen - Thursday, Aug 14, 25 @ 11:29 am:
C’mon, who cares about legal technicalities and political considerations. I just wanna see Nick arrest someone.
- Larry Bowa Jr. - Thursday, Aug 14, 25 @ 11:32 am:
“no Texas court has issued a ruling to enforce them”
I knew it was all very stupid but this is beyond what I expected. I guess they thought we had already reached the “no law but what republicans want” stage. We’re close but not there yet.
- JS Mill - Thursday, Aug 14, 25 @ 11:33 am:
=No response was sent.=
I can think of a good seven letter response.
- Irreverent - Thursday, Aug 14, 25 @ 11:40 am:
They want to normalize warrantless kidnappings with no due process.
- Casper the Ghost Bus - Thursday, Aug 14, 25 @ 11:42 am:
Has the Texas House tried ringing a bell?
- Streator Curmudgeon - Thursday, Aug 14, 25 @ 11:49 am:
contumacious: adj., stubbornly or willfully disobedient to authority.
My vocabulary word for today.
- In_The_Middle - Thursday, Aug 14, 25 @ 12:02 pm:
It’s all performative for Texas Republicans. But also shows a lack of common sense and understanding of the law. Or maybe that’s by design just to make it performative.
- Demoralized - Thursday, Aug 14, 25 @ 12:19 pm:
Ken Paxton has tried to enforce Texas law in other states on multiple occasions. He doesn’t seem to understand the Texas law stops at the border of the state.
I was a laughable argument to state that other states must give “full faith and credit” to the laws of Texas and enforce those laws. As a lawyer he should know better. And he should be disciplined by the Bar for filing a frivolous lawsuit.
- JS Mill - Thursday, Aug 14, 25 @ 1:05 pm:
=But also shows a lack of common sense and understanding of the law. =
Yes, because they prioritize loyalty over competence.
- Rudy’s teeth - Thursday, Aug 14, 25 @ 1:33 pm:
Wonder if the Texas Democrats that are staying in Illinois will make their way to Chicago this weekend. Would be a shame to miss the Air and Water Shown near North Avenue beach. Practice is ongoing.
- Give Us Barabbas - Thursday, Aug 14, 25 @ 1:36 pm:
Also enjoyed learning “contumacious” today, pairs well with “malicious compliance”.
These threats are all the same, trying to create an air of threat to get people into a state or preemptive compliance to nearly any evil or impractical desire the administration wants to pursue. Don’t you dare volunteer to give up a single right, make those (redacted)s work for it all. Truth is, they lack the stomach or competence to actually do that, so they count on you just giving up in advance.
- Frank - Thursday, Aug 14, 25 @ 1:55 pm:
Nice work putting your name on this Jil Tracy.
- Rich Miller - Thursday, Aug 14, 25 @ 1:55 pm:
=== Has the Texas House tried ringing a bell?===
Casper the Ghost Bus with the early lead for a Golden Horseshoe award
- Edgar - Thursday, Aug 14, 25 @ 2:11 pm:
I’m reminded of another time in American history where southern states wouldn’t stop trying to yank people off our streets and force us to play along.
- West Side the Best Side - Thursday, Aug 14, 25 @ 2:30 pm:
Maybe Sen. Tracy, even without a big cowboy hat or a stinkin’ badge can still try for a Gomer Pyle “Citizen’s Ah-rrest.”
- Tallone - Thursday, Aug 14, 25 @ 3:52 pm:
What sort of civil warrant moschi r pups Illinois cook up? Maybe start with milpresterone in Texas