PULSE POINTS
WHAT HAPPENED: The Texas House of Representatives has filed lawsuits in Illinois and California courts to domesticate civil arrest warrants for House Democrats who fled the state to block a vote on redistricting. Should the two states reject the warrants, the matter could find its way to the U.S. Supreme Court.
WHO WAS INVOLVED: Texas House Democrats, Texas House Speaker Dustin Burrows (R), Illinois Governor J.B. Pritzker (D), and California Governor Gavin Newsom (D).
WHEN & WHERE: Lawsuits were filed recently in Illinois and California after Democrats fled Texas during a special session.
IMPACT: If Illinois and California courts refuse to enforce the warrants, the matter could escalate to the U.S. Supreme Court.
IN FULL
The Texas House of Representatives has filed arrest warrants for 56 Texas Democrat lawmakers currently hiding in Illinois and California. They left the state to prevent voting on a redistricting plan during a special session. Each of the lawsuits asks courts in Democrat-controlled California and Illinois to domesticate warrants under the Full Faith and Credit Clause of the U.S. Constitution, enabling the absent lawmakers to be detained and returned to Texas.
However, Illinois Governor J.B. Pritzker (D) has already declared that his state will not comply, insisting that Illinois is not obligated to honor the warrants unless a federal crime has been committed. He stated, “There is literally no federal law applicable to this situation. None.” It is suspected that California Gov. Gavin Newsom (D) will likewise ignore the warrants.
The situation could set up a major showdown before the U.S. Supreme Court if Illinois and California continue to refuse to enforce the Texas warrants. Notably, the U.S. Constitution’s Full Faith and Credit Clause mandates states to recognize and enforce public acts and judicial proceedings from other states. Compounding the situation is the reported involvement of the Federal Bureau of Investigation (FBI) in tracking down and possibly arresting the missing Texas Democrats—a factor that could expedite any federal court challenge.
The lawsuits argue that Illinois and California must treat Texas’s Quorum Warrants as their own civil orders. They cite federal statute 28 U.S.C. § 1738, which codifies the Full Faith and Credit Clause and the Judicial Comity doctrine. Precedent from a 2016 U.S. Supreme Court ruling on the Full Faith and Credit Clause supports Texas’s position, requiring state courts to enforce judgments from other states.
Courts in Illinois and California have yet to schedule hearings on the matter.
Image by Joe Ravi.
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