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re: Judge Issues TRO that Texas Democrats Cannot be Arrested

Posted on 8/9/21 at 7:29 pm to
Posted by jp4lsu
Member since Sep 2016
6204 posts
Posted on 8/9/21 at 7:29 pm to
There has to be some threat or recourse for legislatures not holding quorum. What would keep this from happening every time the opposition doesn't like a bill?

Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57639 posts
Posted on 8/9/21 at 8:06 pm to
quote:

Violating a temporary restraining order is a crime.


A restraining order on a constitutional power is not valid. This is no different than the judge signing a TRO to restrain the Governor from signing a duly-passed bill into law.
This post was edited on 8/9/21 at 8:08 pm
Posted by mark65mc
Baton Rouge
Member since Dec 2007
11494 posts
Posted on 8/9/21 at 8:13 pm to
quote:

Abbott should go the way of Jackson.


He should go further. Declare them all missing/dead and vacate their seats.
Posted by td1
Baton Rouge
Member since Oct 2015
3142 posts
Posted on 8/9/21 at 8:28 pm to
quote:

A restraining order on a constitutional power is not valid. This is no different than the judge signing a TRO to restrain the Governor from signing a duly-passed bill into law.


Bingo.
Posted by dafif
Member since Jan 2019
7805 posts
Posted on 8/10/21 at 5:29 am to
In response, the authority to arrest seemed to me to be within their power so if a court can take it away, which I doubt then nothing.

The bad part is that the Texas supreme court’s opinion will determine the extent of the power
Posted by squid_hunt
Baton Rouge
Member since Jan 2021
11272 posts
Posted on 8/10/21 at 6:07 am to
quote:

I’d love to be wrong but Abbott just seems to find his boundaries in the land of Happy Talk.

If this is more GOPe failure theater, then he can forget about wasting his money running for president. "Gee, guys, I'd like to enforce the law, but there's this one judge who said mean things and I got scared. Guess we're stuck with crappy election laws after all..."
This post was edited on 8/10/21 at 6:08 am
Posted by WeeWee
Member since Aug 2012
43726 posts
Posted on 8/10/21 at 7:59 am to
quote:

Violating a temporary restraining order is a crime.


A restraining order on a constitutional power is not valid.


If the Governor or the Speaker of the Texas House issue orders for the democrats arrest then one of the democrat(s) and/or their attorney can file charges on the Governor or the Speaker and the officers that carried it out. The Travis County DA would love the opportunity to try and arrest every republican involved and get the snapshot of them doing a perp walk. The stuff about whether or not the TRO was valid or if the Travis County DA can press charges against the republicans involved due to them having diplomatic immunity will be decided in court at a later date and you can bet the dems and the Travis County DA will delay as long as possible to drag it out. The TRO being valid or not does not matter because the dems want their perp walk picture. The republicans can avoid that by remaining in the House chamber where their diplomatic immunity would prevent their arrest until the Governor issues a pardon. That way the bill gets passed and the dems do not get their photo op.
Posted by dafif
Member since Jan 2019
7805 posts
Posted on 8/10/21 at 4:55 pm to
Bump for me being correct and the supreme court’s rejection of the tro
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