The Texas Supreme Court on Monday denied a request from several Democratic House members and state employees asking the justices to overturn Gov. Greg Abbott’s veto of legislative funding in the upcoming two-year state budget.
Abbott vetoed the funding in June after House Democrats walked out during the final days of the regular legislative session in May, killing two of his priority bills on elections and changing the state’s bail system. Abbott then brought the Legislature back for a special session to get the bills passed, but more than 50 House Democrats again broke quorum — denying the lower chamber of the number of present members needed to move bills — by decamping to Washington, D.C., until the 30-day session ended Friday.
Democrats challenged Abbott’s veto in court, saying it stripped their power as a “co-equal branch of government.” But the Texas Supreme Court on Monday sided with Abbott on his veto that will effectively defund the Texas Legislature, its staffers and legislative agencies later this year.
In an unsigned opinion, the all-Republican court said the lack of funding for the legislative branch “continues to exist not because of a dispute between the Governor and the Legislature, nor even because of one between the Governor and a minority of House members. Rather, the principal dispute is among the members of the Legislature.”
“This political dispute within the legislative branch is not an issue of separation of powers that we can decide,” the court said in its opinion.
The court said House Democrats could have worked with other lawmakers during this year’s first special sessions to reinstate Article X of the state budget, which covers legislative funding, without having to pass any other bills. They also could have worked with their fellow lawmakers to pass the bill more than 10 days before adjournment, which would have made it veto-proof. But they chose not to do so.
“Relators argue that the Governor is unconstitutionally coercing them to vote for legislation that he favors. But the Governor has not forced the Legislature to enact his priorities before addressing its own funding,” the opinion read. “The Legislature was free to use the special session to reinstate Article X funding. It could have done so without addressing any of the other items listed in the Governor’s call.”
“[T]he Governor’s veto of Article X followed by his call of a special session neither prevents the Legislature from funding itself nor forces the Legislature to enact legislation of the Governor’s choosing,” the opinion read.
The court noted that Abbott was trying to advance his favored pieces of legislation but that a majority of lawmakers in the GOP-dominated Legislature also supported those bills.
The court said the Democrats’ alleged injury may have started with Abbott’s veto, but continued only because they could not agree with their fellow lawmakers “over the order in which to consider legislation.”
You can read the unsigned opinion – there’s a load of political courage, I tell you – here. I didn’t expect the Supreme Court to wade into this, when it would be so much easier to avoid it, but this is just sophistry. The only reason there was a special session is because Abbott called one, as he has the sole power to call them. Would the Supreme Court feel differently if he hadn’t, or if he hadn’t added Article X funding to the special session agenda, another thing he has control over? Or is it now the case that constitutional separation of powers is entirely dependent on the calendar?
It is what it is at this point. The Article X funding will get restored, likely pretty soon at this point, and we’ll all go on our merry voter-suppression way. Just don’t come crying to me when a future Governor zeroes out Supreme Court funding. The Chron has more.