Texas Democrats Sue Over Effort To Force Them Back To Austin To Vote

Strangely, the counsel on the brief is listed as “Deguren and Dickson.” It is not clear if that is supposed to be DeGuerin and Dickson which has an office at the listed address. There is an email on the complaint reading “caw@deguerin.com.”

The Democrats sue over deprivations caused by their own decisions to flee the state to prevent the vote. It was an ironic moment as Democrats in Washington celebrated their act while they denounced filibusters. The Texas Democrats were carrying out a type of de fact filibuster by flight. However, they would not have incurred those costs but for their own actions. Two other Democratic members have been criticized over taking a vacation to Portugal after fleeing to Washington.

Yet, the filing alleges that the Republicans are conspiring against them in plain view in response to their consensual consent:

  1. Plaintiffs allege that in doing the acts and things complained of, the Defendants were conspirator [sic] engaged in a scheme and conspiracy designed and intended to deny and deprive them of rights guaranteed to them under the Constitution and laws of the United States and particularly those herein above enumerated.

Under Rule 3.1 a “lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.” Moreover, the defendants could seek sanctions  under Federal Rule of Civil Procedure 11 claiming a lawsuit “for an improper purpose” of causing “unnecessary delay.”  Indeed, Democratic activists in Texas have filed such complaints against Republicans on these grounds.

These Democratic members are asking a federal court to allow a lawsuit based on the use of statutorily permitted sanctions in response to their own decisions to flee the state. There is no legal authority that directly support such a claim. Indeed, the short complaint reads more like a press release from the DNC — restating political claims with a caption on the top.

Here is the complaint: Thompson v. Abbott

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