Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest

That is clear legal authority. It may not be dispositive authority according to these Democratic members. However, the federal lawsuit primarily hit the House rule on the meaning and limits governing “arrests.”

Cruz was clearly reasonable in claiming his view of clear authority. Reasonable people can disagree but he had an express constitutional provision supporting his position.

If someone was discerning enough to read the column, they would see the glaring contradiction between the analysis and the conclusion. Of course, most people will not read much past the conclusion that Cruz said something false. However, the analysis simply states that “because absent lawmakers aren’t charged with a crime, it’s unclear how the use of the word ‘arrest’ should be interpreted in this context. This is because no Texas court has reviewed how this provision is to be enforced. Thus, there is no legal clarity.”

It was reminiscent of the fact check of the former White House press secretary Sarah Huckabee Sanders by Glenn Kessler. The Post assigned her two “Pinocchios” for saying that Comey’s actions “were improper and likely could have been illegal.” Yet, the Post concluded that the memos were, despite Comey’s denial, FBI material and that he violated FBI rules in removing and releasing such information. It also accepted that employees under Comey as director could well have been fired for such violations. It also agreed that the memos might have been either classified or privileged, even though there has been no final determination. Regardless, the Post awarded two Pinocchios for Sanders stating that Comey’s actions were “improper and likely could have been illegal.”

Cruz has demanded a correction from the Post in light of the Supreme Court decision.

 

It is unlikely to do so.  I would not object to PolitiFact to saying that some have and would contest the legal basis for the arrest order. It could even say that many would say it is not clear without case authority. However, it is biased to claim that it was false for Cruz to claim clear legal authority.  Obviously, the Texas Supreme Court viewed it as a clear because it reversed the district court within 24 hours.

PolitiFact should correct its column. Indeed, it should have been corrected before the Texas Supreme Court decision.

50 thoughts on “Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest”

  1. Does anyone recall Al Gore’s assertion that there was no controlling legal authority relevant to his dialing for dollars from an executive office?

  2. PolitiFact STILL lists as false Ted Cruz’ truthful and factual claim that there is clear legal authority to arrest legislators who are AWOL. Furthermore the PolitiFact hit piece article (disguised as a legal argument) on Cruz is still posted to the site. This After I emailed the author yesterday informing him of the Texas Supreme Courts ruling…. just in case he missed it, lol.

  3. According to Randall Erben, in a PolitiFact article; “this hypothetical set of circumstances has no judicial precedent in Texas”.
    I suspect the reason for “no judicial precedent” is that most legislators (including some Texas Democrats) regard “doing their job” as a time-honored tradition.
    Which is another way of saying that most Texas legislators don’t act or behave like children (i.e. run and hide) when they don’t get their way.
    Most legislators, including those in Texas, respect the rule of law and their constituents such that they don’t have to be hunted down, arrested and returned home to do the job for which they were elected.

  4. I am “a person of color”. “White” is a color. I have freckles. That might be Irish ancestry.
    I think all lives matter regardless of colors.
    ALM.

  5. Hunt them all down….handcuff them….drag them kicking and screaming into the Legislature and make plenty of video of it….and play it on every news outlet in the Country.

    Show the Country what cowardly and sleazy people the Democrats are….and prove they cannot play by the Rules.

    Then be rid of them however possible….recall, try them on Felony charges, whatever it takes.

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