Madam Speaker, I include in the Record an article with breaking news: The Texas Speaker of the House signs arrest warrants for absent Democrats in bid to end chamber's weekslong stalemate to fight against suppression and oppression in S.B.…
Madam Speaker, I include in the Record an article with breaking news: The Texas Speaker of the House signs arrest warrants for absent Democrats in bid to end chamber's weekslong stalemate to fight against suppression and oppression in S.B. 7.
[From the Texas Tribune, Aug. 10, 2021]
Texas House Speaker Dade Phelan Signs Arrest Warrants for Absent
Democrats in Bid To End Chamber's Weekslong Stalemate
(By Cassandra Pollock and Patrick Svitek)
House Speaker Dade Phelan signed arrest warrants Tuesday
evening for Democrats who broke quorum to block a
controversial GOP elections bill. The warrants will be
delivered to the House Sergeant-at-Arms Wednesday. Credit:
Jordan Vonderhaar for The Texas Tribune. Sign up for The
Brief, our daily newsletter that keeps readers up to speed on
the most essential Texas news.
Texas House Speaker Dade Phelan on Tuesday evening signed
civil arrest warrants for 52 House Democrats still missing
from the state Capitol as he aimed to regain the quorum
needed for the chamber to begin moving legislation during the
second special session.
The move was confirmed by Phelan spokesperson Enrique
Marquez, who said the warrants ``will be delivered to the
House Sergeant-at-Arms tomorrow morning for service.''
The warrants were first reported by The Dallas Morning
News. Democrats who may be arrested would not face criminal
charges or fines and could only be brought to the House
chamber. Dozens of minority party members fled to Washington,
D.C., during the first special session to block a GOP voting
restrictions bill.
The 52 warrants represent all but 15 Democrats in the lower
chamber. There were at least 11 present Tuesday. There were
no additional new Democrats on the floor Tuesday after four
returned a day earlier--and drew the wrath of some Democratic
colleagues still in Washington, and prompted a renewed push
inside the party to hold the line.
Earlier Tuesday, the House voted overwhelmingly to
authorize law enforcement to track down lawmakers absent from
the chamber.
That 80-12 vote came hours after the Texas Supreme Court
ordered that those missing Democrats could soon be detained
by state authorities. The order by the all-GOP court came at
the request of Gov. Greg Abbott and Phelan, both of whom had
asked the court Monday to overturn a ruling from a state
district judge that blocked those leaders from ordering the
arrest of the quorum-breaking Democrats.
In a statement after the warrants were signed Tuesday
evening, state Rep. Chris Turner of Grand Prairie, who chairs
the House Democratic Caucus, said it is ``fully within our
rights as legislators to break quorum to protect our
constituents'' and reiterated Democrats' commitment ``to
fighting with everything we have against Republicans' attacks
on our freedom to vote.''
Since the Legislature gaveled in Saturday for its second
special session ordered by Abbott, the House has been unable
to make a quorum as dozens of Democrats have remained absent
from the chamber.
When the House was unable to meet its 100-member threshold
to conduct business Monday, members adopted a procedural move
known as a ``call of the House'' in an effort to secure a
quorum. That move locks doors to the chamber and prevents
members on the floor from leaving unless they have permission
in writing from the speaker.
That vote earlier Tuesday marks the second time in recent
weeks that the chamber has voted to send law enforcement
after Democrats still missing from the House.
During the first special session in July, and after more
than 50 House Democrats flew to D.C., members present
authorized state authorities to track down their colleagues--
but the move carried little weight since Texas law
enforcement lacks jurisdiction outside the state.
By the time that first 30-day stretch ended last week,
Phelan had signed only one civil arrest warrant, for Rep.
Philip Cortez, a San Antonio Democrat. But that move came too
late since Cortez, who had briefly returned to Austin, had
already gone back to the nation's capital.
Intraparty pressure has been mounting on House Democrats
since the second special session started. After at least four
of them returned to the floor Monday, bringing the chamber
within five members of a quorum, some of their Democratic
colleagues who were still in Washington unleashed on them.
Rep. Ana-Maria Ramos of Richardson tweeted at the returning
Democrats that they ``all threw us under the bus today.''
Pressure ramped up Tuesday morning, when a coalition of
Democratic-aligned groups released a statement urging House
Democrats to hold firm and continue breaking quorum. The 21
groups included Planned Parenthood Texas Votes, the state's
Sierra Club chapter, the Texas Organizing Project, Progress
Texas, the Communications Workers of America and several
groups that advocate for Latino Texans.
``To every pro-democracy Texas lawmaker: the only way to
preserve our right to vote and the best way to fight is to
stay off the House floor,'' the coalition's statement said.
The group also released a four-page memo arguing that far
more was at stake in the second special session than just the
elections bill, citing a ``host of radical conservative
priorities'' throughout the agenda. The memo was particularly
emphatic about a new proposal for the second special
session--dropping the quorum threshold to a simple majority--
calling it an ``ominous allusion to reducing or eliminating
minority rights in the Legislature, breaking centuries of
Texas bipartisanship.''
Meanwhile, a number of House Democrats have returned to
Texas but have not come to the House floor to help provide
quorum.
One of them is state Rep. Evelina ``Lina'' Ortega, who says
she is home in El Paso but not showing up on the House floor
until there is already a quorum or a majority of the
Democratic caucus decides to be there.
``I pretty much feel that it's a shame that the governor
and Republicans . . . are really using the dirtiest tactic
available to them,'' Ortega told the Tribune on Tuesday
evening after the House's vote to send law enforcement after
the absentee Democrats. ``To me it's all about a power grab.
I'm glad to stay away and continue to fight them.''
As for whether she is concerned about arrest, Ortega said
she believes it would be a ``big mistake'' by Republicans.
``We'll see what happens,'' she said.
This is John Lewis, and he says: ``We will stand up for what is right, for what is fair, and what is just,'' and we will ensure that we have courage, the kind of courage that is ``raw courage.''
Today, I ask my Republican colleagues to reject the big lie, to reject the insurrection, and to reject the idea that there is not voter suppression.
I stand with H.R. 4, a bill that is the continuation of the reauthorization that I have done over the years as a member of the Judiciary Committee. I thank Chairman Nadler, Chairman Cohen, Terri Sewell, all those who are part of this great effort, and our whip.
But the real important point is that we give the vote back to the American people, to the disabled, to young people, to senior citizens, and we reject that unfortunate statement. The State of Texas attorney general, the secretary of state, never found any fraud in the election, in particular in 2020.
I am very glad that this will particularly have the look-back. It will protect us against such dilution and diminution.
This is a bill that has to pass, and the Senate has to pass it. Give the vote back to the American people. Have raw courage.
Madam Speaker, as a senior member of the Judiciary Committee and an original cosponsor, I rise today in strong support of H.R. 4, the John Lewis Voting Rights Advancement Act, which corrects the damage done in recent years to the Voting Rights Act of 1965 and commits the national government to protecting the right of all Americans to vote free from discrimination and without injustices that previously prevented them from exercising this most fundamental right of citizenship.
I thank my colleague, Congresswoman Terri Sewell of Alabama for introducing this
legislation, to Speaker Pelosi, Chairman Nadler, and the Democratic leadership, and to the many colleagues and countless number of ordinary Americans who never stopped agitating and working to protect the precious right to vote.
Madam Speaker, in response to the Supreme Court's invitation in Shelby County v. Holder, 570 U.S. 193 (2013), H.R. 4 provides a new coverage formula based on ``current conditions'' and creates a new coverage formula that hinges on a finding of repeated voting rights violations in the preceding 25 years.
It is significant that this 25-year period is measured on a rolling basis to keep up with ``current conditions,'' so only states and political subdivisions that have a recent record of racial discrimination in voting are covered.
States and political subdivisions that qualify for preclearance will be covered for a period of 10 years, but if they have a clean record during that time period, they can be extracted from coverage.
H.R. 4 also establishes ``practice-based preclearance,'' which would focus administrative or judicial review narrowly on suspect practices that are most likely to be tainted by discriminatory intent or to have discriminatory effects, as demonstrated by a broad historical record.
Under the bill, this process of reviewing changes in voting is limited to a set of specific practices, including such things as:
1. Changes to the methods of elections (to or from at-large elections) in areas that are racially, ethnically, or linguistically diverse.
2. Redistricting in areas that are racially, ethnically, or linguistically diverse.
3. Reducing, consolidating, or relocating polling in areas that are racially, ethnically, or linguistically diverse; and
4. Changes in documentation or requirements to vote or to register.
Madam Speaker, while I am proud to strongly support this bill, I would be remiss if I did not express my disappointment at the decision to not include my amendments to this bill.
Jackson Lee Amendments #6, #7, and #8 are easy to understand and vitally important--they simply protect state legislators who, in keeping with their sacred oath to uphold the Constitution of the United States, refuse to perform unconstitutional acts under the guise of legislative process.
Specifically:
Jackson Lee Amendment #6 allows for federal judicial review of any warrants issued for the arrest of a state legislator where said state legislator refuses to engage in the state legislative process due to a reasonably held belief that doing so would infringe on the right to vote.
Jackson Lee Amendment #7 inserts a Sense of the Congress stating that a state's power to arrest a duly elected representative of a constituency for refusal to engage in a state's legislative process should be subject to federal judicial review where such elected representative's refusal is premised upon a reasonable belief that participation would result in the suppression of voting rights or other violations of the Constitution of the United States of America.
Jackson Lee Amendment #8 privileges against arrest any member of a state legislature for any reason except treason or murder while the legislature of that state is debating or voting on legislation relating to redistricting or election practices or legislation relating to the right to vote in federal, state, or municipal elections.
These amendments would have critically strengthened H.R. 4 because state legislatures across the country are utilizing every weapon in their arsenal to curtail voting rights; and no one should fear arrest due to fighting for the Constitutional rights of their constituents.
This includes my home state of Texas, where earlier this month officers of the Texas House of Representatives delivered civil arrest warrants, signed by the Texas state Speaker of the House, for more than 50 absent Democrats in an attempt force a vote on the naked attempt at voter suppression known as Texas S.B. 7.
This is the latest Republican attack on these brave state legislators, which began on May 30, where after a night of impassioned debate and procedural objections, these Democratic lawmakers in Texas took action to block passage of this massive overhaul of the state's election laws.
With little more than an hour before the voting deadline, these Democrats staged a walkout, depriving their Republican colleagues of the 100-member quorum needed to pass the measure.
And when Governor Abbot called a special session in Texas for the purpose of passing horrific voter suppression legislation, those brave Texas Democrats rose to the challenge again and broke quorum.
Under the threat of arrest, those heroes fighting for voting rights have escaped to Washington, D.C.
Since the arrest warrants were issued, it is my understanding that mass intimidation of the Texas House Democrats has occurred.
State officials came to their homes with the purpose of dragging them back to eviscerate the voting rights of thousands of Texas.
These elected Texas Representatives have had to hide away from their friends, their families, and their loved ones, all to ensure that Texans retain their most sacred of rights.
They are risking their freedom to ensure every Texan has full access to their constitutional right to vote.
Although the Republicans have tried to spin this in many different ways, let's be clear--Texas Democrats are taking a righteous stand for our democracy.
Breaking quorum isn't an easy choice--legislators must leave family, friends, constituents, and their important work for days or weeks.
But by making this choice, these Texas Democrats are fighting for all of us, because voting is not a partisan issue.
Access to the ballot is a sacred cornerstone of our democracy, and we must protect it at all costs.
Last month marked one year since we lost a champion for voting rights, and the namesake of H.R. 4, Congressman John Lewis.
In his final words, he reminded us that, ``the vote is the most powerful nonviolent change agent [we] have in a democratic society,'' and that ``Though I may not be here with you, I urge you to answer the highest calling of your heart and stand up for what you truly believe.''
We may no longer have John Lewis with us, but in his absence, the Texas Democrats are following his example, and stirring up good trouble, necessary trouble, for our right to vote.
They have followed the truth in his words and have sacrificed much to follow the highest calling of their hearts.
Texas Republicans seek to pass voting regulation laws focused on diverse, urban areas, by setting rules for the distribution of polling places in only the handful of counties with a population of at least 1 million--most of which are either under Democratic control or won by Democrats in recent national and statewide elections.
These bills would limit extended early voting hours, prohibits drive- thru voting and makes it illegal for local election officials to proactively send applications to vote by mail to voters, even if they qualify.
These bills are at the forefront of Texas Republicans' crusade to further restrict voting in Texas, which saw the highest turnout in decades in 2020, with Democrats continuing to drive up their vote counts in the state's urban centers and diversifying suburban communities.
Standing between all of this and the voting rights of thousands of Texans are those brave state legislators who currently have a warrant out for their arrest.
No elected representative in this great nation should fear that he or she will be locked away for simply standing up for justice and ensuring that America's citizens have the right to vote.
For this reason, I believe that H.R. 4 would have been greatly strengthened by the inclusion of my amendments in the Rule.
Madam Speaker, I strongly encourage all Members of Congress to support this bill, because it is the responsibility and sacred duty of all members of Congress who revere democracy to preserve, protect, and expand the precious right to vote of all Americans by passing H.R. 4, the John Lewis Voting Rights Advancement Act.
It is useful, Madam Speaker, to recount how we arrived at this day. Madam Speaker, fifty-six years ago, in Selma, Alabama, hundreds of heroic souls risked their lives for freedom and to secure the right to vote for all Americans by their participation in marches for voting rights on ``Bloody Sunday,'' ``Turnaround Tuesday,'' or the final, completed march from Selma to Montgomery.
Those ``foot soldiers'' of Selma, brave and determined men and women, boys and girls, persons of all races and creeds, loved their country so much that they were willing to risk their lives to make it better, to bring it even closer to its founding ideals.
The foot soldiers marched because they believed that all persons have dignity and the right to equal treatment under the law, and in the making of the laws, which is the fundamental essence of the right to vote.
On that day, Sunday, March 7, 1965, more than 600 civil rights demonstrators, including our beloved colleague, Congressman John Lewis of Georgia for whom this important legislation is named, were brutally attacked by state and local police at the Edmund Pettus Bridge as they marched from Selma to Montgomery in support of the right to vote.
``Bloody Sunday'' was a defining moment in American history because it crystallized for the nation the necessity of enacting a strong and effective federal law to protect the right to vote of every American.
No one who witnessed the violence and brutally suffered by the foot soldiers for justice who gathered at the Edmund Pettus Bridge will never forget it; the images are deeply seared in the American memory and experience.
On August 6, 1965, in the Rotunda of the Capitol President Johnson addressed the nation before signing the Voting Rights Act:
The vote is the most powerful instrument ever devised by
man for breaking down injustice and destroying the terrible
walls which imprison men because they are different from
other men.
The Voting Rights Act of 1965 was critical to preventing brazen voter discrimination violations that historically left millions of African Americans disenfranchised.
In 1940, for example, there were less than 30,000 African Americans registered to vote in Texas and only about 3 percent of African Americans living in the South were registered to vote.
Poll taxes, literacy tests, and threats of violence were the major causes of these racially discriminatory results.
After passage of the Voting Rights Act in 1965, which prohibited these discriminatory practices, registration and electoral participation steadily increased to the point that by 2012, more than 1.2 million African Americans living in Texas were registered to vote.
In 1964, the year before the Voting Rights Act became law, there were approximately 300 African-Americans in public office, including just three in Congress.
Few, if any, African Americans held elective office anywhere in the South.
Because of the Voting Rights Act, in 2007 there were more than 9,100 black elected officials, including 46 members of Congress, the largest number ever.
Madam Speaker, the Voting Rights Act opened the political process for many of the approximately 6,000 Hispanic public officials that have been elected and appointed nationwide, including more than 275 at the state or federal level, 32 of whom serve in Congress.
Native Americans, Asians and others who have historically encountered harsh barriers to full political participation also have benefited greatly.
The crown jewel of the Voting Rights Act of 1965 is Section 5, which requires that states and localities with a chronic record of discrimination in voting practices secure federal approval before making any changes to voting processes.
The preclearance requirement of Section 5 protects minority voting rights where voter discrimination has historically been the worst.
Between 1982 and 2006, Section 5 stopped more than 1,000 discriminatory voting changes in their tracks, including 107 discriminatory changes right here in Texas.
Passed in 1965 with the extraordinary leadership of President Lyndon Johnson, the greatest legislative genius of our lifetime, the Voting Rights Act of 1965 was bringing dramatic change in many states across the South.
But in 1972, change was not coming fast enough or in many places in Texas.
In fact, Texas, which had never elected a woman to Congress or an African American to the Texas State Senate, was not covered by Section 5 of the 1965 Voting Rights Act and the language minorities living in South Texas were not protected at all.
But thanks to the Voting Rights Act of 1965, Barbara Jordan was elected to Congress, giving meaning to the promise of the Voting Rights Act that all citizens would at long last have the right to cast a vote for person of their community, from their community, for their community.
Madam Speaker, it is a source of eternal pride to all of us in Houston that in pursuit of extending the full measure of citizenship to all Americans, in 1975 Congresswoman Barbara Jordan, who also represented this historic 18th Congressional District of Texas, introduced, and the Congress adopted, what are now Sections 4(f)(3) and 4(f)(4) of the Voting Rights Act, which extended the protections of Section 4(a) and Section 5 to language minorities.
We must remain ever vigilant and oppose all schemes that will abridge or dilute the precious right to vote.
Madam Speaker, I am here today to remind the nation that the need to pass this legislation is urgent because the right to vote--that ``powerful instrument that can break down the walls of injustice''-- faces grave threats.
The threats stem from the decision issued in June 2013 by the Supreme Court in Shelby County v. Holder, 570 U.S. 193 (2013), which invalidated Section 4(b) of the VRA, and paralyzed the application of the VRA's Section 5 preclearance requirements.
Not to be content with the monument to disgrace that is the Shelby County decision, the activist right-wing conservative majority on the Roberts Court, on July 1, 2021, issued its evil twin, the decision in