The Texas Supreme Court said in 2021 the Constitution allows members to thwart legislation by leaving the state. Abbott wants them to reconsider.

The redistricting battle in Texas continues to escalate as Republican Gov. Greg Abbott urged the state Supreme Court to remove state Rep. Gene Wu, the chairman of the Texas House Democratic caucus.Abbott argued that Wu has "forfeited" his office by fleeing the state along with other Democratic lawmakers to prevent the quorum necessary for Texas House to vote on enacting the new GOP-proposed congressional map -- with Republican control of the U.

The lawsuit filed with the Texas Supreme Court argues that Rep. Gene Wu violated the state Constitution and that his absence amounted to an abandonment of office.