Greg Abbot has vetoed funding for the Texas State Legislature members and their support staff after Democratic members of the State Legislature engaged in a “walkout” to prevent passage of Texas Senate Bill 7, a Republican voter suppression initiative meant to keep Abbott from being voted out of office in the 2022 elections.

Abbott claimed that he vetoed the bill because the legislature “failed to do their job” by walking out, but he has no chance of prevailing in court, as Abbott’s claim that Democratic State Senators “failed to do their job” is apparently predicated on a belief that the job of the Texas legislature is to pass whatever bill Abbott desires. When Democrats walked out of the Senate, depriving the body of a “quorum” and preventing passage of the measure, they were representing the will of voters in their districts.

Abbott’s attempt at retribution by denying funding for the state legislature could potentially be characterized as a violation of 18 U.S. Code § 595 – Interference by administrative employees of Federal, State, or Territorial Governments. In order to bring a case under that statute, prosecutors would need to engage in a careful reading of Texas Senate Bill 7 and carefully document all provisions that appear to violate the Voting Rights Act, then they would have to present a convincing argument showing that Abbott’s actions clearly represent an attempt to hold on to political power by altering provisions in Texas election law. Prosecutors could further that case by seeking to subpeona aides to the Governor who were involved in discussing the matter with Texas Republican lawmakers, and subpeona requests would be supported by Federal Court precedents declaring that inter-branch communications are not protected by the Speech & Debate clause. Prosecutors should also cite Supreme Court ruling in Scheuer v. Rhodes to forward an argument that because Abbott was attempting to use his authority to impact elections at the State and Federal level, that Executive immunity does not apply given these circumstances, and therefore communications relating to the drafting and passage of Texas SB7 are absolutely subject to Federal subpeonas.

Any rational person can see that Republicans yammering about “election integrity” is really just another one of their modern euphemisms for “white Supremacy now!”  Texas Senate bill 7 contains numerous provisions that are clearly aimed at reducing minority voter turnout all across Texas. Abbott’s little stunt of blocking funding for the state legislature should be met with legal challenges, and ultimately Federal Criminal charges.