Texas Democrat Files Habeas Corpus Claim After Overnight Capitol Stay

In a dramatic turn of events, Texas Representative Nicole Collier took legal action on Tuesday by filing a habeas corpus petition. She alleges that House Speaker Dustin Burrows unlawfully confined her within the state Capitol, following an order that required her to stay inside overnight amid a contentious partisan clash regarding redistricting.

Collier, a Democrat from Fort Worth, reported that she faced the threat of arrest should she try to exit the building on Monday without being accompanied by a Department of Public Safety escort. Burrows, a Republican from Lubbock, informed the Democrats who had previously left the quorum that they could only leave the Capitol if they were handed over to DPS custody, with officers guaranteeing their return for the session on Wednesday.

In her submission, Collier contended that the Legislature does not possess the power to mandate her presence when she was already in attendance. “Her presence is not lacking, and therefore, her appearance is neither required nor can it be enforced,” the complaint asserts.

Collier shared her protest on social media, capturing a moment of herself dozing in her Capitol chair early Tuesday, with the book African Founders: How Enslaved People Expanded American Ideals prominently displayed on her desk. Overnight, Rep. Gene Wu, chair of the House Democratic Caucus, joined her.

“My constituents have chosen a champion for Austin, and that’s exactly the path I will take.” "I will stand my ground and resist in the best way possible," Collier stated in an Instagram video. As the afternoon unfolded, a crowd of demonstrators assembled outside the chamber, united in their cause.

The overnight standoff highlights the ongoing tensions in a two-week struggle surrounding mid-decade redistricting. This significant maneuver has the potential to generate as many as five extra congressional seats that would benefit Republicans. At the beginning of this month, Democrats staged a walkout, effectively denying a quorum and momentarily halting the progress of the measure.

As of Tuesday afternoon, Burrows and GOP leaders remained silent on the matter of Collier’s confinement. Attorney General Ken Paxton took to a conservative radio program to share his thoughts on Trump and the redistricting effort, yet he notably refrained from addressing Collier’s filing.

Collier, a seasoned attorney and six-term legislator, has made significant strides in the Texas House, challenging the status quo. In a historic milestone, she became the first woman to represent District 95, and in 2019, she made waves by being the first woman to chair the House Committee on Criminal Jurisprudence.