AUSTIN (KXAN) — Legal scholars called Gov. Greg Abbott's petition to the Texas Supreme Court, which seeks to remove Rep. Gene Wu, "unprecedented and said it lacks a legal basis." One of the experts said he's doubtful it will succeed, but could envision the court siding with the Governor.

Quorum breaking has a long history in Texas; however, Gov. Greg Abbott's Tuesday petition to the state's Supreme Court is unprecedented and lacks evidence, legal experts tell KXAN.

Abbott's counsel filed a "petition for writ of quo warranto" on Tuesday, which is a request for the Texas Supreme Court (SCOTX) to remove a public officer of the state from their position. Specifically, the petition accuses State Rep. Gene Wu, D-Houston, of allegedly taking or soliciting a bribe to break quorum, and that Wu abandoned his office by leaving the state for an "indefinite period."

Other Democrats who broke quorum were not named in the petition. However, it may serve as a pilot for future petitions.

Quinn Yeargain, a Michigan State University law professor specializing in states' constitutional law, said the petition lacks sufficient evidence and asks SCOTX to take the governor's argument as "common sense."

"Abbott's basic argument is that by purposely leaving the state to prevent the House from having a quorum and being able to conduct business, Rep. Wu ... abandoned his office, and therefore it is vacant, and he should be entitled to call a special election to fill the vacancy," Yeargain said.

Seth Barrett Tillman, a U.S. Constitutional law professor, also talked with KXAN about the filing. President Donald Trump's legal team cited Tillman's work in their........

© The Hill