Legal experts say it’s “inconsistent with the Texas Constitution” to argue that leaving the state to halt legislative action qualifies as abandoning an office.

Gov. Greg Abbott asked the Texas Supreme Court on Tuesday to remove House Democratic Caucus chair Rep. Gene Wu of Houston. The lawsuit filed by the governor’s office comes hours after Attorney General Ken Paxton made a similar threat Tuesday afternoon.

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.