Texan senate breaks own rules in failed attempt to pass anti-abortion bill

"This is what democracy looks like".

There's confusion in Texas this morning, after a marathon filibuster speech aimed at preventing the passage of restrictive abortion laws was seemingly ignored by the state senate leadership. Democratic senator Wendy Davis spoke for 11 hours before being interrupted, but colleagues picked up the baton and continued the filibuster until midnight, when the legislative session should have ended. Instead, it appears that the Republican leadership of the legislature is attempting to use a mixture of twisted rules and misdirection to claim that the law passed anyway.

Senate Bill 5, the act in question, would completely ban abortions after 20 weeks of gestation in the state, with no exceptions even in cases of rape or incest, and it requires two in-person visits with a doctor before an abortion can be provided. Moreover, it imposes stringent requirements on the doctors and clinics offering the service. Physicians must have admitting privileges at a hospital no more than 30 miles from where the abortion is performed which provides OB/GYN services. In practice, that will shut a huge number of clinics, particularly in rural areas, and force doctors to jump through yet more hoops to provide abortions. Finally, the bill requires every abortion provider to be licensed as an ambulatory surgical centre, a hugely expensive and cumbersome requirement; Planned Parenthood estimates that that license alone could cost well over $1m to obtain, and render all but five clinics in the state unsustainable.

Against that background, the Democratic minority of the Texan senate used all the legislative tricks at the disposal. At the centre of the fightback was Senator Wendy Davis, a 50-year-old lawyer from Fort Worth, and her attempt to filibuster the law. Due to the procedure under which the legislation was being passed, any vote had to happen before midnight local time; Davis delayed that vote for 10 hours and 45 minutes, but eventually fell prey to the senate's "three-strike" rule, requiring her to only cover topics "germane" to the bill.

Her first warning was issued for a discussion of Planned Parenthood's budget. Her second warning wasn't for deviation, but for violation of the convention that filibusters be made unaided and unassisted – she had received help from a fellow senator to put on a back brace seven hours in. That point of order went to a vote, which split down party lines. Finally, at 10:07 local time, Donna Campbell, the Republican senator for San Antonio, called a third point of order when Davis began discussing the impact of a 2011 Texan law requiring sonograms before abortions. At that point, with three strikes, a simple majority vote was all that was needed to end the filibuster.

With less than two hours to go, Democrats began using other tactics to push the vote past the midnight deadline. Senator Kirk Watson filed an appeal against the Republican Lieutenant Governor's decision to sustain the third point of order; Senator Leticia Van de Putte asked for a run-down of the reasons for all three points of order; and eventually, decorum broke down entirely, with Senators from both parties openly speaking over each other. "At what point must a female senator raise her hand or her voice to be recognized over her male colleagues in the room?", asked Van de Putte in a moment of clear frustration.

In the end, it came down to the crowd. Cheering erupted with a quarter of an hour to go until the deadline, drowning out all other discussion. It intensified as the clock ticked down, and for a brief moment it looked like it had won the fight. Voting had started before midnight, but finished after; the last two questions were asked on 26 June, a fact clearly recorded on the legislature's website. Chants of "this is what democracy looks like" broke out.

But then it was the Republicans' turn to fight. Firstly the legislature's website went down. When it came back up, the timestamps had been altered to record all four votes as occurring on 25 June. Lt. Gov. Dewhurst told the AP that voting began just before midnight, leading the agency to report that the GOP had passed the bill, even as the assembled crowds were still celebrating their victory in preventing it.

As things stand, the Republican leadership of the legislature is acting as though the case is closed. The bill is being passed to Governor Rick Perry to be signed into law, and the assembled protestors outside the capitol are being forcibly dispersed. This is what democracy looks like, 2013 USA style.

That was fast. It took an hour of confusion, with both sides insisting their version of events were accurate, before the cold evidence seen by the 180,000 people watching the live-stream won out. Dewhurst reversed his posistion, and at 1:47am AP reported his declaration that the vote came too late to pass. The attempt to steal the vote nearly succeeded, and may well have done so if it weren't for the massive attention fostered on the bill by social media and campaign groups. Even while the protestors were being evicted, CNN was reporting on the calorie count of blueberry muffins. It's not as bad as it felt an hour ago; but damning nonetheless.

The Texas Capitol. Photograph: Flickr/tex1sam, CC-BY

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty Images/AFP
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Is Yvette Cooper surging?

The bookmakers and Westminster are in a flurry. Is Yvette Cooper going to win after all? I'm not convinced. 

Is Yvette Cooper surging? The bookmakers have cut her odds, making her the second favourite after Jeremy Corbyn, and Westminster – and Labour more generally – is abuzz with chatter that it will be her, not Corbyn, who becomes leader on September 12. Are they right? A couple of thoughts:

I wouldn’t trust the bookmakers’ odds as far as I could throw them

When Jeremy Corbyn first entered the race his odds were at 100 to 1. When he secured the endorsement of Unite, Britain’s trade union, his odds were tied with Liz Kendall, who nobody – not even her closest allies – now believes will win the Labour leadership. When I first tipped the Islington North MP for the top job, his odds were still at 3 to 1.

Remember bookmakers aren’t trying to predict the future, they’re trying to turn a profit. (As are experienced betters – when Cooper’s odds were long, it was good sense to chuck some money on there, just to secure a win-win scenario. I wouldn’t be surprised if Burnham’s odds improve a bit as some people hedge for a surprise win for the shadow health secretary, too.)

I still don’t think that there is a plausible path to victory for Yvette Cooper

There is a lively debate playing out – much of it in on The Staggers – about which one of Cooper or Burnham is best-placed to stop Corbyn. Team Cooper say that their data shows that their candidate is the one to stop Corbyn. Team Burnham, unsurprisingly, say the reverse. But Team Kendall, the mayoral campaigns, and the Corbyn team also believe that it is Burnham, not Cooper, who can stop Corbyn.

They think that the shadow health secretary is a “bad bank”: full of second preferences for Corbyn. One senior Blairite, who loathes Burnham with a passion, told me that “only Andy can stop Corbyn, it’s as simple as that”.

I haven’t seen a complete breakdown of every CLP nomination – but I have seen around 40, and they support that argument. Luke Akehurst, a cheerleader for Cooper, published figures that support the “bad bank” theory as well.   Both YouGov polls show a larger pool of Corbyn second preferences among Burnham’s votes than Cooper’s.

But it doesn’t matter, because Andy Burnham can’t make the final round anyway

The “bad bank” row, while souring relations between Burnhamettes and Cooperinos even further, is interesting but academic.  Either Jeremy Corbyn will win outright or he will face Cooper in the final round. If Liz Kendall is eliminated, her second preferences will go to Cooper by an overwhelming margin.

Yes, large numbers of Kendall-supporting MPs are throwing their weight behind Burnham. But Kendall’s supporters are overwhelmingly giving their second preferences to Cooper regardless. My estimate, from both looking at CLP nominations and speaking to party members, is that around 80 to 90 per cent of Kendall’s second preferences will go to Cooper. Burnham’s gaffes – his “when it’s time” remark about Labour having a woman leader, that he appears to have a clapometer instead of a moral compass – have discredited him in him the eyes of many. While Burnham has shrunk, Cooper has grown. And for others, who can’t distinguish between Burnham and Cooper, they’d prefer to have “a crap woman rather than another crap man” in the words of one.

This holds even for Kendall backers who believe that Burnham is a bad bank. A repeated refrain from her supporters is that they simply couldn’t bring themselves to give Burnham their 2nd preference over Cooper. One senior insider, who has been telling his friends that they have to opt for Burnham over Cooper, told me that “faced with my own paper, I can’t vote for that man”.

Interventions from past leaders fall on deaf ears

A lot has happened to change the Labour party in recent years, but one often neglected aspect is this: the Labour right has lost two elections on the bounce. Yes, Ed Miliband may have rejected most of New Labour’s legacy and approach, but he was still a protégé of Gordon Brown and included figures like Rachel Reeves, Ed Balls and Jim Murphy in his shadow cabinet.  Yvette Cooper and Andy Burnham were senior figures during both defeats. And the same MPs who are now warning that Corbyn will doom the Labour Party to defeat were, just months ago, saying that Miliband was destined for Downing Street and only five years ago were saying that Gordon Brown was going to stay there.

Labour members don’t trust the press

A sizeable number of Labour party activists believe that the media is against them and will always have it in for them. They are not listening to articles about Jeremy Corbyn’s past associations or reading analyses of why Labour lost. Those big, gamechanging moments in the last month? Didn’t change anything.

100,000 people didn’t join the Labour party on deadline day to vote against Jeremy Corbyn

On the last day of registration, so many people tried to register to vote in the Labour leadership election that they broke the website. They weren’t doing so on the off-chance that the day after, Yvette Cooper would deliver the speech of her life. Yes, some of those sign-ups were duplicates, and 3,000 of them have been “purged”.  That still leaves an overwhelmingly large number of sign-ups who are going to go for Corbyn.

It doesn’t look as if anyone is turning off Corbyn

Yes, Sky News’ self-selecting poll is not representative of anything other than enthusiasm. But, equally, if Yvette Cooper is really going to beat Jeremy Corbyn, surely, surely, she wouldn’t be in third place behind Liz Kendall according to Sky’s post-debate poll. Surely she wouldn’t have been the winner according to just 6.1 per cent of viewers against Corbyn’s 80.7 per cent. 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.