Pro-choice protestors outside the University of Texas. (File Photo) Photograph: Getty Images
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What the hell actually happened in Texas last night?

Chaos and confusion in the Capitol.

If you don't know what's happening in Austin right now, then chances are you haven't opened Twitter in the last few hours. The internet practically exploded last night, as protesters in the public gallery of the Texas State Senate unleashed a pandemonium of screaming in support of the heroic Wendy Davis, a state senator who was on her feet speaking for ten hours. Davis had been working to filibuster a particularly horrific anti-abortion bill which would limit access to abortion-causing pills and reduce the number of clinics in the state effectively to just five.

After a chaotic few hours of waiting, it now looks certain that the bill, known as SB5, has indeed been killed – and by a matter of moments. The official record of the vote is that it took place at 12:03 – three minutes past the time when the special session closed. Under Texas law, that means it didn't pass.

If this sounds like a bit of a procedural drama, it was. But it was an extremely dramatic one, especially for the last fifteen minutes, and if there's anything the internet loves, it's a good melodrama – just look at the tweets-per-minute data of the event.

Republicans in the chamber at first claimed victory, and the Associated Press reported that the vote had passed. But the internet raised a hue and cry: when the result was first posted, the date-stamp was today's; it was quickly changed, but not fast enough that the internet missed it. The two screencaps are here.

The senators were recalled to the chamber for an emergency caucus, and the screen-caps above were shown in the  chamber. Moments ago, after an agonisingly long discussion, the Lt. Governor of Texas, David Dewhurst, announced that the vote had been out of time and invalid – the filibuster was successful. Few people have seen politics this electrifying in living memory. More than 170 thousand people were watching the live-stream of the chamber by midnight, despite the fact that it was the middle of the night on the east coast.

This is the moment when, with fifteen minutes to go before midnight, Davis' colleague, senator Leticia Van De Putte, struggling to be heard, asked what a female senator had to do to be heard over her male colleagues; causing the cheering to begin from the public gallery. The cheering continued, drowning out the attempts of the chamber to vote, until after midnight.

A filibuster is famous for being at the heart of some of the most exciting moments of US political history. It is when a politician attempts to run out the clock on a debate, by speaking for a prolonged amount of time in order to prevent a vote on a particular topic. In Washington today, however, moments these are rare. Just the threat of a filibuster – like that of a Presidential veto – is usually enough to upset the course of a bill these days, though earlier this year libertarian Senator Rand Paul filibustered for thirteen hours to protest about the President's drone policies.

So what happens next? Once the confusion calms down – this was the scene inside the Senate chamber just a few moments before the emergency session announced that the bill had not passed – Republicans may try to mount a legal challenge. Some supporters of SB5 are already saying that they will try to re-introduce the bill at the next special senate. The democratic body of Texas was overruled last night not by debate or campaigning, or even, in the end, by the heroic Senator Davis, but by a grass-roots of people in the public gallery. It was not politics by the books; it was politics at its most raw, and the Republicans will respond.

The exciting part is probably over. But it has been an unforgettable night.

Nicky Woolf is a writer for the Guardian based in the US. He tweets @NickyWoolf.

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BHS is Theresa May’s big chance to reform capitalism – she’d better take it

Almost everyone is disgusted by the tale of BHS. 

Back in 2013, Theresa May gave a speech that might yet prove significant. In it, she declared: “Believing in free markets doesn’t mean we believe that anything goes.”

Capitalism wasn’t perfect, she continued: 

“Where it’s manifestly failing, where it’s losing public support, where it’s not helping to provide opportunity for all, we have to reform it.”

Three years on and just days into her premiership, May has the chance to be a reformist, thanks to one hell of an example of failing capitalism – BHS. 

The report from the Work and Pensions select committee was damning. Philip Green, the business tycoon, bought BHS and took more out than he put in. In a difficult environment, and without new investment, it began to bleed money. Green’s prize became a liability, and by 2014 he was desperate to get rid of it. He found a willing buyer, Paul Sutton, but the buyer had previously been convicted of fraud. So he sold it to Sutton’s former driver instead, for a quid. Yes, you read that right. He sold it to a crook’s driver for a quid.

This might all sound like a ludicrous but entertaining deal, if it wasn’t for the thousands of hapless BHS workers involved. One year later, the business collapsed, along with their job prospects. Not only that, but Green’s lack of attention to the pension fund meant their dreams of a comfortable retirement were now in jeopardy. 

The report called BHS “the unacceptable face of capitalism”. It concluded: 

"The truth is that a large proportion of those who have got rich or richer off the back of BHS are to blame. Sir Philip Green, Dominic Chappell and their respective directors, advisers and hangers-on are all culpable. 

“The tragedy is that those who have lost out are the ordinary employees and pensioners.”

May appears to agree. Her spokeswoman told journalists the PM would “look carefully” at policies to tackle “corporate irresponsibility”. 

She should take the opportunity.

Attempts to reshape capitalism are almost always blunted in practice. Corporations can make threats of their own. Think of Google’s sweetheart tax deals, banks’ excessive pay. Each time politicians tried to clamp down, there were threats of moving overseas. If the economy weakens in response to Brexit, the power to call the shots should tip more towards these companies. 

But this time, there will be few defenders of the BHS approach.

Firstly, the report's revelations about corporate governance damage many well-known brands, which are tarnished by association. Financial services firms will be just as keen as the public to avoid another BHS. Simon Walker, director general of the Institute of Directors, said that the circumstances of the collapse of BHS were “a blight on the reputation of British business”.

Secondly, the pensions issue will not go away. Neglected by Green until it was too late, the £571m hole in the BHS pension finances is extreme. But Tom McPhail from pensions firm Hargreaves Lansdown has warned there are thousands of other defined benefit schemes struggling with deficits. In the light of BHS, May has an opportunity to take an otherwise dusty issue – protections for workplace pensions - and place it top of the agenda. 

Thirdly, the BHS scandal is wreathed in the kind of opaque company structures loathed by voters on the left and right alike. The report found the Green family used private, offshore companies to direct the flow of money away from BHS, which made it in turn hard to investigate. The report stated: “These arrangements were designed to reduce tax bills. They have also had the effect of reducing levels of corporate transparency.”

BHS may have failed as a company, but its demise has succeeded in uniting the left and right. Trade unionists want more protection for workers; City boys are worried about their reputation; patriots mourn the death of a proud British company. May has a mandate to clean up capitalism - she should seize it.