It’s just after 1 o’clock in the morning at press time, and we still do not know if SB5 passed or not. Yes, it was that close. Let me run through the timeline, and then I will discuss the current implications as well as the future ones.
At roughly 4:30, I posted my last update about the filibuster. At that time, Senator Wendy Davis (D-Forth Worth) was still going strong in her dilatory measure. This continued until 10:07PM, when Sen. Donna Campbell (R-New Braunfels) made a Point of Order against Davis for an alleged violation of the rules of filibuster following two sustained points (three strikes and you’re out). For what it is worth, the 1st point was for allegedly not being germane to SB5 when she discussed Planned Parenthood funding. The second strike was for allegedly receiving undue comfort when Senator Rodney Ellis (D-Houston) helped her to adjust a back brace. The third strike was for allegedly not being germane to SB5 when making a comparison to last session’s Sonogram Law. At 10:39PM, the Lieutenant Governor sustained the third point of order. This caused a massive eruption of booing from the gallery.
Shortly after this, Senator Kirk Watson (D-Austin) was able to gain control of the floor on an Appeal of the Chair’s ruling, which is debatable, and thus, filibusterable. After a series of lengthy parliamentary inquiries eat up time, Watson is given the floor at about 11PM. For what it is worth, the Senate rule on ending filibusters only applies if there are 3 violations pertaining to undue comfort OR 3 violations pertaining to non germane material, but not a mixture. Thus, Dewhurst completely ignored the rules.
Watson began his own mini-filibuster. Finally, at about 11:30, the presiding officer (Dewhurst had since left the floor), Senator Robert Duncan (R-Lubbock) allowed a motion on the previous question while Watson was still talking. For all intent and purposes, this was an egregious and open defiance of the Senate’s rules on filibusters.
Democrats continued to make dilatory motions until about 11:45, but it looked like passage would be achieved in the next few minutes. Then, a miracle happened. The thousands of people in the Capitol lost their tops. All hell broke loose. The noise drowned out the chamber for the next 15 minutes, until sine die.
However, in the last few seconds of the session, the Republicans made a desperate attempt to pass the legislation. Anyone watching the livestream could tell that this vote took place at 12:02 AM, after the end of the session. In fact, the TLO website said it took place on “June 26th” until it mysterious changed. No seriously, here’s the tweet from the Texas Tribune.
At press time, the Senate still hasn’t adjourned. Here are the facts: (1) there was a vote on SB5 and (2) it occurred after Midnight. However, seeing how many of the rules have been tossed out the window already, I see no reason to think it won’t again.
Obviously, SB23 and SJR2 (Youth Sentencing and Transportation) did not pass, so there is a very good chance that Rick Perry will call the Legislators back into a Second Special Session. As I have suggested before, if SB5 is deemed to have not passed, and if Abortion is once again added to the call, the Democrats shouldn’t even bother showing up to this one.
Also, and I need to say this a few times, but way to go Senator Davis! The eyes of the world were truly upon her tonight and she did fantastic. Also, a little shout out to Kirk Watson. Sen. Watson really helped to save the day at the end, and we all know that he isn’t good under pressure.
I’ll have more on the implications tomorrow morning. Until then, good night and good luck.
UPDATE: And this is 2AM, y’all. Dos Centavos is reporting, via twitter, that SB5 is dead. That it did not pass in time.