Awful. Tonight, after a variety of speeches, good and bad, by nearly all of the members of the Senate, the body approved HB2, the omnibus anti-abortion bill, 19-11. The bill is identical to the House version, and, as such, is now sent to Governor Perry’s desk for his signature.
One of the biggest highlights of the evening was that the DPS informed female gallery guests that tampons, among other items, would be confiscated upon entrance. I also saw unconfirmed tweets that DPS troopers were told to instigate the orange shirted individuals, whilst backing off from those wearing blue. But that’s just a rumor.
The speeches were what one expected. Wendy Davis delivered what would probably be the most repeated line of the evening, stating “Some may believe that that this fight has been waged and won with this final vote today, but they are wrong in so many ways. The fight for the future of Texas is just beginning.” This is what I’ve been saying, Remember the Alamo!
In addition to Davis, Sen. John Whitmire delivered quite an emotionally stirring speech that deserves positive recognition. Jose Rodriguez, Kirk Watson and Royce West also had great things to say. But at a certain point, we had to assent to the inevitable. Around midnight, after religious antics that had no place in a Government proceeding , Dewhurst called the roll and the Senate approved the measure. Sen. Tommy Williams (R-Montgomery County) was absent while Sen. Eddie Lucio (D-Cameron County) voted affirmatively. I will give credit where credit is due to Sen. Lucio, however. The Senate considered 20 amendments by Democrats that did everything from provide rape exceptions to inserting equal pay wording into the statute. Lucio joined with the other Democrats on all of these amendments.
It will probably be about 10 days before Governor Perry signs this legislation. At that point, it would be November 1st before the law would take effect. The ambulatory surgical center requirement would not take hold until some point in 2014.
This all presents the unfortunate question of, “Where do we go from here?” Simply put, there are three places to go from here.
1. The Courthouse
The day that this bill is signed by the Governor, expect there to be a lawsuit filed in the United States District Court. Given that the plaintiffs will most likely seek a temporary restraining order, it will be filed in the Western District, based in San Antonio, because that court has jurisdiction over Austin.
If you are confused about what I just said, here is the basic gist of it. Constitutional court cases must arise out of a current controversy, meaning someone must have an active injury or complaint in the case. For example, an abortion provider who had no choice but to close after the regulations went into effect. Such a lawsuit could arise out of any of the four Federal Districts in Texas (the Northern, based in Dallas, the Western, based in San Antonio, the Southern, based in Houston, and the Eastern, based in Tyler). However, if the lawsuit seeks a temporary restraining order, and later a preliminary injunction, to enjoin enforcement of the legislation before it takes effect, it will be much more academic. Thus, centered around Austin.
As I have discussed at length previously, this bill, once becoming law, should go down in flames in Federal Court. If it doesn’t, the Supreme Court must take an action tantamount to overturning Roe.
2. The Ballot Box
Since the first filibuster, I have seen a lot of my contemporaries, who couldn’t have cared less about politics just a few weeks ago, become involved and outspoken on the process. If this motivation and anger will translate to mobilized and dedicated voters on this issue, it will be a wonder for the Democratic Party. That is still an open-ended question at this point, however.
2014 will see all Statewide positions, roughly half of the State Senate and all 150 State Representatives seek re-election. If the Democrats do their jobs (a big if), we could have a meaningful impact.
3. Activist Lane
Remember, don’t get mad, get even. Or at least get involved. This whole controversy has propelled Wendy Davis into the national spotlight. As I have been arguing somewhat perpetually now since the filibuster, she truly needs to run for Governor, regardless of her feasibility as a winning candidate. Be the Democrats’ Barry Goldwater.
Find people riled up by this, and register them to vote. Get people involved with the local Democratic Party. And, my gosh, find some candidates for Statewide office next year. Wendy Davis is obvious, but there are so many others. Rodney Ellis, Jose Rodriguez, Leticia Van de Putte and Judith Zaffrini are among the talented Democratic Senators who are not up for re-election next year. Cecile Richards is a great possible candidate as well.
There was a huge rally at the end of the evening tonight, where Cecile Richards and Jessica Farrar led thousands of protesters from the Capitol down Congress Street. Stuff like that needs to continue happening.
So, I guess Wendy Davis really was prophetic when she said this is only the beginning, and not the end. Don’t pout, don’t cry, don’t complain. What we need to do right now is to get to work. I will part with a line from an old Bob Dylan song that I find quite fitting for this evening.
“The loser now will be later to win, oh the times they are a-changin'”
Good night and good luck.