So by now the whole world knows about Wendy Davis’ 11-hour (though I still give her credit for the almost full 13 hours as she stood by her post through two hours of debate) filibuster to kill Senate Bill 5 (SB5) aimed at tightening abortion laws.
This was a historic day in the Texas Senate and that is not necessarily a good thing. I have heard form many sources, including Senators that have been representing some of you for a long time, maybe too long, that have seen many filibusters come and go that the behavior and disrespect for each other was nothing less than horrific. for the best commentary on that, role back Senator John Whitmire’s passionate plea for respect and decorum on the floor. Whether you agree or disagree with the premise behind SB5, whether you agree or disagree with Wendy Davis’ decision to filibuster and whether you agree or disagree with the rules of the Senate allowing such a filibuster to stop the people’s business, the fact is that it is a rule and most Senators of the past have respected that rule even when they despised the premise or purpose. There is a reason almost every vote in the Senate ends 31 – 0. They air their laundry behind closed doors, come to a consensus and respect the politics that landed them all there in the first place.
And if that were not bad enough, the jeers from the gallery and total disrespect of the chamber in which they sat the final eleven minutes just cost you all roughly $330,000 per day to continue this debate. Has the role call been completed on time, SB5 would have passed and it is likely a second Special Session would not have been called. Trust me. SB5 in a new iteration will pass. Period. All we did we put on a very expensive show that at the end of the day left us with four big winners and one big loser – who is also our fourth winner.
Setting aside the deplorable decorum of the night, there was a very interesting dynamic that ended up playing out although the fate of it’s course was set several hours and days prior to that fateful day. Here is what happened, why it happened and how it had to play out the way it did:
- The House failed to get SB5 back to the Senate early enough to avoid a likely filibuster sans the return of Judge Bill Meier
- This left the Senate 13 hours to pass three bills: SB5, a bill relating to transportation funding and a bill relating to the prosecution of 17=year old offenders
- At approximately 11:14am, Lt. Governor David Dewhurst called the session to order and decide to take up SB5 first. In a Special Session, this is a privilege of the presiding officer
- At approximately 11:18am, Wendy Davis began her filibuster
- Sometime around 10:00pm (and three martinis for this writer later), a third point of order was called on Senator Davis setting off two hours of Parliamentary Points of Order and Inquiries that I can only describe as a Robert’s Rules of Order bracket opening and closing worthy of the best Microsoft Excel equation – except that in Excel, at least a computer is keeping track of what came before what before what and after what.
- Then, with maybe 11 minutes remaining before the drama would be timed out, it was finally ruled that the filibuster was officially over and the vote on SB5 could be taken on the floor
- A role vote was called for but never finished in time due to the disruption of the idiots in the gallery
So at the end of the day, all three bills were left for dead leaving many to question why the Lt. Governor decided to take up SB5 before the remaining two bills. Was it to kill the other two bills intentionally? Was it to make Ms. Davis suffer as long as possible? Or was it really not a choice he had any longer? I will argue the third.
You see, because the House did not get SB5 back to the Senate before the last day, and a filibuster-able (like that?) amount of time, the chess pieces were already lined up for the checkmate. And that leads us to the winners and losers of this very expensive match.
Winner #1: The Austin Club. Easily.
Winner #2: Senator Wendy Davis. Ms. Davis’s filibuster gained her such notoriety that she is getting more national face time than a Kardashian’s iPhone. She is poised for a $35 million swelling of her war-chest that can then use to run for the office of her choice. She may not wine, but she is the most legitimate Democrat in Texas right now.
Winner 3: Lt Governor Dewhurst. Mr. Dewhurst saw the chess pieces on the Board and made the only move he could, SB5. By calling SB5 before the other two bills, he forced everyone’s hand resulting in the only result that could have resulted, An eventual checkmate that will end with him getting his much needed abortion bill passed while also giving his boss, Governor Perry, the victory on the remaining two bills, plus any other bill he may want to add a later date (read Special Session #2). When the day began, the Lt Governor seemingly had two choices: Call SB5 first, or call SB5 last. He actually did not choose, he moved his chess piece and waited. You see, by calling SB5 first, only two outcomes could have resulted: Senator Davis succeed in her filibuster killing al three bills or Senator Davis fails in her filibuster passing all three bills. Had Dewhurst called SB5 last, after passing the first two bills, he was a grave risk of Senator Davis succeeding in killing SB5 leaving that the sole loser of the day. Perry may be crazy, but even he is not stupid enough to call a second Special Session just to save face for his second-hand man and thus committing his own political suicide. So, the choice was not a choice; the only way to make damn sure his abortion law passes is to make are all three bills pass. With all three bills going down, Governor Perry has the reason needed to call a second Special Session thus reviving Dewhurst’s abortion bill.
Winner #4 and Loser #1: Governor Rick Perry. The Govenor is one politically savvy dude, enough so that he is soon to gain tenure and become Governor Emeritus. Once the chips we all on the table, he simply allowed Dewhurst to make his move assuring that all four of the bills he put on the call would pass. He already accomplished in getting SB2, the bill relating to redistricting and the original reason for the Special Session, successfully through both houses and sent to his desk to sign in to law. The remainder of the bills were simply gravy so tasty that he could not let them go down so he now has the will to call a second very costly special session. And you know what they say about there not being any such thing as bad press so lang as they spell your name right? “Perry” has been spelled correctly a lot lately and it will continue to be so as the rest of the world watches, fascinated, with the politics he puppeteers of this great State.
However, this win will also come with a burden to bear and that is his complete and utter loss of love and support from his once adoring “XX” chromosomal voter and fans. Remember “Good Hair Perry” in his good looks, great smile, sharp suits, shiny cowboy boots and perfect quaff wooing the women of Texas and beyond not unlike a certain Mr. Clinton? Gone. Done. Toast. In Governor Perry’s bid for the last Presidential election, his female following cratered quickly and that was just the beginning. As the SCOTUS makes decision after decision in this historic week giving more rights to those viewed unequal, Governor Perry continues to impose his will on his once strongest support base, the Women of Texas and the United States. They despise him at such a level that not only will they never vote for him again, neither will any husband, boyfriend. father or son who has to face the wrath of a woman Perry scorned.
Let’s hope many lessons were learned in this National spotlight on our politics as one Senator took advantage of possibly our strangest legislative rule resulting in four winners and one loser. Actually, after watching the tape again, maybe the real loser were the people of Texas who once had faith in the last bastion of political respect.
I’d e happy to discuss this over lunch and a drink at The Austin Club.
Marshall
tmarshalljones 