13 Hour Filibuster Kills Abortion Bill

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(Photo Credit: Texas Senate via CNN)

By Ed Payne, CNN

(CNN) — The Texas legislature’s special session ended in chaos and confusion early Wednesday, with Republicans unable to pass before a midnight deadline a bill that would have greatly restricted abortions in the state.

Lt. Governor David Dewhurst stepped to the Senate floor around 3 a.m. to declare the bill dead and the special session over.

And thus ended a night of intense drama that both sides of the abortion debate followed breathlessly, in large part to cheer — or jeer — the efforts of a lone lawmaker who talked for 10 straight hours to run out the clock.

Texas state Sen. Wendy Davis tried Tuesday to block the abortion bill by attempting a 13-hour filibuster, but fell short three hours early when the chairman ruled she had gone off topic.

The packed gallery of the session erupted in boos. And for 15 minutes — as the clocked ticked toward 12 a.m. — their raucous chants and shouts drowned out the proceedings.

Midnight came and went. For three hours after that, confusion ruled.

Had the legislation been voted on? Did it pass? Did it pass before midnight? No one was certain.

Senators conversed with each other, and later huddled behind closed doors.

“This is an unprecedented situation,” Jeremy Warren, spokesman for Democratic state Sen. Rodney Ellis, “I have been here 18 years and have never seen anything like this. We are still officially still in session because we never adjourned.”

The website of the Texas legislature showed a vote had taken place, but didn’t offer details.

Finally around 3:05 a.m., Lt. Gov. Dewhurst made the announcement. The session ended. The bill is dead — for now.

Gov. Rick Perry may ask for another session.

What’s at stake

The bill would have banned most abortions after 20 weeks of pregnancy and tighten standards on abortion clinics and the doctors who work at them. Critics say it would have shut most of the abortion clinics in Texas.

The bill passed the state House of Representatives, and Perry, a former Republican presidential candidate, said he’d sign it.

“In Texas, we value all life, and we’ve worked to cultivate a culture that supports the birth of every child,” Perry said. “We have an obligation to protect unborn children, and to hold those who peddle these abortions to standards that would minimize the death, disease and pain they cause.”

While Republicans hold a majority in the Senate, they didn’t have the votes to thwart a filibuster without a violation of Senate rules.

The filibuster begins

Davis, 50, took to the floor of the chamber late Tuesday morning to criticize the bill. Rules called for her to stand, unaided, until midnight, for the filibuster to succeed.

At the outset, Davis said she was speaking for families whose “personal relationships with their doctor and their creator” would be violated by the bill.

“These voices have been silenced by a governor who made blind partisanship and personal political ambition the official business of our great state,” she said. “And sadly, he’s being abetted by legislative leaders who either share this blind partisanship or simply do not have the strength to oppose it.”

Davis had a snack and a small amount of water before beginning, her office said. She was not allowed to lean or take a bathroom break.

Davis was allowed three warnings before the Senate was to be allowed to vote on whether she must stop her filibuster.

The senator, with pink sneakers on, spent much of the time reading testimony and messages from women decrying the bill and recounting stories of the struggles they, their friends or relatives faced in the days before birth control and abortion were legalized.

“Women realize that these bills will not protect their heath,” she said. “They will only reduce their access to abortion providers and limit their ability to make their own family-planning decisions.”

Her comments were ruled off topic early in the debate, for the first warning.

Later in the evening, a fellow senator helped Davis put on a back brace, which angered some lawmakers who said it violated filibuster rules. That view was upheld in a vote, and she was given a second warning.

About 10 p.m., Davis talked about the abortion pill, RU-486, and the chairman ruled that her comments again were off topic.

But a member of the Senate then moved that the ruling be appealed, and the status of the ruling was in doubt.

The final hours of the session contained a confusing myriad of parliamentary maneuvers, with the gallery erupting into applause and chants of “Wendy, Wendy, Wendy …” during the last 15 minutes before midnight.

The last stand

Davis’ stand captivated abortion rights advocates from coast to coast, prompting the hashtag #standwithwendy on Twitter.

The White House took notice.

“Something special is happening in Austin tonight,” said a post on Barack Obama’s official Twitter account. The account is run by Organizing for Action, a non-profit group established to support the president’s legislative agenda.

A post by Aimee Parker of Los Angeles said: “I’m in absolute awe of you, @WendyDavisTexas. Thank you for your passion, perseverance and unparalleled badassery.”

English comedian Ricky Gervais weighed in as well.

“Whatever the outcome, @WendyDavisTexas efforts entered her into the pantheon of American heroes tonight.”

Heady times for Davis, who was first elected to the Texas Senate in 2008, defeating a longtime Republican incumbent to do so.

Last year, she staged a filibuster to force a special session in an attempt to stop $5 billion in cuts to Texas public schools, according to her website.

Davis, who became a single mother at age 19, went on to graduate with honors from Harvard Law School, it says.

–CNN’s Matt Smith, Joe Sutton and Dave Alsup contributed to this report.

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