Buster and bluster

It was a historic moment on the floor of the Texas Senate this week as Sen. Wendy Davis filibustered (prolonged speechmaking for the purpose of delaying legislative action) to stop SB 5 which would have radically altered access to abortion.  The proposal would have banned most abortions after 20 weeks of pregnancy and required abortion facilities to meet the standards of an ambulatory surgical center.  Having passed in the Texas House earlier in the week, it looked almost certain that 37 of the state’s 42 facilities providing abortions, including many operated by Planned Parenthood would be closing.

That is until Senator Davis tried talking the bill to death and a broad coalition of grass-roots groups (organizations which rely on activist citizen participation) eventually yelled the bill to death.   A number of liberal organizations came together Tuesday night to create such a racket in the Texas Senate chamber that the bill could not be properly voted on.

Senator Davis had been successful in her filibuster until Republicans successfully employed parliamentary maneuvers to end it. At that point, groups supporting pro-choice advocates including local Occupy movement groups, the International Socialist Organization, and GetEqual Texas, a gay rights group had members at the protest began chanting so loudly that business could not be conducted on the Senate floor. Finally at 12:03 a.m. (the special session ended at midnight), the vote was finally taken, but it was too late.

There was a bit of confusion when it was reported that the legislation had actually passed in time to meet the deadline, but Republicans had to recant later when it was discovered that the date time stamp had been changed.  After a meeting that lasted until 3 am, the bill was officially declared dead on arrival.

Another law that was killed this week was section 4 of the Voting Rights Act (1965) which mandates preclearance for all states which are required to comply because they have a past history of discrimination. As a result of the U.S. Supreme Court’s decision this week in two Texas cases, one involving voter identification laws, and the other involving a 3 three judge federal court which had invalidated a Texas redistricting map, the High Court held that states need no longer be automatically subject to the preclearance process.

That means that the two lower federal court decisions in those cases must now be reconsidered in light of the Supreme Court’s rulings to determine whether their initial decision should stand, or be busted.

 

 

 

 

Shutting the door

The Fifth Circuit Court of Appeals slammed Planned Parenthood of Texas this week when it denied an appeal by the nation’s largest abortion provider.  In 2011, the Texas legislature prohibited organizations which provide abortion access from being funded by the state, and the Governor enforced that law by mandating that the Women’s Health Program (Texas’ largest public health program) reject funding for Planned Parenthood because it gives women abortion information.  A federal district court had given an injunction (a cease-and-desist order granted by courts which prevents a party from doing something) to Planned Parenthood to prevent Texas from pulling the money. A Fifth Circuit three-judge panel lifted the injunction in August, but the latest appeal was for an en banc rehearing (an appeal to have the full panel re-hear the case because one party argues that the three-judge panel made “exceptional mistakes”).  The denial of a rehearing means that the case is final pending a U.S. Supreme Court appeal.

The states administer Medicaid (the federal health care insurance program for low-income persons), and Texas is one of several conservative states pushing to end taxpayer support for Planned Parenthood. While federal dollars can’t cover abortions, pro-life supporters argue that if Planned Parenthood isn’t given federal monies for cancer screenings and birth control, then that frees up Planned Parenthood’s funds to provide abortion counseling.   Planned Parenthood has 77 independent local affiliates operating about 800 health centers in the U.S., and in Texas, Planned Parenthood is the Women’s Health Program’s largest provider—servicing 40%-50% of patients annually.  About 3% of all its health services are abortion-related. In Texas, neither the agency nor its affiliates perform the procedure.  What conservative groups are hoping is that cutting off funds will stop abortion counseling.

The state’s decision to close the door on federal funding will cost Texas $36.3 million in the first year and $45.2 million in the second.  Prior to this, the state of Texas paid about $5 million per year into the program.   As of November 1, the Women’s Health Program opens its doors. Under the new rules, doctors may give women information about family planning, but must give information in a non-directive way.  What does that mean?  Doctors may offer women with information about who provides abortions, but the physician cannot make a formal referral.

Guess we’ll have to wait and see what happens when women walk out the door.

And speaking of closed doors, Attorney General Greg Abbott told Secretary of State Hillary Clinton that the Office of Democratic Institutions and Human Rights (OSCE) could not be observers in the November elections here in Texas.  The organization, along with Project Vote—a watchdog group which monitors activities of government—had asked to be election monitors because of the state’s voter ID measure (which is not yet in effect because it is being appealed). Such election monitors (persons who come and observe voting activities to make sure the laws are being followed) are thought to be important, especially in states like Texas, which have a long history of voting rights violations.  Abbott argued, however, that the requests were at odds with the Texas’ Election Code because of concerns that the groups would not be “restrained in their activities.” Out of that concern, Abbott indicated that he will have officials block such groups if they come within 100 feet of a polling place.  Doesn’t sound like they are getting in that door even if they have been since 2002 when President George W. Bush invited the OSCE to watch elections in the U.S.