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Filibuster broken, but Texas abortion law fails to pass

Filibuster fails: Wendy Davis spoke for 11 hours in a filibuster but was stopped before the midnight deadline. Still, the Texas abortion law failed to pass when protestors managed to stall a vote.

By Chris Thomlinson and Jim VertunoAssociated Press / June 26, 2013

Texas State Sen. Wendy Davis (D) of Fort Worth, waits for a ruling on a rules violation during her filibusters of an abortion bill, Tuesday, June 25, in Austin, Texas. Senator Davis was given a second warning for breaking filibuster rules by receiving help with a back brace from Sen. Rodney Ellis (D) of Houston.

Eric Gay/AP

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Austin, Texas

Despite barely beating a midnight deadline, hundreds of jeering protesters helped stop Texas lawmakers from passing one of the toughest abortion measures in the country.

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As the protesters raised the noise to deafening levels in the Texas Senate chamber late Tuesday, Republicans scrambled to gather their colleagues at the podium for a stroke-of-midnight vote.

"Get them out!" Sen. Donna Campbell shouted to a security guard, pointing to the thundering crowd in the gallery overhead that had already been screaming for more than 10 minutes.

"Time is running out," Campbell pleaded. "I want them out of here!"

It didn't work. The noise never stopped and despite barely beating the midnight end-of-session deadline with a vote to pass the bill, Lt. Gov. David Dewhurst said the chaos in the chamber prevented him from formally signing it before the deadline passed, effectively killing it.

Dewhurst denounced the protesters as an "unruly mob." Democrats who urged them on called the outburst democracy in action.

In either point of view, a raucous crowd of chanting, singing, shouting demonstrators effectively took over the Texas Capitol and blocked a bill that abortion rights groups warned would close most abortion clinics in the state.

"They were asking for their voices to be heard," said Sen. Wendy Davis of Fort Worth, who spent nearly 11 hours trying to filibuster the bill before the outburst. "The results speak for themselves."

The final outcome took several hours to sort out.

Initially, Republicans insisted the vote started before the midnight deadline and passed the bill that Democrats spent the day trying to kill. But after official computer records and printouts of the voting record showed the vote took place Wednesday, and then were changed to read Tuesday, senators retreated into a private meeting to reach a conclusion.

At 3 a.m., Dewhurst emerged from the meeting still insisting the 19-10 vote was in time, but said, "with all the ruckus and noise going on, I couldn't sign the bill" and declared it dead.

He denounced the more than 400 protesters who staged what they called "a people's filibuster" from 11:45 p.m. to well past midnight. He denied mishandling the debate.

"I didn't lose control (of the chamber). We had an unruly mob," Dewhurst said. He even hinted that Gov. Rick Perry may immediately call another 30-day special session, adding: "It's over. It's been fun. But see you soon."

Many of the protesters had flocked to the normally quiet Capitol to support Davis, who gained national attention and a mention from President Barack Obama's campaign Twitter account. Her Twitter following went from 1,200 in the morning to more than 20,000 by Tuesday night.

"My back hurts. I don't have a lot of words left," Davis said when it was over and she was showered with cheers by activists who stayed at the Capitol to see her. "It shows the determination and spirit of Texas women."

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