The other night I watched the procedural wrangling in the Texas Senate as Democrats tried to stop the GOP from ending Wendy Davis’ filibuster of Senate Bill 5, which would have forced most of the abortion clinics in the state to close.
The special session of the legislature was going to end at midnight, so the Republicans were desperate to stop Davis. Over the course of the proceedings, GOP senators lodged three points of order in a bid to break the filibuster. Two of the points of order dealt with germaneness, while the other objected to the fact that Davis had a colleague help her put a back brace on. All these points of order were ultimately sustained by the President of the Senate, Lt. Gov. David Dewhurst.
The problem is that Dewhurst is a Republican, and so he had a vested interest in breaking the filibuster. Indeed, there was a strong aura of partisanship in the way he and his deputy conducted themselves in the chair. The three points of order against Sen. Davis were arguably trivial, and he may have ignored Sen. Leticia Van De Putte when she tried to move the adjournment. He also declared that the bill had passed, even though the votes weren’t tallied until after the midnight deadline (though he changed his tune a few hours later, stating that the bill had failed because he hadn’t signed it “in the presence of the Senate” before midnight).
Unfortunately, this sort of partisan behavior from a presiding officer is hardly unprecedented in American politics. From Washington DC to the state capitals, presiding officers are usually active members of the majority party and are expected to deliver its agenda. Regardless of which side of the aisle they hail from, it seems that the temptation to bend the rules in favor of their party colleagues is often too strong to resist.
This approach stands in marked contrast to that found in Britain. When a new Speaker of the House of Commons is elected, they immediately sever all partisan ties. This political neutrality persists even after they step down: if they choose to take the customary peerage, they sit in the House of Lords as Crossbenchers. Freed from the bonds of party loyalty, the Commons’ speaker is expected to be an impartial umpire who serves the whole house. They must be particularly diligent about protecting the rights of the Opposition as well as those of backbenchers from all parties. When exercising their rare casting vote in the event of a tie, convention dictates that the speaker must always vote to give the Commons another chance to consider the matter before a final decision is taken.
Sadly, I don’t see us adopting a British-style speaker any time soon since both the GOP and the Democrats are eager to have as many advantages as possible when they’re in power. 😦