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Opinion | What to expect during Kavanaugh’s confirmation battle

Allen Mendenhall

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It’s official: President Trump has nominated Brett Kavanaugh to succeed Justice Anthony Kennedy as an associate justice on the U.S. Supreme Court.

Kavanaugh has served on the D.C. Circuit since 2006. A graduate of Yale and Yale Law, he clerked for the man he’s been chosen to replace, and for legal legend Alex Kozinski. He twice worked for Ken Starr, first as a fellow in the U.S. Solicitor General’s Office and later in the Office of Independent Counsel. He’s known in D.C. circles and among Republicans and will be difficult to portray as an ideologue or extremist.

Republican presidents have struggled with Supreme Court nominations. Kennedy became a justice only after President Reagan’s failed nomination of Robert Bork, followed by Douglas Ginsburg’s admission of past drug use that resulted in his withdrawal from consideration for a seat on the High Court.

Dwight D. Eisenhower nominated some of the most liberal justices in the Court’s history, Earl Warren and William J. Brennan. Richard Nixon nominated Justice Harry Blackman, who authored the opinion in Roe v. Wade (1973). Gerald Ford nominated John Paul Stevens, who has, in retirement, advocated repealing the Second Amendment. George H. W. Bush nominated David Souter, and George W. Bush’s selection of John Roberts, seemingly impeccable at the time, has disappointed many conservatives in light of cases like National Federation of Independent Business v. Sebelius (2012), which alleged, among other things, that Obamacare’s individual mandate to purchase health insurance was a “tax,” not a “penalty.”

Kennedy himself has cast votes in seminal cases with the left wing of the Court. That’s what makes the present nomination so momentous: replacing Antonin Scalia with Gorsuch preserved a conservative voting bloc, with Kennedy serving as the swing vote, whereas Kavanaugh could tip the balance: five conservatives (Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, and Kavanaugh) against four liberals (Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan).

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Senate Republicans will move quickly on Kavanaugh’s nomination in hopes of making him a sitting justice by October, when the Supreme Court’s next term commences, and before the 2018 midterm elections take place. Judicial Crisis Network has already announced a major ad campaign in states like Indiana and West Virginia with competitive midterm races.

Gorsuch was nominated on January 30, 2017, confirmed by the Senate on April 7, 2017, and took office on April 17, 2017. Two months and 17 days passed from when he was nominated to when he took office. If Kavanaugh’s confirmation spans the same period, he will take office on September 23, 2018—just meeting the Republican’s desired deadline.

Six key senators, however, could disrupt the process: Susan Collins (Republican, Maine) and Lisa Murkowski (Republican, Alaska), moderates who are generally pro-choice; Joe Donnelly (Democrat, Indiana) and Dean Heller (Republican, Nevada), who are campaigning for reelection in “purple” swing states this fall; Doug Jones (Democrat, Alabama), who must cast conservative votes if he wishes to retain his seat beyond 2021; and Joe Manchin (Democrat, West Virginia), who is up against the reliably conservative Patrick Morrisey, the former Attorney General of West Virginia, in the 2018 midterm election.

Each of these senators except Jones, who has never voted on a Supreme Court nominee, voted “yea” to confirm Gorsuch. Two Democratic senators in conservative states, Claire McCaskill of Missouri and Jon Tester of Montana, voted “nay” on Gorsuch and will likely do so again on Kavanaugh.

Only 12 nominees, historically, have been rejected by the Senate, and just four since the turn of the twentieth century. The odds are thus in Kavanaugh’s favor, despite the rancorous political climate and threats of Democratic stonewalling. Last year conservatives worried that Gorsuch wouldn’t gain support among moderates, but he was confirmed with a 54-45 vote after Democratic senators, mostly for show, attempted to filibuster his nomination.

In the following weeks we’ll be immersed in contentious, constructive debates over Kavanaugh’s extensive record, but it could be that the biggest battles over the judiciary are yet to come. The two oldest justices on the Supreme Court are Stephen Breyer, who turns 80 next month, and Ruth Bader Ginsburg, who is 85. Either could retire during President Trump’s first term. If they don’t, the Supreme Court will become the hottest political issue going into the 2020 presidential election—and many elections to come.

 

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Opinion | Standing up for ICE

Bradley Byrne

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The U.S. Immigration and Customs Enforcement agency, commonly known as ICE, is the federal law enforcement agency tasked with enforcing our nation’s border control, customs, trade, and immigration laws. The agency was formed back in 2002 when Congress passed the Homeland Security Act.

ICE has over 20,000 employees, including over 400 offices in the United States and additional offices in 46 other countries. ICE is responsible for enforcement and removal procedures against those who enter our country illegally. They also play a critically important role in cracking down on human and drug trafficking.

I have deep respect for the work our ICE officials and officers do daily to help keep the nation safe. In 2017, ICE made more than 76,000 drug arrests, arrested 4,818 people in gang-related incidents, and stopped 980,000 pounds of narcotics at the border. Similar efforts are already underway this year.

Given the important work ICE does, I am dismayed to see some liberals calling for ICE to be abolished altogether. Instead of supporting these hardworking law enforcement officials, it seems some are truly committed to open borders and reckless behavior.

The “Abolish ICE” movement is not something that just activists are calling for. In fact, several Democrat Senators and Congressmen have also started to call for the law enforcement agency to be shut down. This would be a major mistake that could endanger the safety of the American people.

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This is just another example of how the “resistance” movement in our country today seems much more interested in causing problems than solving them. We have serious flaws and issues with our immigration system that need to be fixed and enforced, but the answer is not to simply open our borders.

In an effort to demonstrate strong bipartisan support for ICE, the House held a vote last week on a resolution declaring our support for ICE and their mission. This was a straightforward resolution simply to make sure our ICE officers know the majority of Americans have their back.

I was shocked to see only 18 Democrats vote in support of the resolution. 34 voted against supporting ICE, while another 133 simply voted present. I know there are political differences in our country today, but it is deeply concerning that over 160 Democrats in the House were not willing to say they support ICE and the work they do to keep our country safe.

Despite their opposition, the resolution still passed. I hope all our ICE officers and employees take comfort in seeing a majority in Congress continue to stand up for them and the vital mission they carry out, despite what is often said on the news.

The issue really speaks to the larger problem about the future of immigration laws in our country. I am committed to standing up for the rule of law and ensuring our immigration laws are fully enforced.

To be clear, I support the legal immigration process, but I hear from individuals who have come into our country through the legal process who are incredibly frustrated by the idea that people can break the line, enter our country illegally, and not face any consequences. We must have a process in place that actually works and strongly punishes those who choose to enter illegally.

ICE plays a critical role in implementing and enforcing that process. Without the agency, we would be unable to control the flow of people and products into our country. As I have said before, a nation without borders and the rule of law is destined to fail.

Rest assured, I will keep standing up for ICE and will vehemently fight any efforts to abolish the agency.

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Opinion | Pro-growth policies are working in AL-02 communities

Martha Roby

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Over the last year and a half, Republicans in Congress and the Trump Administration have worked tirelessly to unleash our economy and foster growth right here in the United States. Since November of 2016, 3.7 million jobs have been created, and one million of those came after the Tax Cuts and Jobs Act became law. Unemployment numbers are at the lowest point they’ve been in decades. Job openings are at a record high – 213,000 jobs were added in June alone. Also last month, there were 6.7 million job openings, which marks the first time since the year 2000 that the number of job openings is larger than the number of people unemployed.

As you may know, the Tax Cuts and Jobs Act roughly doubled the standard deduction while lowering tax rates. Because of this historic tax reform, 90 percent of Americans have seen bigger paychecks this year. Plus, more than four million Americans have seen increased wages, bonuses, and expanded retirement options.

Thanks to tax reform and our efforts to spur economic growth, Americans are working and businesses are growing – and Alabama’s Second District hasn’t missed out on the momentum. Since the enactment of our tax overhaul last year, several businesses have announced they are opening branches in our district, expanding existing ones, offering pay increases to employees, and more. I would like to take this opportunity to briefly share some of the great economic news we’ve received so far.

Most recently, Alabama manufacturer Sabel Steel, which has locations in Montgomery and Dothan, announced they will provide pay increases to all employees, invest in new equipment, expand existing facilities, and hire additional workers thanks to tax reform. I believe the company’s CEO Keith Sabel said it best himself: “There’s optimism. With the previous administration, we were hammered by rule changes and regulations. It was like trying to drink water out of a firehose. The change in policy under President Trump was enormous, and the attitude among businessmen and especially other steel manufacturers has been incredibly optimistic. Tax reform and other policies psychologically have made an enormous difference.”

James Hardie Building Products announced plans to open a new manufacturing plant in Prattville. This project is the largest industrial development in Autauga County in 50 years, and it will have a significant economic impact on the area.

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U.S. firearms maker Kimber Gun Manufacturing also announced a project in AL-02. By early 2019, the company will open a $38 million production facility in Troy that will create more than 350 high-paying jobs over the next five years.

Also in Troy, Rex Lumber Co. will soon open a state of the art sawmill operation that will employ more than 100 people. This $110 million investment will create quality employment opportunities and a significant new timber market in Pike County.

In Coffee County, Wayne Farms has announced a $105 million expansion at their Enterprise fresh processing facility. This investment will bring a strong economic boost to the area.

Last, but certainly not least, Great Southern Wood Preserving based in Abbeville recently announced it will use savings from the tax overhaul to invest in additional employee benefits, including lower health care costs, more paid time off, and a new scholarship program. In addition, the company has given pay increases to employees across the board.

So you see, thanks to our pro-growth policies and a commitment to fostering economic growth in this country, Americans are confident in our economy – and rightfully so. Hardworking people in our very own communities have already benefited tremendously as a result of these important efforts, and I am eager to see this positive forward momentum continue for all Alabamians.

Martha Roby represents Alabama’s Second Congressional District. She lives in Montgomery, Alabama, with her husband Riley and their two children.

 

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Opinion | Americans are better off now

Bradley Byrne

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Two years ago, I joined other Republican House members in unveiling our “Better Way” agenda. The agenda covered everything from national security to tax reform to the economy. It was a bold vision about a different path for America that wasn’t driven by a larger, more powerful federal government. Instead, we advocated for a better way where we got government out of the way and allowed the American people to flourish.

 Working with President Trump, we have held true to our promises to the American people. Two years later and with many parts of the agenda in place, we can safely say that Americans are better off now. Our communities are safer. The economy is booming. Our military is being rebuilt. Our “Better Way” is paying off.

 Our communities are safer because we have made supporting law enforcement a top priority. We have passed historic legislation to address the opioid crisis, which is having a horrible impact on communities in Alabama and throughout the country. In addition to better policy, we have invested $4 billion in grants and programs to help combat the opioid crisis.

 We passed legislation to devote more resources to school safety, and we have made real progress in the fight against human trafficking. In fact, we have seen a 60 percent decline in online advertising for sex trafficking.

Also, important to keeping our communities safe, we set aside $1.5 billion for physical barriers and technology along the southern border and provided for over 90 miles of a border wall system. Border security is national security.

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No one can deny that the American economy is booming. Just consider these numbers: 90 percent of Americans are seeing larger paychecks under our tax reform bill. 3.7 million jobs have been created since November 2016. There are 6.6 million job openings in the United States as of May 2018, meaning more jobs than job seekers. And, $4.1 billion has been saved in agency regulatory costs by rolling back burdensome government regulations.

 One of my biggest concerns during the Obama Administration was the hollowing out of our military. We had planes that couldn’t fly and ships that couldn’t sail. We were not making the continuous critical investment in our military necessary to keep up with our adversaries. Thankfully, those days are over.

 We have made the largest investment in our military in 15 years. This means 20,000 new troops, the largest pay increase for our service members since 2010, more training time, better equipment, new ships, and much more.

 On the world stage, countries know that the United States means what we say. ISIS is on the run in the Middle East, North Korea has come to the negotiating table, and China is being held accountable for their dangerous trade practices.

 Now, I want to make clear that much work remains. For example, we have to keep working to fix our broken immigration system and ensure that our borders are finally secure. We also cannot give up on our efforts to improve health care in our country. Costs remain too high and rural communities right here in Alabama are facing dangerous hospital closures.

 But, despite what some on the other side of the aisle and the national news media want you to believe, the American people are better off now than they were two years ago. That’s a testament to our pro-growth agenda, but, more importantly, it is a testament to the spirit and drive of the American people.

Want to know more? I encourage you to visit Better.gop to learn more about the various ways the American people are better off now.

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Opinion | What to expect during Kavanaugh’s confirmation battle

by Allen Mendenhall Read Time: 4 min
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