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Opinion | Brett Kavanaugh to SCOTUS would assure Trump legacy

Steve Flowers

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The appointment of a United States Supreme Court Justice is one of the most profound legacies that a U. S. President can achieve. The opportunity that President Donald Trump was given to appoint Neil Gorsuch to the High Tribunal last year will be a monumental achievement of the Trump administration.

The chance to name a second Supreme Court appointment will be a colossal legacy for the Trump presidency. The appointment of two seats on the Supreme Court has given Trump an indelible place in U.S. presidential history.

The leftist detractors of the Trump presidency are moaning. However, the conservative base of American politics has got to be rejoicing with hallelujahs. The quiet, conservative Americans who voted for Trump probably never realized how impactful their vote for Trump was in November of 2016. For within less than two years after casting that vote they will have placed America on a more stable conservative path for not only the rest of their lives, but possibly for the next generation.

President Trump’s appointment and subsequent confirmation of Neil Gorsuch to replace the deceased Antonin Scalia was a profound choice. However, his selection of Brett Kavanaugh to replace the retiring jurist Anthony Kennedy is equally brilliant. If Trump does nothing else during his tenure in the White House, if you are a conservative American, Trump’s presidency has been a rousing overwhelming success.

When the last votes were counted in November of 2016, and it became obvious that Donald Trump had defeated Hillary Clinton, conservative Americans were exuberant. Many had turned out to vote for one reason. The possibility of naming a conservative to the Supreme Court was their primary reason for voting for Trump. The naming of two within two years was beyond their wildest dreams.

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With the conclusion of the eight-year reign of the liberal Obama era and Trump’s defeat of Clinton, President Obama made one last simple, profound statement, “Elections have consequences.” That epitaph has become prophetic.

The court had been drifting leftward out to sea with the two extremely liberal Obama appointees, Elena Kagan and Sonia Sotomayor coming on board. However, the Supreme Court Ship of State has taken a turn to the right under the helm of Captain Trump.

Brett Kavanaugh is an excellent selection. He has impeccable credentials. He is only 53 years old, which means that he will be a sensible mainstream conservative voice of the court for probably three decades.

Brett Kavanaugh’s resume reads like a profile of someone born to be a U.S. Supreme Court Justice. Like most Supreme Court members, he graduated from a prestigious Ivy League Law school. He is a product of Yale undergraduate and Yale Law School.

Kavanaugh was the favorite for the appointment from the beginning. He was always on the top of Trump’s short list and the choice of the Republican legal establishment in Washington. He is a former law clerk of the retiring Justice Anthony Kennedy.

Although Kennedy had been appointed by Republican Ronald Reagan, he was considered the one moderate on the court. There are four bona fide liberal justices and four stalwart conservatives. Kennedy was the swing vote in the middle. Trump’s appointment of Kavanaugh will replace a swing vote on the nine-member court with a staunch conservative.

Kavanaugh served in George W. Bush’s administration and has been a distinguished jurist in the Court of Appeals for the DC Circuit for over a decade and has written over 300 opinions. Therefore, his record as a jurist has been thoroughly reviewed and scrutinized. He is looked upon as a top legal scholar and strict constitutional adherent with a record of following judicial precedence.

Kavanaugh will be confirmed along pretty much the same partisan lines as Gorsuch. Trump is blessed with a Republican majority Senate. Leader Mitch McConnell will put the confirmation hearings on a fast track and have Kavanaugh approved by the end of October, prior to the mid-term elections. The Republicans have a thin 51 to 49 majority. All 51 Republican Senators appear to be on board for confirmation. Our Senator Richard Shelby has given a big thumbs up to Kavanaugh.

In addition to the 51 Republicans, Kavanaugh is expected to pick up four Democratic Senate votes of moderate Democrats from red states.

The big question is how does our new accidental anomaly, Democratic Senator Doug Jones vote. He is considered a longshot to win in 2020. However, a yes vote on confirmation could give him a glimmer of hope. A no vote would guarantee his not being elected to a full term. 

See you next week.

Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us

 

Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.

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Opinion | Straight-party suicide

Joey Kennedy

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One wonders if the 2018 midterm elections will ever end. There are still races undecided, recounts going on all over the nation. The original thoughts that the results were only mildly in favor of Democrats on a national level have turned toward a true Blue wave, as Democrats continue to win close races in once-solidly Red districts and solidify their hold on the U.S. House and a few more state governments.

Well, except for Alabama. Our midterms are long over – apparently they were over even before state voters cast their (straight-ticket) ballots nine days ago.

There was such a Red wave in Alabama that even the closest statewide race between a Republican and Democrat was such a GOP landslide nobody even blinked. Instead, we yawned.

Oh, Alabama! We’re so far out of touch with the nation. Even Mississippi has a runoff between a Democrat and Republican. Georgia and Florida have marquee races that are still undecided. A Democrat flipped a U.S. Senate seat in Arizona. A diverse caravan of women have elbowed their way into that old, white man’s club in Congress.

We could have had some of that. We could have gone more progressive. Instead, we stayed solidly regressive.

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Sure, a chunk of the problem is the dysfunctional Democratic Party of Alabama, which stood by while highly qualified candidates were massacred. If changes aren’t made in the state party, we’ll see more of the same, too. Even as the nation becomes ever more forward-thinking, ever more “we’ve got to dump Trump,” Alabama loves its status as one of the lowest-ranking states in quality-of-life issues. In education. In health care. In compassion for the least of these.

Hey, but we got that Ten Commandments constitutional amendment passed, one that’ll cost Alabama more money it doesn’t have in losing legal challenges.

We Dare Defend Our Wrongs.

But a bigger problem with Alabama, and we’ve got many where elections are concerned, is that we still allow straight-party voting. Voters overwhelmingly took the lazy way out on election day. They didn’t want to go down the ballot and choose the best-qualified candidate for office. That’s too hard. That requires thinking. Instead, they just bubbled-in the “D” or the “R.”

As with so many reforms, Alabama is among those who choose to stay the archaic course. According to the National Conference of State Legislatures, only eight states allow straight-ticket voting these days. Of course, Alabama is one of them. We don’t hear Secretary of State John Merrill talking about reforming that voting anomaly. And even Texas, one of those eight states, is doing away with straight-ticket voting for the 2020 elections; Indiana, another one, doesn’t allow straight-party voting for at-large races.

It’s no coincidence, either, that just about every state that still allows straight-ticket voting is a solidly Red state. It’s just another way Republicans, whose agenda is completely out of touch with what is happening across America but are masterful at suppressing the vote, maintain their now-more-tenuous hold on power.

Straight-party voting goes both ways. In Jefferson County, now a solidly Democratic county, straight-party voting for Democrats left some outstanding judges out of jobs. That judges even run in partisan races is a flaw – party philosophy has no place in the law.

The loss is that up and down the ticket, there were qualified candidates on both sides. Too many voters, though, had to run home and watch Fox news, so they didn’t have time to think about their selections. Instead, they just blacked the “R” oval and settled into their easy chairs to watch Hannity.

Far too many voters aren’t responsible enough to educate themselves before an election, even on the most important offices – governor, lieutenant governor, attorney general, secretary of state, the Public Service Commission, statewide judicial seats, Congress.

Now, our Republican U.S. House delegation (Democrat Terri Sewell is the one exception) find themselves on the outs. They’re in the minority, with little power to do anything – not that any of the Republicans from Alabama exercised their influence when they had that power to begin with.

Republicans have been pretty successful at influencing low-information voters, and that’s to those voters’ detriment. When it comes to issues like preserving Medicare, Social Security, Medicaid, food stamps, access to health care, protection from health insurance companies on pre-existing illnesses, equal pay, protecting women against sexual assault, humane immigration reform, equal rights for all Americans, including minorities and the LGBT community, Democrats are more likely to stand up.

Republicans give out billions in tax breaks to billionaires, then try to make up the difference with cuts to the programs that disproportionately affect the very Alabamians who elected them.

You may not like that assessment. You may be offended by it. Well, get over it. That’s the truth.

Try thinking.

But if you don’t, at least you can vote that straight ticket.

Joey Kennedy, a Pulitzer Prize winner, writes a column every week for Alabama Political Reporter. Email: [email protected]

 

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Opinion | Sellouts are running Alabama’s environmental agencies. Why don’t you care?

Josh Moon

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There is contaminated tap water in north Alabama.

There are no oysters in the Gulf.

There is poison soil in Birmingham.

There are polluted lakes and rivers throughout the state.

There have been coal ash spills and a stalled poop train and imported toxic waste too dangerous for other states to allow.

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There’s a poison plume running under all of downtown Montgomery.

This is Alabama Outdoors.

In a state where at least 90 percent of the males hunt or fish with some regularity, and state law requires at least every third car have a “Salt Life” back window sticker, we don’t seem to give two good damns about the actual environment that make those things possible.

And we sure don’t seem to care much about the people who are supposed to be in charge of protecting those things.

If you did, you would know that two of those people were indicted this week on ethics charges. There are serious — and widely known and widely believed and widely supported with a mountain of evidence — allegations that Trey Glenn, the current head of the EPA’s southeastern region, and Scott Phillips, a former commissioner with the Alabama Environmental Management Commission, accepted bribes from polluters to actively work against cleaning up pollution and holding those polluters responsible.

Or to put that more simply: They sold out.

They sold out you.

They sold out the environment.

They sold out their oaths.

(Allegedly, of course.)

And these two aren’t the first ones. If you paid the least bit of attention to the recent trial involving a former Balch & Bingham attorney and a former Drummond Co. executive, you heard of all sorts of shady dealings flowing back and forth between companies highly suspected of polluting our soil, air and water and the agencies — Alabama Department of Environmental Management (ADEM), EPA and AEMC — that are supposed to stand in the gap between us regular folk and big business.

Instead, it seems, these guys have spent most of their time standing in big businesses’ pockets.

In addition to Phillips to Glenn, ADEM head Lance LeFleur was accused of having a cozy relationship with Drummond, and once wrote a letter opposing the EPA’s listing of a pollution area in north Birmingham as a superfund site. In court testimony, attorneys openly questioned if that letter was written at the encouragement of Drummond and its attorney.

A few weeks after the trial, 12 environmental groups sent a letter to AEMC demanding that LeFleur be removed and cited examples of his department’s failures and compromises. LeFleur denied the allegations, calling them “mean-spirited” and “untrue.”

But the problems don’t even end there.

Former Gov. Robert Bentley was actively writing — or signing his name to letters pre-written by Drummond’s attorneys — to stop the superfund site and cleanup.

Former attorney general Luther Strange signed off on pre-written letters from his office to the EPA demanding that the site not be listed on the superfund registry and proclaiming that the state would provide no funds for cleanup.

Think about that.

That’s the guy whose main job is consumer protection.

You’re the consumer. We’re all the consumers.

So, why, why, why do you not care?

I’m begging someone to explain this to me. Why do you not care that you can’t eat fish out of the Tennessee River? That you can’t swim in Wheeler Lake? That you can’t drink the tap water in Courtland? That there will literally be NO oysters harvested from the Gulf this year? That poor people in one of the poorest areas of this state have dealt with constant illnesses? That your “salt life” and your “lake life” and your hunting and your fishing and your kids swimming and your just everyday existing is being jeopardized by sellouts?

Why don’t you care?

And I know you don’t care, because you just voted 60-40 to put the same people back in charge who put all of these people in charge of protecting our environment and natural resources.

And those same people you put back in office are taking your indifference seriously. When I sent a question to the governor’s office today asking for a comment on the sad state of Alabama environmental management programs, they didn’t even bother to respond.

Because Kay Ivey knows you don’t care.

There wasn’t a peep from any state lawmakers, because they also know you don’t care.

You know, I hear people ask all the time how Alabama — in the middle of the Bible Belt and with a church on every corner — could have a government that’s so corrupt, so filled with people willing to take bribes and sell out their constituents.

This is how: You stop paying attention.

 

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Elections

Opinion | The Alabama Democratic Party has no plan, no hope for the future

Josh Moon

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The Alabama Democratic Party is a dumpster fire.

This cannot be news to you by now.

Not after last Tuesday. Not after the last eight years.

Actually, that description might not be harsh enough. Try this: The Alabama Democratic Party is a flaming bag of poop way down at the bottom of a dumpster fire.

And before you go away thinking that to be too harsh, consider this: In the midst of a legit blue wave nationally — Democrats will gain around 40 House seats and receive around 8 million more votes when all of the counting is finished — Democrats in Alabama lost five House seats to an existing GOP supermajority.

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Alabama Dems’ best crop of candidates in YEARS received roughly the same percentage of the vote as its worst candidates ever.

Gubernatorial candidate Walt Maddox traveled more than 30,000 miles around this state, spent years attending county commission meetings and getting to know citizens on both sides of the aisle. His likability numbers among likely voters, regardless of party, were fantastic.

He got roughly the same number of votes as Lt. Governor candidate Will Boyd, who you couldn’t pick out of a lineup with The Beatles.

Party chairwoman Nancy Worley and Democratic Conference head Joe Reed had quite the answer for this disaster of an election, saying, and I’m paraphrasing here: “eh, whatchagonnado?”

That was basically Worley and Reed’s response after they were heavily criticized by their own candidates last week. The criticisms, which came most loudly from Congressional candidate Mallory Hagan, centered on the Alabama Democratic Party’s lack of assistance with campaigns, lack of messaging, lack of financial support, lack of planning, lack of Get Out the Vote efforts, lack of organization and lack of visibility. To name a few.

Worley and Reed attempted to explain it all away by noting that Hagan and other candidates faced insurmountable odds, that the deck was stacked against them, that they would have been wasting resources to have even tried.

Don’t you dare buy it.

Because while it’s true that dropping a half-million the last month of the campaign wouldn’t have saved any candidate (except maybe Johnny Mack Morrow), that’s not when the money should have been spent. That’s not when the party office is most useful.

Winning elections takes effort. It takes planning. It takes information. It takes a long-term strategy.

Republicans didn’t take over the State House after 100-plus years of Democratic control because they prayed about it harder, even if that’s what they’d like you to believe.

They had a plan. They executed that plan.

They started down the ballot, winning races where a handful of votes swayed by the top of the ticket or a county initiative could land a few judgeships, maybe put a new House rep in place. Then they built on that.

They also did it through messaging.

I loathe Mike Hubbard, but that dude knew how to win elections. And he knew how to drive a point home. From the mid-2000s on, Democrats couldn’t go to the bathroom without Hubbard holding a press conference or issuing a press release claiming the Dems were in the bathroom plotting to take your guns or steal your money.

He went to major businesses around the state and started making deals for campaign contributions. And then he used those funds to push the party message even harder. Year after year, Hubbard and the rest of the ALGOP highlighted every bad thing Alabama Democrats did, and told people how Republicans would fix it and make their lives better.

Hubbard could do that, because as party chairman, he spoke for the ALGOP. And because he controlled the purse strings of the party, he could ensure that his message was the message resonating throughout the ALGOP.

ALGOP candidates were prepared with the best polling, the best opposition research, the best ads and the best volunteers. And they were all pushing just the right messages to voters.

They got to be so good at it that it didn’t matter if the candidate was essentially a door stopper. The ALGOP brass, led by Hubbard and a few others, had established a system so good and so efficient that they could get Shadrack McGill elected to the Alabama Senate.  

It didn’t even matter that the messages were mostly BS, and all Hubbard really wanted to do was take all of the money he could get his hands on.

The plan, the message and the execution were so good that it didn’t matter.

Alabama Democrats don’t have any of that.

Not the plan. Not the voice. Not the leadership.

And for some reason, the people in charge of the party seem to be OK with that. Because they just continue to not do anything at all to fix it.

The state deserves better.

 

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Bill Britt

Opinion | Will Republicans bring change or status quo?

Bill Britt

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For eight years, Republicans have dominated state government in Alabama, but those years are not a fair representation of Republican leadership because, for most of that time, corrupt, crazy or compromised men were at the helms in the State House, the governor’s office and throughout the political infrastructure.

Already, Republicans are laying the groundwork for the next four years by determining who will staff the governor’s office and cabinet, the committee chairs in the House and Senate and key leadership roles within the caucus. Those choices will show whether there will be a change in character, conduct, and competence or status quo.

Beginning in 2008, then-Gov. Bob Riley, ALGOP Chair and minority leader Mike Hubbard, along with BCA’s Billy Canary, began to methodically execute a plan to take control of Alabama’s political structure. While they personally failed due to greed and incompetence, their plan succeeded and even today, after Hubbard’s felony conviction and Canary’s ouster at BCA, many of their handpicked legislators, cronies and co-conspirators still enjoy dominant positions in government and the accompanying political apparatus.

Reportedly, Riley is laying low but will seek a comeback in the run-up to the 2020 U.S. Senate election, positioning either himself or his son Rob to take on Democrat U.S. Senator Doug Jones.

A scan of Hubbard’s book, “Storming the State House,” offers a look at those candidates who Hubbard, Riley and Canary selected and groomed to do their bidding. Some of their staunchest allies have either quit government or have been indicted or convicted, but still many remain.

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Some have changed horses, but not everyone is happy that their former masters do not still hold the reins.

Some miss Hubbard’s whip hand, Riley’s conniving and Canary’s money and outsized influence.

The Republican House caucus will meet Tuesday to determine key leadership roles.

Current Speaker of the House Mac McCutcheon will not face a challenge even though there are some among his ranks who would like to return to a Hubbard-style leadership.

Rep. David Standridge has put his name forward for House Pro Tem, a position presently held by Rep. Victor Gaston. Standridge, it is believed, wants to bring new life into the position, however, Gaston is a well-known fixture. What is unclear is why U.S. Congressman Mike Rogers is lobbying for Gaston’s return as Pro Tem?

It is not sure if House Majority Leader Nathaniel Ledbetter will face opposition or if he should.

Where the rubber wheel hits the road is with committee leadership assignments that will come later. Several committees are still chaired by Hubbard loyalists who, again, long for his dictatorial command. Even the House Ethics Committee is currently headed by a man who believes Hubbard’s conviction was a grave conspiracy involving prosecutorial misconduct.

Over at the Capitol, Gov. Ivey’s staff and cabinet have well placed Hubbard and Rileyites, but there are no signs that Gov. Ivey will replace them.

Most troublesome are rumors that Ivey’s Chief of Staff Steve Pelham is leaving to take a post at Auburn University. No one can blame Pelham given the enormous burden of guiding the office for nearly two years, but replacing him will be a difficult task.

As for the Senate, President Pro Tem Del Marsh will continue his business management approach with few surprises in store. There are rumors of some significant changes, especially among budget chair assignments, but even that is mere speculation at this point.

Republicans have an opportunity to show their governing abilities beginning with its choice of leadership. This is extremely important because Republicans overwhelmingly control every office in state government. Moral, effective leaders are always essential but never more so than when there is no opposition.

If Republicans do not put forward honest leaders, they will be forced at some point in time to look around and say, “We have seen the enemy, and it is us.”

As President Harry Truman noted, “Men make history and not the other way around. In periods where there is no leadership, society stands still. Progress occurs when courageous, skillful leaders seize the opportunity to change things for the better.”

The people of Alabama have selected a Republican super-majority to lead the state. Let’s pray they are ready to prove the people were right.

 

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Opinion | Brett Kavanaugh to SCOTUS would assure Trump legacy

by Steve Flowers Read Time: 4 min
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