By Brandon Moseley
Alabama Political Reporter
On Thursday, June 26 Congressman Spencer Bachus (R) from Vestavia said that Thursday’s Supreme Court unanimous ruling that recess appointments made by President Barack Hussein Obama (D) to the National Labor Relations Board were unconstitutional is welcome news.
Representative Bachus said, “A ruling that could help begin to curb the executive overreach that we have seen repeatedly from this Administration is welcome news. As Chairman of the House Financial Services Committee, I raised the issue of recess appointment abuse when the President installed a new director at the Consumer Financial Protection Bureau without confirmation by the Senate. Unfortunately, this has been part of a pattern of aggressive unilateral actions by this President and I plan to continue to work with my colleagues in Congress to reaffirm the separation of powers doctrine that is a foundation of our Constitution.”
Representative Bachus said then that President Obama’s use of his recess appointment authority to install a director at the Consumer Financial Protection Bureau (CFPB) was unconstitutional. At the time Rep. Bachus was the Committee Chairman of the Financial Services Committee. Bachus currently serves as the Chairman Emeritus. President Obama followed up the controversial appointment to the CFPB by stacking the National Labor Relations Board with cronies……both without getting the consent of the U.S. Senate.
State Representative Mack Butler (R) said on Facebook, “We have a president out of control. The US Supreme Court has ruled as unconstitutional Obama’s recess appointments to the National Labor Relations Board which bypassed the Senate. This will now call into question more than 1000 of their rulings.”
On May 27, 2011 Chairman Bachus wrote, “Because the Dodd-Frank Act places so much authority — with so little accountability — in the hands of the director of the new Consumer Financial Protection Bureau, the law requires that this administrator be nominated by the president and confirmed by the Senate. Yet there are now rumblings the president may circumvent the Senate’s advice and consent — and ignore the law he signed — by filling the bureau’s directorship through a recess appointment.”
Chairman Bachus continued, “A recess appointment in this circumstance would be inappropriate and is inconsistent with the Constitution. Article II provides that the president has the “power to fill up all vacancies that may happen during the recess of the Senate.” But this directorship did not “happen” to become vacant. It is a position that never before existed. Thus, there is no vacancy to fill.”
Rep. Bachus wrote, “The position must have existed and been occupied by another officer for it to be temporarily filled without Senate confirmation. But the CFPB office has never been occupied. If the president made a recess appointment, it would not be pursuant to any act of Congress or the Constitution.” “If the president were to resort to a recess appointment to name the first director, whatever regulations the bureau adopts could be immediately challenged on constitutional grounds — and would very likely be overturned based on the text, history and cases that have interpreted the recess-appointments clause.”
Bachus wrote in 2011, “The uncertainty arising from the appointment, the questionable validity of whatever regulations are adopted by this “director” and the inevitable litigation are all strong policy reasons that the president should avoid trying to end run the requirement of Senate confirmation. The president is free to nominate whomever he pleases. But as the Founding Fathers realized — and every child knows — our government is a system of checks and balances. Because the bureau will be, effectively, whatever its director wants, the legitimacy of the bureau depends on ensuring that its director is nominated and confirmed in accordance with the requirements of both Dodd-Frank and the Constitution.”
On Thursday, June 26 the Supreme Court validated Congressman Bachus’s views. The unanimous decision in Canning v. NLRB, the Supreme Court struck down President Obama’s “recess appointments” to the powerful National Labor Relations Board. The question was simple: Was the Senate in recess or in session when it was in a so-called “pro forma” session.
The Supreme Court wrote, “In our view, however, the pro forma sessions count as sessions, not as periods of recess. We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business. The Senate met that standard here.”
The Chief Counsel of the American Center for Law and Justice (ACLJ), Jay Sekulow wrote, “We represented the Speaker of the House, John Boehner, in the case, filing a brief on his behalf. The case represented a key victory for the Speaker and the House itself, since the House has a high degree of control over even the Senate’s schedule. The bottom line is simple: The President will not be able to circumvent the Senate’s “advise and consent” through recess appointments without the consent of both houses of Congress. Today is a good day for the separation of powers.”
Alabama DHR announces grants providing temporary assistance for stabilizing child care
The Alabama Department of Human Resources announced on Friday a new grant program to provide assistance to licensed child care providers in the wake of the COVID-19 pandemic.
The Temporary Assistance for Stabilizing Child Care, or TASCC, grant program’s purpose is to stabilize the number of child care providers that are open and providing services, as well as encourage providers to reopen.
DHR is now accepting applications for TASCC grants. The deadline to apply is August 7, 2020. The total grant amounts will be based on each provider’s daytime licensed capacity with a base rate of $300 per child.
To be eligible for a grant, licensed providers must be open or plan to reopen no later than August 17, 2020, and continue to remain open for a period of one year from the date of receiving the grant award. As of this week, 1,306 of Alabama’s 2,448 child care facilities were open in the state.
“We are proud to offer this program as a support and an incentive to an important sector of our economy. These grants will give the support many providers need to reopen and assist those already open,” said Alabama DHR Commissioner Nancy Buckner. “This program is going to be vital for our child care numbers to reach the level required to provide adequate services as parents return to work. We have already made significant strides in reopening facilities over the past several months; in April only 14 percent were open while now 53 percent are open.”
These grants will provide support for paying employees, purchasing classroom materials, providing meals, purchasing cleaning supplies, providing tuition relief for families, as well as other facility expenses.
DHR recommends child care providers read all guidance prior to submitting a TASCC application. Child care providers need to complete the application to determine the estimated grant amount. Grant applications will be processed as they are received and grants awarded once approved.
An online fillable application is available for the TASCC grant at www.dhr.alabama.gov/child-care/. The application must include an Alabama STAARS Vendor Code in order to be processed. For questions regarding the application, please email DHR at [email protected].
Gov. Ivey awards grant for new system to aid child abuse victims
Gov. Kay Ivey has awarded a $375,000 grant to establish a statewide network that will ensure that victims of child abuse receive immediate and professional medical care and other assistance.
The grant will enable the Children’s of Alabama and the University of Alabama at Birmingham Department of Pediatrics to collaborate with the Alabama Network of Children Advocacy Centers in creating the Child Abuse Medical System.
“Child abuse is a horrendous crime that robs children of their youth and can negatively affect their future if victims do not receive the proper professional assistance,” Ivey said. “I am thankful for this network that will ensure children get the professional attention they need and deserve.”
The medical system will be a coordinated statewide resource that includes pediatric physicians, nurse practitioners, nurses and other medical professionals along with specialized sexual assault nurse examiners.
The Alabama Department of Economic and Community Affairs is administering the grant.
“ADECA is pleased to join with Gov. Ivey and those dedicated people who are part of the Child Abuse Medical System to support these children at a time they need it most,” said ADECA Director Kenneth Boswell.
Ivey notified Tom Shufflebarger, CEO of Children’s of Alabama, that the grant had been approved.
ADECA manages a range of programs that support law enforcement, economic development, recreation, energy conservation and water resource management.
U.S. Attorney Jay Town announces resignation
Jay Town, the U.S. attorney for the Northern District of Alabama, on Friday announced his resignation and plans to work at a Huntsville defense contractor and cybersecurity solutions company.
Town’s resignation will be effective Wednesday, July 15, according to a press release.
“After much thoughtful prayer and great personal consideration, I have made the decision to resign as the United States Attorney of the Northern District of Alabama. I have tendered my resignation to Attorney General William Barr. General Barr expressed his gratitude for my service to the Department of Justice and to the Northern District and, despite having hoped I would continue in my role, understood and respected my decision,” Town said in a statement.
“I am extremely grateful to President Trump, to whom I also tendered a letter, for his special trust and confidence in me to serve as the U.S. Attorney. It was an honor to be a part of this Administration with an unrivaled class of United States Attorneys from around the nation. I will forever remain thankful to those who supported my nomination and my tenure as the U.S. Attorney,” Town continued.
Town said his job with the unnamed Huntsville defense contractor and cybersecurity solutions company is to begin later this year, and the company is to announce his position “in a few weeks.”
“The Attorney General of the United States will announce my replacement in the coming days or weeks,” Town said in the release.
Town has served in his position since confirmation by the U.S. Senate in August 2017. Prior to that appointment, Town was a prosecutor in the Madison County District Attorney’s office from 2005 until 2017.
Attorney General William Barr in a statement Friday offered gratitude for Town’s three years of service.
“Jay’s leadership in his District has been immense. His contributions to the Department of Justice have been extensive, especially his work on the China Initiative and most recently as a Working Group Chair on the President’s Commission on Law Enforcement and the Administration of Justice. I appreciate his service to our nation and to the Justice Department, and I wish him the very best,” Barr said in a statement.
The U.S. Justice Department in April 2019 notified Gov. Kay Ivey that the department’s lengthy investigation into the state’s prisons for men found systemic problems of violence, sexual assaults, drugs and corruption which are likely violations of the inmates’ Constitutional protections from cruel and unusual punishment.
Town’s office leads the discussions between the U.S Department of Justice and the state on the prison conditions.
Problems with violence, deaths and drugs in Alabama’s overcrowded, understaffed prisons have not markedly improved in the year’s since the U.S. Department of Justice released its report.
Alabama’s daily COVID-19 deaths second highest since start of pandemic
In the past two weeks the state recorded 190 coronavirus deaths, a 38 percent increase from the previous two weeks.
Alabama saw 35 deaths from COVID-19 on Friday, the second highest daily number of deaths since the pandemic began.
The previous record daily high was May 12, when the state recorded 37 coronavirus deaths. Prior to that, the high was on April 22, when Alabama saw 35 deaths from the virus. In the past two weeks the state recorded 190 coronavirus deaths, a 38 percent increase from the previous two weeks.
While cases have been surging since mid-June, deaths have largely remained stable. Deaths are considered a lagging indicator, meaning that it takes longer for deaths to begin rising after cases and hospitalizations begin rising.
“The fact that we’re seeing these sharp increases and hospitalization in cases over the past week or two is really concerning,” said UAB expert Dr. Jodie Dionne-Odom earlier this week. “And we expect, given the lag that we know there is between cases and hospitalization — about a two-week lag, and a three-week lag between cases and deaths — that we’re on a part of the curve that we just don’t want to be on in our state.”
It’s unclear whether this new rise in deaths will become a trend, or whether it is a one-day anomaly, but the 14-day average of deaths per day is now nearly as high as the previous peak on May 14 — weeks after the state hit its first “peak” in cases per day in late April. The previous high of the 14-day average of deaths per day was 16 on May 14. The average is now at 14 deaths per day, on average.
The uptick in deaths comes after days of record-high new daily COVID-19 cases and hospitalizations. The state added 1,304 new COVID-19 cases Friday, down from Thursday’s record-high of 2,164, but the trend of rising daily cases has continued largely unabated since early June.
The 14-day average of daily tests was at an all-time high Friday, at 8,125, which was 308 more tests than the previous high, set Wednesday. The percent of tests that were positive also increased, however, so the new cases can’t be attributed solely to more testing.
The 14-day average of the percent positivity was 14.22 on Friday. Excluding Thursday’s figure, because the Alabama Department of Public Health didn’t publish total tests administered on Thursday, which threw off percent positive figures, Friday’s 14-day average was the highest it’s been since the beginning of the pandemic.
There were a few higher 14-day average percent positivity days in April, but those numbers were skewed as well, because ADPH wasn’t able to collect all testing data from commercial labs during that time period.
Along with surging new cases, the number of COVID-19 patients hospitalized on Thursday was higher than it’s been since the beginning of the pandemic. On Thursday 1,125 coronavirus patients were being treated in state hospitals, which was the fifth straight day of record current hospitalizations.
UAB Hospital’s COVID-19 Intensive care units were nearing their existing capacity earlier this week. The hospital has both a COVID ICU and a COVID acute care unit designated to keep patients separated from those who don’t have the virus, but it has more space in other non-COVID units should it need to add additional bed space.
Hospitals in Madison County this week are also seeing a surge of COVID-19 patients. Paul Finley, the mayor of the city of Madison, told reporters Wednesday that local hospitals were reporting record numbers.