By Brandon Moseley
Alabama Political Reporter
Wednesday, December 3, Alabama Attorney General Luther Strange (R) announced that the State of Alabama has joined a lawsuit filed today by Texas challenging the President’s recent immigration actions as unconstitutional and illegal. The lawsuit challenges the November 20 Executive Orders by President Obama and the U.S. Department of Homeland Security directive that unilaterally suspended American immigration laws as applied to millions of undocumented immigrants in the United States.
Alabama Attorney General Strange said in a written statement, “I want to thank Attorney General Abbott for leading this effort. I am proud to stand with my friends in Texas in this important case regarding the rule of law.” AG Greg Abbott is also the Governor-elect of Texas.
The lawsuit, Texas v. U.S., was filed in the U.S. District Court for the Southern District of Texas. Texas was joined by the States of Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, South Carolina, South Dakota, West Virginia, Utah and Wisconsin; and the Governors of Idaho, Maine, Mississippi and North Carolina.
The complaint asserts, “This lawsuit is not about immigration. It is about the rule of law, presidential power, and the enforcement of the U.S. Constitution.” By his own action and contrary to laws passed by Congress, the President “issued a directive that legalizes the presence of approximately 40% of the known undocumented immigrant population, and affords them legal rights and benefits…That unilateral suspension of the Nation’s immigration laws is unlawful.”
AG Strange said, “The President is obligated by the United States Constitution to ‘take Care that the Laws be faithfully executed’—to uphold and enforce the laws passed by Congress. Instead, he has claimed a prosecutorial discretion that simply does not exist, as an excuse to change the law himself to achieve what he wanted that has failed to gain Congressional approval. He made dramatic changes that extend legal benefits to people who are openly violating the law, without so much as the notice and opportunity for comment that is required for changes in the federal rule making process. These actions are unconstitutional and illegal, and will severely impact the States with increased costs for law enforcement, health care and education.”
The complaint notes that President Obama has failed in his many attempts to persuade Congress to change the law, and that he admitted numerous times in the past that he did not have authority to act on his own. President Obama himself said, “There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President,”….“[I]f this was an issue that I could do unilaterally I would have done it a long time ago…The way our system works is Congress has to pass legislation,”…..”We have certain obligations to enforce the laws that are in place…[W]e’ve kind of stretched our administrative flexibility as much as we can,”…”But if we start broadening that, then essentially I would be ignoring the law in a way that I think would be very difficult to defend legally.”
Texas AG Greg Abbott said, “The ability of the president to dispense with laws was specifically considered and unanimously rejected at the Constitutional Convention.” Abbott specifically cited Article 2, Section 3 of the Constitution which states the president “shall take care that the laws be faithfully executed.”
AG Abbott told Fox News’ Greta Van Susteren that the President’s earlier DACA program led to over a 1000 persons a day crossing the border at a cost to Texas of millions and perhaps hundreds of millions of dollars a day and predicted that Obama’s executive amnesty would have an even greater effect. Abbott said the lawsuit asks the court to require Obama to go through Congress before enforcing laws, “rather than making them up himself.”
The lawsuit raises three legal objections to President Obama’s actions. The first is that Obama allegedly violated the “Take Care Clause” of the U.S. Constitution that limits the scope of presidential power. The second is that the federal government violated its own rule making procedures under law. Finally Texas claims standing before the court because it claims that implementation of the order will “exacerbate the humanitarian crisis along the southern border, which will affect increased state investment in law enforcement, health care and education.”
The federal lawsuit involves the following states: Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
AG Luther Strange has repeatedly said that one reason he enjoys his job is that every day he goes to work to find some new way to fight Obama.
(Some original reporting by Fox News and the Associated Press contributed to this report.)
Judge reduces former Alabama Speaker Mike Hubbard’s prison sentence
The trial court judge ordered his 48-month sentence reduced to 28 months.
Lee County Circuit Court Judge Jacob Walker on Wednesday reduced former Alabama House Speaker Mike Hubbard’s prison sentence from four years to just more than two.
Walker in his order filed Wednesday noted that Hubbard was sentenced to fours years on Aug. 9, 2016, after being convicted of 12 felony ethics charges for misusing his office for personal gain, but that on Aug. 27, 2018, the Alabama Court of Criminal Appeals reversed convictions on five of those counts. The Alabama Supreme Court later struck down another count.
Hubbard’s attorneys on Sept. 18 filed a motion to revise his sentence, to which the state objected, according to court records, arguing that “Hubbard’s refusal to admit any guilt or express any remorse makes him wholly unfit to receive any leniency.”
Walker in his order cited state code and wrote that the power of the courts to grant probation “is a matter of grace and lies entirely within the sound discretion of the trial court.”
“Furthermore, the Court must consider the nature of the Defendant’s crimes. Acts of public corruption harm not just those directly involved, but harm society as a whole,” Walker wrote.
Walker ruled that because six of Hubbard’s original felony counts were later reversed, his entrance should be changed to reflect that, and ordered his 48-month sentence reduced to 28 months.
Alabama Attorney General Steve Marshall on Wednesday said Walker’s decision to reduce Hubbard’s sentence was the wrong message to send.
“Mr. Hubbard was convicted of the intentional violation of Alabama’s ethics laws, the same laws he championed in the legislature only later to brazenly disregard for his personal enrichment,” Marshall said in a statement. “Even as he sits in state prison as a six-time felon, Mike Hubbard continues to deny any guilt or offer any remorse for his actions in violation of the law. Reducing his original four-year sentence sends precisely the wrong message to would-be violators of Alabama’s ethics laws.”
Nick Saban tests positive for COVID-19, has “mild symptoms”
It’s unlikely Saban will be able to coach in person during Saturday’s Iron Bowl against Auburn.
University of Alabama head football coach Nick Saban has tested positive for COVID-19 ahead of the Iron Bowl and has mild symptoms, according to a statement from the university on Wednesday.
“This morning we received notification that Coach Saban tested positive for COVID-19,” said Dr. Jimmy Robinson and Jeff Allan, associate athletic director, in the statement. “He has very mild symptoms, so this test will not be categorized as a false positive. He will follow all appropriate guidelines and isolate at home.”
Saban had previously tested positive before Alabama’s game against Georgia but was asymptomatic and subsequently tested negative three times, a sign that the positive test could have been a false positive. He returned to coach that game.
It’s unlikely Saban will be able to coach in person during Saturday’s Iron Bowl against Auburn, given the Centers for Disease Control and Prevention’s guidelines for quarantining after testing positive and with symptoms. Neither Saban nor the university had spoken about that possibility as of Wednesday morning.
Civil rights leader Bruce Boynton dies at 83
The Dallas County Courthouse Annex will be renamed in honor of Boynton and fellow Civil Rights Movement leader J.L. Chestnut.
Selma attorney and Civil Rights Movement leader Bruce Carver Boynton died from cancer in a Montgomery hospital on Monday. He was 83. The Dallas County Courthouse Annex will be renamed in honor of Boynton and fellow Civil Rights Movement leader J.L. Chestnut.
“We’ve lost a giant of the Civil Rights Movement,” said Congresswoman Terri Sewell, D-Alabama. “Son of Amelia Boynton Robinson, Bruce Boynton was a Selma native whose refusal to leave a “whites-only” section of a bus station restaurant led to the landmark SCOTUS decision in Boynton v. Virginia overturning racial segregation in public transportation, sparking the Freedom Rides and end of Jim Crow. Let us be inspired by his commitment to keep striving and working toward a more perfect union.”
Boynton attended Howard University Law School in Washington D.C. He was arrested in Richmond, Virginia, in his senior year of law school for refusing to leave a “whites-only” section of a bus station restaurant. That arrest and conviction would be appealed all the way to the U.S. Supreme Court where Boynton and civil rights advocates prevailed in the landmark case 1060 Boynton vs. Virginia.
Boynton’s case was handled by famed civil rights era attorney Thurgood Marshal, who would go on to serve on the U.S. Supreme Court. The 1960 7-to-2 decision ruled that federal prohibitions barring segregation on interstate buses also applied to bus stations and other interstate travel facilities.
The decision inspired the “Freedom Rides” movement. Some Freedom Riders were attacked when they came to Alabama.
While Boynton received a high score on the Alabama Bar exam, the Alabama Bar prevented him from working in the state for years due to that 1958 trespassing conviction. Undeterred, Boynton worked in Tennessee during the years, bringing school desegregation lawsuits.
Sherrilyn Ifill with the NAACP Legal Defense Fund said on social media: “NAACP LDF represented Bruce Boynton, who was an unplanned Freedom Rider (he simply wanted to buy a sandwich in a Va bus station stop & when denied was willing to sue & his case went to the SCOTUS) and later Bruce’s mother Amelia Boynton (in Selma after Bloody Sunday).”
His mother, Amelia Boynton, was an early organizer of the voting rights movement. During the Selma to Montgomery Voting Rights March in 1965, she was beaten on the Edmund Pettus Bridge. She later co-founded the National Voting Rights Museum and annual Bridge Crossing Jubilee in Selma. His father S.W. Boynton was also active in the Civil Rights Movement.
Bruce Boynton worked for several years at a Washington D.C. law firm but spent most of his long, illustrious legal career in Selma, Alabama, with a focus on civil rights cases. He was the first Black special prosecutor in Alabama history and at one point he represented Stokely Carmichael.
This year has seen the passing of a number of prominent Civil Rights Movement leaders, including Troy native Georgia Congressman John Lewis.
Roby warns Americans to be careful this Thanksgiving
Congresswoman Roby urged Alabamians to adjust Thanksgiving holiday activities to avoid spreading the coronavirus.
Congresswoman Martha Roby, R-Alabama, warned Alabamians to adjust their Thanksgiving holiday activities to avoid spreading the coronavirus.
“Thanksgiving is a special holiday because it provides us an entire day each year to pause and give thanks for the many blessings we have received,” Roby said. “Particularly amid a global pandemic, the stress and craziness of life often make it easy to lose sight of just how much we have to be thankful for. Whether you are gathering with loved ones or remaining in the comfort of your own home, I hope we all take time to celebrate gratitude – something we may not do enough of these days.”
“As we’ve learned to adjust our daily routines and activities throughout the course of this pandemic, we know this Thanksgiving will not look like those of the past,” Roby said. “Please be mindful of any safety measures and precautions that have been put in place to help protect your family and those around you. The Alabama Department of Public Health (ADPH) released guidance that includes a list of low, moderate, and high-risk activities in order to help Alabamians have a safer holiday season. ADPH suggests a few lower risk activities such as having a small dinner with members of your household, preparing and safely delivering meals to family and neighbors who are at high-risk, or hosting a virtual dinner with friends.”
Congressman Robert Aderholt, R-Alabama, echoed Roby’s warning to be safe this Thanksgiving holiday.
Aderholt said: “I want to wish you and your loved ones a Happy Thanksgiving! I hope Thursday is filled with a lot of laughter and gratitude, and that you can share it with friends and family. And while we continue to navigate this Coronavirus pandemic, please stay safe this holiday season.”
On Thursday, the CDC encouraged families to stay home as much as possible over the holiday weekend and avoid spreading the coronavirus.
“As cases continue to increase rapidly across the United States, the safest way to celebrate Thanksgiving is to celebrate at home with the people you live with,” the CDC said in a statement before the holiday. “Gatherings with family and friends who do not live with you can increase the chances of getting or spreading COVID-19 or the flu.”
The CDC has updated its guidelines to encourage families to stay home during the holiday.
- The CDC said that postponing Thanksgiving travel is the “best way to protect” against the virus.
- If you are sick or anyone in your household is sick, whether you think it is COVID or not, do not travel.
- If you are considering traveling for Thanksgiving, avoid traveling to locations where virus activity is high or increasing.
- Avoid travel to areas where hospitals are already overwhelmed with patients who have COVID-19.
- Try to avoid traveling by bus, train or airplane, where staying 6 feet apart is difficult.
- Avoid traveling with people who don’t live with you.
- You should consider making other plans, such as hosting a virtual gathering or delaying travel until the vaccine is available or the pandemic is more under control.
- Discuss with your family and friends the risks of traveling for Thanksgiving.
- Try to dissuade people from visiting this holiday.
- If you do travel, check for travel restrictions before you go and get your flu shot before you travel.
- Always wear a mask in public settings, when using public transportation, and when around people with whom you don’t live.
- Stay at least 6 feet apart from anyone who does not live with you.
- Wash your hands often or use hand sanitizer.
- Avoid touching your mask, eyes, nose and mouth.
- Bring extra supplies, such as masks and hand sanitizer.
- When you wear the mask, make sure that it covers your nose and mouth and secure it under your chin.
Remember that people without symptoms may still be infected, and if so, are still able to spread COVID-19. Remember to always social distance. This is especially important for people who are at higher risk of getting very sick. Keep hand sanitizer with you and use it when you are unable to wash your hands. Use a hand sanitizer with at least 60 percent alcohol.
Try to also avoid live sporting events, Thanksgiving Day parades and Black Friday shopping this year.
Roby represents Alabama’s 2nd Congressional District and will be retiring at the end of the year. Aderholt represents Alabama’s 4th Congressional District and was re-elected to the 117th Congress.