Connect with us

National

State, Mo Brooks sue to block counting of immigrants in 2020 census

Chip Brownlee

Published

on

It’s long been feared Alabama might lose a congressional seat when reapportionment happens after the 2020 census, but Alabama Attorney General Steve Marshall and Congressman Mo Brooks said that wouldn’t be a possibility if the U.S. Census Bureau would stop counting people who immigrated illegally to the United States in the census.

The AG’s office — on behalf of the state — and Congressman Mo Brooks, a Republican, filed a lawsuit in federal court this week against the Census Bureau and the U.S. Department of Commerce, alleging that the bureau’s census practices disadvantage Alabama and could lead to the state losing both a congressional seat and a vote in the Electoral College.

The census, conducted every ten years, is used to determine congressional districts, federal funding that is based on population and the number of electors each state gets in the Electoral College, the body that formally elects the president.

The Census Bureau has a longstanding practice of counting all residents of a state, whether they are citizens, immigrants or living illegally in the United States, so long as they choose to respond to the Census.

The State and Brooks say Alabama — and other states like Ohio and Montana — could lose a congressional seat or miss out on a new seat to states with a “larger illegal alien population.”

“Alabama’s loss will be another state’s gain, as states with a growing illegal alien population will be the beneficiary of this reapportionment,” Marshall said. “I have joined with Congressman Mo Brooks in filing suit against the federal government to stop the inclusion of illegal aliens in the census’s apportionment population. The Constitution does not permit the dilution of our legal residents’ right to equal representation in this manner.”

Alabama and Brooks’ lawsuit will likely face an uphill battle in federal court, where precedent is on the side of counting total population, regardless of voter eligibility or citizenship status. The Supreme Court in 2016 reaffirmed the use of total population — at least for state legislative reapportionment — rejecting an argument from two Texans who said total population shouldn’t be the metric.

Advertisement

“Adopting voter-eligible apportionment as constitutional command would upset a well-functioning approach to districting that all 50 States and countless local jurisdictions have followed for decades, even centuries,” the court wrote in its opinion. “Appellants have shown no reason for the Court to disturb this longstanding use of total population.”

The decision was a unanimous 8-0, and the court fell back on decades of precedent that Though he had some disagreement with the theory behind the court’s opinion, even conservative Justice Clarence Thomas agreed with the judgment.

“I agree with the majority’s ultimate disposition of this case. As far as the original understanding of the Constitution is concerned, a State has wide latitude in selecting its population base for apportionment,” Thomas wrote. “It can use total population, eligible voters, or any other nondiscriminatory voter base.”

The Census Bureau’s “Residence Rule” allows foreign nationals living in the U.S. to be counted in the census and allocated to the states based on their “usual residence.” Brooks and the State argue in the lawsuit that the practice violates the 14th Amendment and its Equal Protection Clause.

“This lawsuit will have significant and enduring effects on Alabama and other states harmed by unconstitutional census methods,” Brooks said. “Fundamentally, the issue is fair and equal representation for United States citizens. While some stand for illegal aliens, I stand for American citizens.”

The Constitution calls for an “actual enumeration” of the “number of persons in each State.” But the lawsuit argues for a different interpretation of the term “person.”

“The phrase ‘persons in each State’ was understood at both the Founding and in the Reconstruction era to be restricted to aliens who have been lawfully admitted to the body politic constituted by the Constitution,” Alabama’s lawsuit reads. “Aliens who are unlawfully present in the United States did not qualify because they are not entitled to political representation. Thus, the actual enumeration of the population cannot include such aliens.”

On the other side, proponents of the bureau’s rules — and the Supreme Court — say the Equal Protection Clause is the precise reason why total population should be used.

“Nonvoters have an important stake in many policy debates—children, their parents, even their grandparents, for example, have a stake in a strong public-education system—and in receiving constituent services, such as help navigating public-benefits bureaucracies,” the court wrote in its 2016 opinion. “By ensuring that each representative is subject to requests and suggestions from the same number of constituents, total-population apportionment promotes equitable and effective representation.”

The State and Brooks are seeking to have the practice of counting total population ruled unconstitutional.

“The loss of an Alabama Congressional seat will be a huge loss in Alabama’s political influence and will diminish Alabama’s influence in Congress and its importance in presidential elections,”  Brooks said.

The lawsuit comes as the Census Bureau plans to ask respondents about their citizenship status for the first time in decades, leading to concerns from some Democrats that immigrants will be undercounted in the 2020 census because they will be afraid or anxious to respond about their status.

The last time the Census Bureau asked all U.S. households about their citizenship status was in 1950.

Since then, the question has been included on some long-form versions of the census — which were sent to a smaller group of households until 2000, when it was discontinued after that year’s census— and the American Community Survey, which has been sent to 3.5 million households annually since 2005.

Seventeen other largely Democratic states are suing to block the Trump administration’s inclusion of the citizenship question on the 2020 census.

 

Advertisement

Governor

Governor prohibits evictions, foreclosures during COVID-19 outbreak

Jessa Reid Bolling

Published

on

photo via Governors Office

Alabama Gov. Kay Ivey issued an order on April 3 to suspend the enforcement of any evictions or foreclosures due to the COVID-19 outbreak.

The protective order is set to last for the duration of the state of emergency that was declared on March 13.

The order instructs all law enforcement officers to cease enforcement of any order that would leave someone displaced from their residence.

“Because COVID-19 mitigation efforts require people to remain at their place of residence, I find that it would promote safety and protection of the civilian population to grant temporary relief from residential evictions and foreclosures,” the order reads. 

“To that end: All state, county, and local law enforcement officers are hereby directed to cease enforcement of any order that would result in the displacement of a person from his or her place of residence. 

“Nothing in this section shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under a rental agreement or mortgage.”

The protective order on evictions and foreclosures was issued the same day that Ivey issued a stay-at-home order which will require Alabamians to stay at home as much as possible — except for essential outings like grocery shopping and getting medical care.

The stay-at-home order goes into effect on April 4 at 5 p.m. and will expire on Tuesday, April 30, 2020, at 5 p.m. 

Advertisement
Continue Reading

Congress

Alabama may need 2,500 more ventilators. It’s having to compete to get them

Chip Brownlee

Published

on

Alabama may need 2,000 more ventilators than it has, and it’s being forced to compete with other states to get them on the private market.

State Health Officer Dr. Scott Harris said Friday that the Alabama Department of Public Health is attempting to source its own ventilators as a number of hospitals in the state are already struggling and asking for more.

The state requested 500 ventilators from the federal government through the Department of Health and Human Services and the national strategic stockpile. It asked for 200 of them to be delivered urgently.

“HHS has indicated that they’re not going to fulfill that anytime soon because they’re still taking care of places like New York City,” Harris said in an interview with APR.

When Alabama nears an expected surge — say 72 hours before hospitals are expected to be overwhelmed with patients requiring life support — they may be able to make the extra ventilators available.

So Alabama, like a number of states, is being forced to try to source ventilators on its own through the private market, where hundreds of hospitals, all the other states and other countries are trying to do the same.

Harris said he signed a purchase order Thursday for 250 more ventilators.

“We’re waiting to see, and then there are others that we’re waiting to hear from,” Harris told APR. “We’re doing our best to try to source these in any way that we can.”

Advertisement

“We’re attempting to source those ourselves, but as you know, all the states are looking to source their own and in some measure competing with each other,” he said a press conference Friday evening when Gov. Kay Ivey announced a shelter in place order.

Alabama Sen. Doug Jones said Thursday that Alabama will likely make additional requests, but there are only 10,000 ventilators in the national stockpile and in the U.S. Department of Defense surplus. And with every other state in the country also requesting these supplies, the federal government has said that states should not rely on the national stockpile to bolster their ventilator capacity.

By Friday, nearly 1,500 people were confirmed positive with the virus. At least 38 have died. Dire models from the Institute for Health Metrics and Evaluation at the University of Washington — models that influenced the state’s decision to issue a stay-at-home order — project that by mid-April, Alabama could have a massive shortage of ventilators and hospital beds.

“The timeline I think makes sense and the time when we’re expected to have a surge is the part that was most useful to us,” Harris said. “We’ve been trying very hard to get an order in place with regards to this surge that we expect to happen.”

The model estimates that Alabama could have a shortage of 20,000 hospital beds, 3,900 intensive care beds and more than 2,000 ventilators.

At least 3,500 ventilators would be needed at the peak of the COVID-19 outbreak in mid-April, according to the IHME model. Last month, Alabama Hospital Association President Donald Williamson said the state has a surge capacity of about 800.

The same model projects that about 5,500 people could die from COVID-19 in Alabama by August. However, the model is live and is regularly adjusted. Earlier this week, it suggested that 7,000 people could die by August.

Harris said the state, over the past couple of weeks, has added a few hundred additional ventilators to its capacity by converting anesthesia machines and veterinary ventilators for use on those infected with the coronavirus.

“Yet, even with adding all of those ventilators, going up by a few hundred units, which means to tell you that we’re still using around the same percent of all of our ventilators even though the number [of ventilators] is going up,” Harris said. “So we know that there are more patients on ventilators.”

The state health officer said some hospitals in the state are already struggling but others are cooperating to share resources.

“They are really working hard to make sure that they have what they need, and we’re trying very hard, along with the governor’s office, to make sure that Alabama has enough inventory,” Harris said.

Continue Reading

Courts

DOJ makes $14 million available to public safety agencies to respond to COVID-19

Brandon Moseley

Published

on

Thursday, U.S. Attorney Jay E. Town announced that the Department of Justice is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19, which has already killed over 6,000 Americans, including 32 Alabamians.

The Coronavirus Emergency Supplemental Funding program was authorized in the recent stimulus legislation signed by President Donald J. Trump (R). The program will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.

“Law enforcement are – and always have been very best among us. They continue to solidify that fact during this pandemic,” Town said. “It is important that our state and local partners have the resources they need to ensure public safety during this time. These additional resources will allow that to continue.”

Katherine T. Sullivan is the Office of Justice Programs Principal Deputy Assistant Attorney General.

“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”

The solicitation was posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP) and will remain open for at least 60 days. The program can be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. The funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities.

The grant funds may be applied retroactively to January 20, 2020, subject to federal supplanting rules.

Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found here.

Advertisement

For more information about the Coronavirus Emergency Supplemental Funding program click here.

As of press time, there were 1,270 confirmed cases of COVID-19 in Alabama. 32 Alabamians have already died. There have been deaths in Jefferson, Shelby, Mobile, Lee, Madison, Chambers, Washington, Baldwin, Jackson, Tallapoosa, Lauderdale, Marion, Etowah, and Baldwin Counties.

 

Continue Reading

Economy

Fifty major American companies join effort to fight the coronavirus

Brandon Moseley

Published

on

Wednesday, the White House announced that fifty major American firms have answered the White House’s call to join the national war on the coronavirus.

“The private sector is responding to President Trump’s call to step up and help combat the coronavirus,” the White House said Tuesday.

Many of the companies are shifting their focus and even assembly lines to deliver needed supplies to the doctors, hospitals, and first responders against the COVID-19 global pandemic.

Most did so voluntarily and were not coerced by government or threatened with the Defense Production Act.

Major corporations including: Facebook; Anheuser-Busch; Ford; Fiat Chrysler; Toyota; GE Healthcare; 3M; Jockey; Hanes; Ralph; Lauren; GE Healthcare; General Motors; and My Pillow have all stepped up and are contributing to the COVID-19 war effort.

. “While by no means comprehensive, these are some notable examples of the private sector stepping up,” said an administration official.

The National Sheriffs’ Association have cited: Home Depot, Grainger, and Staples as well as a half-dozen national restaurant chains for their help.

Their pleas for help have been “enthusiastically welcomed” by some top corporations, said National Sheriffs’ Association Executive Director and CEO Jonathan Thompson. “What they are doing is more than impressive. It’s heartening,” he said.

Advertisement

My Pillow has dedicated 75 percent of its production to the effort making PPE.

President Trump has highlighted the role that our corporate partners are playing in the COVID-19 effort during his daily coronavirus task force press conferences.

“With our great president, vice president and this administration and all the great people in this country praying daily, we will get through this and get back to a place that’s stronger and safer than ever,” said My Pillow founder and CEO Mike Lindell.

“Joining us this afternoon are CEOs of the great American companies that are fulfilling their patriotic duty by producing or donating medical equipment to help meet our most urgent needs,” Pres. Trump said on Monday. “What they’re doing is incredible. And these are great companies.”

Ford, 3M and GE Healthcare are making ventilators in a joint effort.

Toyota is using their facilities to produce face shields and collaborating with medical device companies to speed up manufacturing of vital medical devices.

General Motors is manufacturing respiratory masks and working with Ventec Life Systems to mass produce ventilators.

Fiat Chrysler is manufacturing and donating more than 1 million protective face masks a month.

Honeywell has doubled their production of N95 masks and intends to increase its capacity 500 percent over the next 90 days.

3M doubled their global output of N95 respirator masks and plans to make 100 million a month.

SpaceX is making hand sanitizer and face shields for local hospitals.

Lockheed Martin donated use of their corporate aircraft and vehicle fleet for medical supply delivery,

Boeing will print 3D face shields for healthcare workers and offer its Dreamlifter aircraft to help coronavirus response efforts.

Anheuser-Busch is working to produce hand sanitizer.

Bayer, Novartis, and Teva Pharmaceuticals donated millions of doses of hydroxychloroquine, an experimental treatment for COVID-19 that has shown some early promise.

·Johnson & Johnson has partnered with the Biomedical Advanced Research and Development Authority (BARDA) to commit more than $1 billion to co-fund vaccine research, development, and clinical testing.

Procter & Gamble is ramping up its production capacity for hand sanitizer, and is working to produce face masks.

Medtronic is increasing its production of ventilators.

Panera Bread is partnering with USDA to serve meals to children throughout Ohio.

Economic developer Dr. Nicole Jones said, “The private sector has the ability to move with incredible speed. Many companies already own the equipment that can produce various items and have tweaked processes to manufacture products our country needs. For example, clothing companies such as Ralph Lauren, Hanes, and Brooks Brothers are making gowns and masks. Ford and GE combined forces to produce ventilators. Alcoholic beverage companies repurposed what would be normally be discarded into hand sanitizers. All of these are examples of American workers’ willingness to step up at a critical time in United States and world history.”

(Original reporting by the Washington Examiner contributed to this report.)

Continue Reading
Advertisement

Authors

Advertisement

The V Podcast

Facebook

Trending

.