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

Chip Brownlee | The Trace

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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.”

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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.

“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.

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“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.

 

Chip Brownlee is a former political reporter, online content manager and webmaster at the Alabama Political Reporter. He is now a reporter at The Trace, a non-profit newsroom covering guns in America.

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Economy

Unemployment benefits could change for some Alabamians

ADOL will begin the review when the current quarter ends on Oct. 3. 

Eddie Burkhalter

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(STOCK PHOTO)

Some Alabamians receiving unemployment benefits could see changes in those benefits after the Alabama Department of Labor conducts a required quarterly review and redetermines eligibility, the department said Friday. 

The Alabama Department of Labor said in a press release Friday that no action is required by those receiving regular unemployment, Pandemic Unemployment Assistance or Pandemic Emergency Unemployment Compensation. 

ADOL will begin the review when the current quarter ends on Oct. 3. 

“Some may remain eligible for PUA or PEUC, OR they may be required to change to regular unemployment compensation. Weekly benefit amounts may also change. This depends on eligibility requirements,” ADOL said in the release. “Those claimants whose benefit year ends prior to October 3, 2020, will have their claims reevaluated.” 

After the review, if the claimant is determined not to be eligible for regular unemployment compensation, those who qualify may still be able to be paid under PUA or PEUC, and that determination will be made automatically and payment will be issued, the department said in the release. 

Claimants must also continue to certify their weeks.

Many claimants are not receiving benefits because they fail to file their weekly certifications, i.e. requests for payment. ADOL cannot pay benefits for weeks that have not been properly certified. Certifications can be done online at labor.alabama.gov or by calling the appropriate number:

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  • Montgomery – (334) 954-4094
  • Birmingham – (205) 458-2282
  • Not in Local Area – (800) 752-7389

PUA recipients must file their weekly certifications either by telephone or on the PUA app, at pua.labor.alabama.gov.

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Congress

Alabama Republicans praise President Trump’s SCOTUS nomination

“The confirmation process is already proving to be another brutal fight, but I am certain that this is the job for a strong, conservative woman,” Ivey said.

Brandon Moseley

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President Donald Trump, left, and his Supreme Court nominee, Judge Amy Coney Barrett. (WHITE HOUSE PHOTO)

President Donald Trump on Saturday nominated Judge Amy Coney Barrett to the United States Supreme Court, and, if confirmed, Barrett would fill the vacancy created by the death of Associate Justice Ruth Bader Ginsburg.

Trump’s nomination of Barrett was met with near universal praise among Alabama Republicans including Gov. Kay Ivey and a number of other elected officials.

“I commend President Trump’s nomination of Amy Coney Barrett to serve on the United States Supreme Court. Judge Barrett will be focused on interpreting the law, being an arbiter and not a lawmaker, as the Supreme Court demands of its justices,” Ivey said. “Based on her proven career and background, I am confident that Judge Barrett will be articulate and a fair supporter of issues important to Alabamians such as protecting the unborn and our Second Amendment rights, while applying the law impartially.”

Barrett has served as a judge on the U.S. Court of Appeals for the Seventh Circuit since 2017. Before becoming a judge, she was a law professor at Notre Dame Law School and previously clerked for Supreme Court Justice Antonin Scalia.

Ivey said Barrett will embody the precedent established by Ginsburg and further prove that a woman can be a wife, a mother, a person of faith and hold strong personal convictions while still effectively performing the duties required of a justice.

“The confirmation process is already proving to be another brutal fight, but I am certain that this is the job for a strong, conservative woman,” Ivey said. “The people of Alabama overwhelmingly supported President Trump in 2016, and I commend him for performing his constitutional duty of nominating to the Supreme Court and getting the job done that we elected him to do. The late Justice Ginsburg herself noted that even in an election year, ‘a president doesn’t stop being president.’”

Before her death, Ginsburg reportedly made a request that her replacement not be nominated or confirmed until a “new president is installed.” Last week, Ginsburg became the first woman and the first Jewish person to lie in state at the U.S. Capitol.

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President Donald J. Trump and First Lady Melania Trump pay their respects to Associate Justice Ruth Bader Ginsburg Thursday, Sept. 24, 2020, as she lies in repose at the U.S. Supreme Court in Washington, D.C. Justice Ginsburg passed away on Friday, Sept. 18, 2020. (Official White House Photo by Andrea Hanks)

“I eagerly anticipate Judge Barrett’s confirmation, and I look forward to continuing to forge a strong relationship between President Trump and the state of Alabama during his next term,” said Ivey.

Democratic Senators, though they do not appear to have the votes to stop Barrett’s nomination, are vociferously opposed to confirming a new justice before the Nov. 3 election determines whether Trump will serve as second term.

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Democrats point to what they say is the hypocritical position of Senate Majority Leader Mitch McConnell, who refused to hold hearings or a vote on President Barack Obama’s nominee, Judge Merrick Garland, in 2016.

All but two Republican senators appear prepared to vote for Barrett’s confirmation, all but assuring her a seat on the court and solidifying a 6-3 conservative majority.

“I am extremely pleased with President Trump’s selection in nominating Judge Barrett to the Supreme Court,” said Sen. Richard Shelby, R-Alabama. “From her clerkship for the late Justice Scalia to her tenure on the 7th Circuit, Judge Barrett has had a distinguished career and has proven her commitment to the rule of law. Our next Supreme Court Justice must be a steadfast supporter of upholding our nation’s Constitution. I have no doubt in Judge Barrett’s qualifications, and I look forward to supporting her nomination.”

Alabama Sen. Doug Jones, a Democrat, has said he will not vote for any nominee until the results of the Nov. 3 election are decided.

Alabama Republican Party Chairman Terry Lathan:

“President Trump has nominated a superior candidate for our nation’s highest court. Judge Amy Coney Barrett is a solid constitutional jurist who has distinguished herself both on the bench during her time on the 7th Circuit Court of Appeals, in academia as a law professor at the University Notre Dame and as a clerk for the late Supreme Court Justice Antonin Scalia,” Lathan said. “Judge Barrett’s focus on following the Constitution is apparent in her opinions, in cases ranging from the 2nd Amendment to immigration. Even three Democrat Senators – Joe Manchin of West Virginia, Tim Kaine of Virginia and Joe Donnelly crossed party lines in 2017 to support her first nomination to the bench.”

“A mother of seven, including two adopted children from Haiti, Supreme Court nominee Barrett has been called a ‘powerhouse’ constitutionalist,” Lathan continued. “Her consistent rulings on applying laws to the words of our U.S. Constitution is the exact example of what the justices are tasked with in implementing their rulings. Based on qualifications and experience alone, Judge Barrett’s nomination merits a vote by the full United States Senate.”

Congressman Gary Palmer:

“President Trump has made an excellent choice in nominating Judge Barrett to the Supreme Court, and I extend my heartfelt congratulations to her and her family,” Congressman Gary Palmer, R-Alabama, said. “Judge Barrett has a stellar record of faithfully interpreting the law, training young lawyers, producing brilliant scholarship, and upholding the Constitution. Her devotion to her family, and her dedication to her students during her years as a law professor, are also commendable. There is no question that she is highly qualified and will make a fantastic Justice. I urge the Senate to confirm her quickly.”

Senate candidate Tommy Tuberville:

“I am so excited about President Trump’s nomination today of Judge Amy Coney Barrett to the U.S. Supreme Court,” said Republican Senate candidate Tommy Tuberville. “She understands that’s it’s her job to interpret the Constitution as it’s written and not to manufacture new law from the bench. Her nomination opens the door to protecting unborn life, preserving our Second Amendment gun rights, and securing the religious freedoms guaranteed to us by the Constitution.”

“My opponent, Democrat Doug Jones has a very different opinion,” Tuberville continued. “He’s already announced his opposition to any candidate offered by President Donald J. Trump, and he said even meeting and listening to Judge Barrett would be useless. When it comes to giving fair consideration to President Trump’s Supreme Court nominee, Doug Jones is a lost ball in high cotton. But that comes as no surprise. He voted against Brett Kavanaugh and said he would have opposed Neil Gorsuch if he’d been in the Senate at the time. Democrat Doug even voted twice to remove Donald J. Trump from office. Since becoming our placeholder senator, Doug Jones has opposed everything most Alabamians support and supported everything most Alabamians oppose. Instead of representing our conservative Alabama values, he’s represented the Hollywood and New York values of his high-dollar, out-of-state campaign donors.”

“There’s no telling what kind of dishonest tactics Doug Jones, Chuck Schumer, Kamala Harris and the other Senate liberals will use against a woman who is imminently qualified to sit on our nation’s highest court,” Tuberville warned. “So I’ll close by asking you to join me in praying for Judge Barrett and her family as she faces what promises to be a tough and partisan confirmation hearing. With your prayers and support, America will soon have a strongly conservative Supreme Court, and Alabama will have a new senator who actually represents the citizens of this great state. May God bless Judge Barrett. May God bless President Donald Trump. And may God continue to bless the greatest nation mankind has ever known.”

Congressional candidate Barry Moore:

“I applaud the President for making this nomination now, as the Constitution mandates,” said Congressional candidate Barry Moore. “I’m confident that the Senate will also take up Judge Barrett’s nomination in a timely fashion and not delay the process until after the election. The Constitution doesn’t state anything about waiting until after an election to fill Supreme Court vacancies, despite what the Democrats want us to think.”

“I’m pleased that President Trump has chosen a strong pro-life woman for the Supreme Court,” Moore continued. “I’m also impressed by Judge Barrett’s credentials and experience. I am certain she’ll make an exceptional addition to the Supreme Court, and will serve us well for many years to come.”

“We, as a nation, must act now by praying for President Trump, Judge Barrett and their families,” Moore concluded. “They need to have a shield of favor and protection prayed over them. I truly believe we are in a spiritual battle for our nation and the Democrats will stop at nothing to destroy the character of Judge Barrett, as they’ve done for the last 4 years with President Trump.”

Alabama House Majority Leader Nathaniel Ledbetter

“I join the members of the Alabama House Republican Caucus in praising President Trump’s decision to nominate Judge Amy Coney Barrett to the vacancy on the U.S. Supreme Court,” said Alabama House Majority Leader Nathaniel Ledbetter, R-Rainsville.

“Judge Barrett clerked for one of the court’s greatest conservative jurists, Judge Antonin Scalia, and she understands that her job is to interpret the Constitution as the founding fathers wrote it, not to invent new law out of thin air,” Ledbetter said. “The suit against Alabama’s strongest-in-the-nation pro-life law is currently working its way through the federal courts, and it could be argued before the U.S. Supreme Court in the near future. Having a conservative majority on the nation’s highest court will be essential to the Alabama Legislature’s efforts to protect unborn life from harm. We encourage the Senate to hold confirmation hearings as soon as possible and to hold an up-or-down vote on Judge Barrett’s nomination immediately after they conclude.”

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National

23rd Alabama inmate dies with COVID-19

There have been 409 total positive COVID-19 cases among inmates and 392 total among employees as of Sept. 26.

John H. Glenn

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(STOCK PHOTO)

The Alabama Department of Corrections on Friday reported the 23rd COVID-19 death among inmates in the state’s prisons.

Christopher Nalls, a 59-year-old inmate serving a 15-year sentence, died Sept. 10 at a local hospital in Hamilton, Alabama.

Nalls was moved to the local hospital on Aug. 31 to receive treatment for pre-existing health conditions unrelated to COVID-19.

His admission test upon entering the hospital was negative, and after treatment, Nalls was discharged Sept. 4.

Upon return, Nalls’s condition worsened, and he was readmitted Sept. 10. He died later that same day. A postmortem COVID-19 test showed Nalls died with COVID-19.

ADOC did not report any other positive COVID-19 cases among inmates in correctional facilities. But in the same report Friday, ADOC reported six new positive cases among staff, bringing the staff total to 28 active cases.

ADOC’s Office of Health Services initiated investigations into possible prolonged exposures between positive staff members and inmates or employees.

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There have been 409 total positive COVID-19 cases among inmates and 392 total among employees as of Sept. 26.

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Courts

Sen. Doug Jones won’t support SCOTUS nominee before Nov. 3 election

“Certainly, power grabs are not uncommon in our political system, but few are accompanied by such blatant hypocrisy as we are witnessing now,” Jones said.

Eddie Burkhalter

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Incumbent U.S. Sen. Doug Jones during a livestreamed press briefing. (VIA DOUG JONES CAMPAIGN)

Sen. Doug Jones, D-Alabama, on Friday said he would not support any nominee to the U.S. Supreme Court before the outcome of the Nov. 3 election is determined. 

Speaking during a livestreamed briefing, Jones said that while Republicans appear to have enough votes to replace the late Justice Ruth Bader Ginsburg, he will not be a party to denying the people a voice in the process in the election of the next president “in just under 44 days.” 

President Donald Trump said Saturday that he plans to nominate Amy Coney Barrett to replace Ginsburg, who on Friday became the first woman, and first Jewish person, to lie in state at the U.S. Capitol. 

Several Republicans who voiced opposition to President Barack Obama’s nomination of Judge Merrick Garland to the Supreme Court more than 10 months before the 2016 election have reversed course, and now say they support Trump nominating a selection with election day just a little more than a month away. 

“Certainly, power grabs are not uncommon in our political system, but few are accompanied by such blatant hypocrisy as we are witnessing now,” Jones said. “In fact, I believe that the level and intensity of hypocrisy being displayed by Senator McConnell and the president, with regard to the rush to confirm Justice Ginsburg’s successor, is unmatched in the history of our constitutional government.” 

Jones said what McConnell and other Republicans should be focusing on instead is getting another round of much-needed COVID-19 aid to small businesses and people impacted by the pandemic. 

“Rather than pushing this confirmation to the top of the Senate calendar, the majority leader should turn his focus instead to protecting the lives and livelihoods of the American people. We should pass a new bipartisan COVID-19 stimulus package to give Americans and businesses the relief that they desperately need, and that economists say if required to shore up the economy now,” Jones said. 

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Jones expressed concern as well for what medical experts are warning could be a new spike in COVID-19 nationwide. 

“There could be an even greater urgency, if our health care professionals’ warnings come to pass,” Jones said. “And that is as temperature drops and people go indoors that this virus spikes, and we see another surge.” 

Asked why his opponent, Tommy Tuberville, won’t debate Jones, he said, “It’s pretty simple. He doesn’t know what he’s talking about.”  

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“He has no clue. He is Coach Clueless,” Jones said. 

Jones noted that when asked recently on his thoughts on extending the John R. Lewis Voting Rights Act of 2020, Tuberville stumbled through an answer that indicated he wasn’t sure what the Voting Rights Act was.

“He had no earthly idea,” Jones said. 

Jones said Tuberville isn’t going to debate him because Tuberville doesn’t want to talk about issues.

“He doesn’t want to talk about a plan. His plan is simply this: Whatever Donald Trump says, I’m good,” Jones said, “and if Donald Trump says or does something that is not good, it’s crickets coming from Coach Tuberville.” 

Jones noted that after multiple news outlets, including Fox News, confirmed reporting that Trump had said disparaging things about veterans who died in combat, Tuberville has not spoken out against Trump’s comments. 

Jennifer Griffin, senior national security correspondent for Fox News, reported that she has spoken to senior U.S. officials who backed up reporting by The Atlantic, and said Trump said of the Vietnam War “anyone who went was a sucker.” 

“He has not said a thing about what was confirmed by Fox News about the president’s comment,” Jones said of Tuberville. “That’s just disgraceful.”

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