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BCA big primary bet not paying off so well 

Bill Britt

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via BCAtoday.org

Once, an endorsement from the Business Council of Alabama was a clear indication of the frontrunner in a political race, but this changed dramatically during the June 5 primary with BCA losing several high profile races while squandering vast sums of money on losing candidates.

Embattled BCA CEO Billy Canary bet big but ended up with little more than winning incumbents who faced no challenge or a weak opponent who would have won with or without BCA’s backing. Other big-name races have BCA endorsed candidates in bare-knuckle runoffs with uncertain outcomes.

BCA made nearly $1.4 million in campaign contributions over the last six months, with over 20 percent going to the Attorney General’s battle. Sources close to BCA say Canary isn’t worried because Vice Chair of the Poarch Creek Indians Robbie McGhee is promising to keep gaming money flowing into the business organization’s account.

“We are BCA,” claims Indian Tribal Council Vice Chair

BCA put $260,000 behind Attorney General Steve Marshall, an appointee of disgraced former Gov. Robert Bentley. Marshall will go head-to-head with former Attorney General Troy King in the Republican runoff on July 17. Several business leaders speaking on background say they are switching to King, expressing doubts about Marshall’s chances in July.

In the Republican Lt. Governor’s race, BCA favored PSC President Twinkle Cavanaugh over State Rep. Will Ainsworth, but Ainsworth came on strong at the end, leading to a runoff.

Rick Pate, BCA’s handpicked candidate to run against State Senator Gerald Dial for Agriculture and Industry Commissioner, finds himself in a runoff with the well-known senator.

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BCA also funded Gov. Kay Ivey appointee Chief Justice Lyn Stuart, who was rejected by Republican voters in favor of Associate Justice Tom Parker. The same was true for Terri Thomas who lost her bid for the Court of Civil Appeals to Chad Hanson. The once unstoppable business group also took another shellacking for the State Board of Education District 8.

Perhaps the two more embarrassing defeats of the night were in the down-ballot contest, where BCA worked to defeat incumbent State Rep.Tim Wadsworth who bested BCA funded Richard “Bull” Corry in House District 14. Another humiliating defeat was in Senate District 25, where newcomer Will Barfoot trounced Montgomery County Commissioner Ronda Walker. BCA flamed out in other hotly contested legislative battles.

With losses in nine legislative contests and nearly a dozen BCA backed candidates facing runoffs, Canary is not having the kind of primary season he promised his board. Canary will need to drain BCA’s dwindling coffers further to post even a few wins in July. At a time when the once prominent organization faces defection from its most prominent members, Canary’s dismal showing in the primaries serves as a reminder of his diminished stature since his greatest ally, Speaker Mike Hubbard, was convicted on 12 felony counts of violating the State’s Ethics Act.

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Canary and BCA President Perry Hand are dismissing calls for Canary’s removal, but growing dissatisfaction and an investigation into Hand’s engineering firm, Volkert Inc., may prove more than the pair can bear.

Charlie Walker contributed to this report. 

 

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Courts

Justice Ginsburg’s death will supercharge a heated 2020 campaign

The passing of one of the court’s most liberal justices so close to the Nov. 3 general election has set off a political firestorm as to what president should pick the next justice — President Donald Trump or Joe Biden, should he defeat Trump in November.

Brandon Moseley

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President Donald Trump, left, and former Vice President Joe Biden, right, are running for president in 2020. (STAFF SGT. TONY HARP/AIR NATIONAL GUARD AND GAGE SKIDMORE/FLIKR)

Just hours after the death of 87-year-old Supreme Court Justice Ruth Bader Ginsburg on Friday, conservatives, including the Alabama-based Foundation for Moral Law, said Ginsburg’s passing is an opportunity to reverse the ideological trend of the nation’s highest court.

The passing of one of the court’s most liberal justices so close to the Nov. 3 general election has set off a political firestorm as to what president should pick the next justice — President Donald Trump or Joe Biden, should he defeat Trump in November.

The controversy over when and how to confirm a new justice will likely supercharge an already heated 2020 election campaign. Trump was at a campaign rally on Friday night when he learned about the justice’s death from reporters.

“Just died? Wow, I did not know that,” Trump said. “She was an amazing woman. Whether you agreed or not she led an amazing life. She was an amazing woman. I am sad to hear that.”

Ginsburg, since her appointment by President Bill Clinton, has been bastion of the court’s more liberal wing. The court was divided with four “liberal” justices led by Ginsburg and four “conservative” justices led by Samuel Alito.

Chief Justice John Roberts, though appointed by President George W. Bush, has been the swing vote on a number of major issues since the retirement of Justice Anthony Kennedy in 2018. Her death gives Trump the opportunity to appoint her replacement and potentially shape the direction of the court for decades to come.

Conservatives want Trump to select the nominee and the current GOP-controlled Senate to confirm the Trump appointee.

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The Foundation for Moral Law — a conservative legal group founded by former Alabama Chief Justice Roy Moore — released a statement saying that Ginsburg’s passing is an opportunity to move the court in a more conservative direction.

“For many years United States Supreme Court has been a bastion for liberal anti-God ideology,” Moore said. “The passing of Justice Ruth Bader Ginsberg will be an opportunity to reverse this trend. I’m hopeful that President Trump will immediately nominate a true conservative who understands that our rights come from God and no authority in this country can take those rights from us.”

“This is a very critical time for our country and our future and the future of our posterity depends upon our vigilance and direction,” Moore said.

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Judicial Watch, another conservative legal group, echoed Moore’s statement.

“Judicial Watch sends it condolences to the family of Justice Ruth Bader Ginsburg. She had a wonderful judicial temperament that will always be remembered,” said Judicial Watch President Tom Fitton. “President Trump now has a historic opportunity to nominate yet another constitutional conservative who will honor the Constitution and the rule of law across the full spectrum of constitutional issues.”

“And the U.S. Senate should move quickly to work with President Trump to consider and approve a new justice who will faithfully apply the U.S. Constitution,” Fitton said. “There is no reason we cannot have a new justice by Election Day.”

Trump is expected to put forth a nominee to fill Ginsburg’s seat in the coming days, according to ABC News.

Senate Majority Leader Mitch McConnell, R-Kentucky, wrote in a statement that, “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

But Democratic senators and Senate Minority Leader Chuck Schumer, D-New York, disagree.

“The American people should have a voice in the selection of their next Supreme Court Justice,” Schumer wrote on social media Friday, parroting a similar quote McConnell used in 2016 when he refused to give then-President Barack Obama’s nominee, Merrick Garland, hearings and a vote for confirmation to the court. “Therefore, this vacancy should not be filled until we have a new president.”

Republicans in the Senate blocked Obama from selecting Justice Antonin Scalia’s replacement. Scalia was the most conservative jurist on the court.

Ginsburg was a staunch supporter of abortion rights and voter protections, and she played a major role in upholding Roe v. Wade, the Supreme Court decision protecting abortion rights. She also voted in favor of same-sex marriage and to uphold the constitutionality of the Affordable Care Act.

Most political observers expect Trump to appoint a woman to fill Ginsburg’s spot. Political insiders have suggested that Trump believes that appointing a woman to the court could help him with woman, a key swing demographic that will likely decide the next election.

Will the Senate confirm Trump’s appointment before the election or wait until after the public votes? If Republicans lose control of the Senate, could a lame duck GOP majority select the direction of the court on their way out?

Alabama Sen. Doug Jones has been widely criticized for his vote against the confirmation of Justice Brett Kavanaugh. If the vote comes before the Nov. 3 election, Jones’s decision on whether to confirm Trump’s appointee will be heavily scrutinized.

The questions about the Supreme Court is likely to only further inflame passions on both sides this election cycle.

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Elections

Prisoners quarantined at formerly closed prison kept in unconstitutional conditions, groups say

Conditions are so bad that inmates have been forced to urinate and defacate on themselves because restrooms are not accessible, the complaint alleges.

Eddie Burkhalter

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The male intake area at an ADOC facility. (VIA ADOC)

The Alabama Department of Corrections is violating the constitutional rights of inmates being quarantined in deplorable conditions in the previously decommissioned Draper prison, several civil rights groups wrote in a letter to the state’s prison commissioner.

The ACLU of Alabama, the Southern Center for Human Rights, Alabama Appleseed and other groups in a letter to Alabama Department of Corrections Commissioner Jeff Dunn on Thursday detail those conditions, which include no indoor toilets or running water, repeated power outages, deprivation of regular showers and the requirement of incarcerated men to urinate in “styrofoam cups and plastic water” bottles.

“These conditions fail to meet the most basic constitutional standards and present a substantial risk of serious harm to people already suffering from a potentially fatal disease,” the letter reads. “We therefore request that you immediately cease using Draper to house and/or quarantine COVID-19 patients, and instead house them in medically appropriate settings in accordance with Eighth Amendment standards.”

The groups note that Draper was closed after the U.S. Department of Justice, during its investigation of violence in Alabama prisons, noted Draper as exceptionally “dangerous and unsanitary” with “open sewage” near the entrance, rat and maggot infestations and “standing sewage water on the floors.”

In October 2017, the Justice Department informed ADOC of the department’s shock at the state of the facility and a month later ADOC’s engineer concluded that Draper was “no longer suitable to house inmates, or to be used as a correctional facility,” the letter states.

ADOC reopened a portion of Draper earlier this year to house incoming inmates from county jails being quarantined amid the COVID-19 pandemic, but the civil rights groups note in the letter that ADOC failed to indicate plans to also use a classroom without bathrooms, running water or adequate medical care at Draper to house COVID-19 patients from other state prisons.

The groups allege in the letter that approximately 15 cots are located in the approximately 500 square feet former classroom, where at any given time between 5 and 15 inmates are being kept. The only restroom facilities the men can use are portable bathrooms outside, and the men have to “bang on the classroom windows to get officers’ attention.”

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“Though officers sometimes escort the men when asked, they decline at other times and fail to maintain a schedule; thus, the men do not have access to bathroom facilities when needed,” the letter reads, adding that the men aren’t allowed to use the outdoor restrooms between 10 p.m. and 6 a.m.

“We have further reason to believe that one man was permitted to use the bathroom only three times during a 13-day quarantine. Another man was not taken to the bathroom until his third day at Draper, while another was forced to urinate on himself on multiple occasions after being denied bathroom access,” according to the letter. “One man suffering from diarrhea was forced to wait hours to use the restroom to defecate. Many others could only relieve themselves into styrofoam cups, plastic bottles, portable urinal containers, or trash cans.”

“They had to hold onto urine-filled bottles for hours at a time until they were allowed to leave the classroom to empty them. It is also our understanding that some men held in these conditions did not receive bottles at all; correctional officers simply told these men that they were ‘out of luck,’” the letter continues.

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The letter also details instances of alleged inadequate medical care, including a man who was sent to a local hospital with heart attack symptoms after not receiving his heart medication for several days.

The groups are also unaware of any Inmates leaving Draper who were tested for COVID-19 before being returned to Elmore and Staton prisons, the letter also states.

“We also have reason to believe that many of the symptomatic men at Staton and Elmore have not reported their symptoms to prison staff for fear of being held at Draper in the deplorable conditions described above,” the letter continues.

APR has learned from several sources in recent weeks, who asked not to be identified because they have loved ones in Alabama prisons and are fearful of retributions for speaking out, that many inmates who have symptoms of COVID-19 aren’t reporting those symptoms to prison staff for fear of being quarantined. Those family members are concerned that the disease is spreading much more broadly in Alabama prisons than is known as a result, putting their loved ones at greater risk of contracting the deadly disease.

Many of the concerns expressed in the letter were first reported by AL.com reported on Sept. 13, which found that access to medical care in Draper is limited and the conditions unsanitary.

In a response to AL.com’s questions for that article, an ADOC spokeswoman wrote that inmates at Draper have access to “medical and mental health care, telephones, law library, mail services, and showers.”

“Please remember — Inmates remanded to our custody have been convicted of a crime and handed a sentence to serve time as determined by a court. The unfortunate reality is that he or she, as a result of the crime committed and subsequent conviction, loses his or her freedoms,” ADOC said in the responses.

“This response is unacceptable as a matter of principle, and inadequate as a matter of law,” the letter from the civil rights group states.

“As ADOC knows, the fact of a criminal conviction does not strip incarcerated people of their rights under the Eighth Amendment, nor does it relieve ADOC of its constitutional obligations to the people in its custody, which are to provide them with ‘humane conditions of confinement,’ ‘adequate food, clothing, shelter, and medical care,’ and ‘reasonable safety,’” the letter continues.

On Sept. 16, ADOC reported that there have been 403 confirmed COVID-19 cases among inmates, 21 deaths of inmates after testing positive for COVID-19, and 375 cases among prison staff. Two prison workers have died from COVID-19, ADOC previously said.

As of Sept. 14, there had been 1,954 inmate tests for coronavirus, out of the approximately 22,000 state inmates, according to ADOC.

ADOC on Sept. 16 said that on Thursday the department was to begin rolling out a plan to provide free COVID-19 tests to ADOC staff and contracted healthcare staff using fixed and mobile testing sites.

“In addition, we will test all inmates in facilities that house large numbers of inmates with high risk factors as an enhancement to our current testing protocols,” ADOC said in a press release.

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Elections

Alabama Democrats: Tuberville doesn’t have a plan or experience

Brandon Moseley

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U.S. Senate candidate Tommy Tuberville (VIA TUBERVILlE CAMPAIGN)

The Alabama Democratic Party on Wednesday released a statement slamming Republican Senate candidate Tommy Tuberville for not commenting on Hurricane Sally.

Tuberville is challenging U.S. Sen. Doug Jones, D-Alabama, in the Nov. 3 general election.

“Tommy Tuberville said he didn’t have a clue how to address the deadly COVID-19 pandemic, so it isn’t surprising that he hasn’t offered a single word for the Gulf Coast in the face of a life-threatening storm,” said Wade Perry, the executive director of the Alabama Democratic Party. “He doesn’t have a plan or the experience to tackle an actual crisis. Unlike our own U.S. Senator Doug Jones.”

The Jones campaign has seized on the “Tommy Tuberville does not have a clue” narrative, trying to make the argument that Tuberville, a career football coach who has never held a public office before, lacks the experience necessary to represent the people of Alabama in the U.S. Senate.

Jones used that line several times at a Labor Day appearance in Leeds.

“Senator Jones was on the ground in Lee County after devastating tornadoes and worked across party lines to secure emergency relief for farmers and families in the Wiregrass,” Perry said. “He will always be there to help Alabamians navigate a crisis and save lives— he always has, and always will.”

The Tuberville campaign disputed the ADP narrative.

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Hurricane Sally devastated Dauphin Island in Mobile County as well as Gulf Shores, Orange Beach, and Fort Morgan in coastal Baldwin County when it came ashore as a category two hurricane with 105 miles per hour winds.

Sally then inundated South Alabama, West Florida and Georgia with heavy rain, leading to localized flooding. Several roads were closed on Thursday across South Alabama due to flooding including in Troy, Andalusia and Opp.

Almost 200,000 Alabama homes lost power due to the storm. Alabama Power crews are still working to restore power to customers who lost power.

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Jones defeated former Chief Justice Roy Moore in a 2017 special election. This was the only time that a Democratic candidate had won any statewide race in Alabama since 2008.

Jones and his allies led an effort to topple the then-existing leadership of the Alabama Democratic Party in 2019. The new chairman of the Alabama Democratic Party, State Rep. Christopher England, D-Tuscaloosa, is trying to make the case that times have changed and the state has two viable political parties.

Republicans are targeting Jones, a Democratic senator representing a very red state. Democrats are hopeful that they can hold Jones’ seat and take control of the U.S. Senate.

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Elections

Secretary of State extends absentee voting for Senate District 26 special election

Staff

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(STOCK PHOTO)

Secretary of State John Merrill has officially extended the opportunity for anyone concerned about COVID-19 to apply for and cast an absentee ballot for the Senate District 26 special election.

The special primary election for Senate District 26 will be held on Tuesday, Nov. 17. If necessary, a runoff election will be held on Tuesday, Dec. 15. The general election will be held on Tuesday, March 2, 2021.

Any qualified voter who determines it is impossible or unreasonable to vote at their polling place shall be eligible to check the box on the absentee ballot application that is most applicable to that individual.

State law allows the secretary of state to issue absentee voting guidance during declared states of emergency, allowing Merrill to encourage voters to check the box which reads, “I have a physical illness or infirmity which prevents my attendance at the polls. [ID REQUIRED]” unless another box applies.

For the Nov. 17 primary election, the deadline to apply for an absentee ballot is Thursday, Nov. 12. If delivered by hand, absentee ballots must be returned by Monday, Nov. 16. If delivered by mail, absentee ballots must be postmarked by Monday, Nov. 16.

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