Connect with us

News

Ivey, many Alabama leaders praise choice of Brett Kavanaugh for the Supreme Court

Brandon Moseley

Published

on

On Monday, Governor Kay Ivey and other Alabama leaders released statements regarding President Donald Trump’s nomination of Judge Brett Kavanaugh to the United States Supreme Court.

“I applaud President Trump for his nomination of Judge Brett Kavanaugh to the Supreme Court,:” Gov. Ivey said. “Judge Kavanaugh clearly understands the proper role of a judge is to interpret the law as it is written and apply the law impartially. It is imperative that judges adhere to the Constitution and resist judicial activism.”

“As a justice on the U.S. Supreme Court, Judge Kavanaugh will have the opportunity to set valuable precedents for lower court judges all over the country to follow,” Gov. Ivey said. “Another conservative justice on the U.S. Supreme Court who honors the original intent of the Constitution will have a positive impact on our country for decades. I look forward to following the U.S. Senate confirmation process.”

Alabama Republican Party Chairman Terry Lathan also released a statement supporting the nomination.

“The Alabama Republican Party congratulates Judge Brett Kavanaugh on his nomination to the United States Supreme Court by President Trump,” Chairman Lathan said. “A former legal counsel to President George W. Bush, clerk for Supreme Court Justice Anthony Kennedy, 1990 Yale Law School graduate, and a current judge for the D.C. Circuit U.S Court of Appeals, Brett Kavanaugh is a wise choice for Supreme Court Justice. While the Democrats will try anything in their power try and block Judge Kavanaugh’s confirmation, it is important to note his 2006 U.S. Senate nomination confirmation to the D.C. Circuit U.S. Court of Appeals. Four Democrats crossed party lines to vote yes for his confirmation. Known for having a textualist and originalist approach to interpreting the U.S. Constitution, Judge Kavanaugh will serve our nation well on the bench of the U.S. Supreme Court. In light of these points of interest, and for the sake of the future of our nation, the Alabama Republican Party calls on all members of the U.S. Senate, including Senator Doug Jones, to vote ‘yes’ in confirming Judge Kavanaugh to the United States Supreme Court.”

U.S. Senator Richard Shelby (R-Alabama) said in a statement, “President Trump has made an excellent choice in nominating Judge Kavanaugh to the Supreme Court. He has impressive credentials, and I look forward to meeting with him to further consider his qualifications and commitment to upholding our Constitution as it is written. This nomination is one of the most important items that we will consider this year. I am hopeful that Judge Kavanaugh’s confirmation process will be fair and timely.”

U.S. Representative Martha Roby (R-Montgomery) said, “This is truly a historic moment in our nation, and I applaud President Trump’s decision to nominate Judge Brett Kavanaugh to serve on the Supreme Court. Judge Kavanaugh is a conservative, experienced jurist who I believe will be a strict constitutionalist on the bench. I’m hopeful his nomination will give us an opportunity to shift the balance of the Court in favor of the pro-life movement for years to come. I’m confident that Judge Kavanaugh will serve the Court and the American people admirably, and I am eager to see the Senate quickly begin the confirmation process.”

Public Service Announcement


Public Service Commission President Twinkle Andress Cavanaugh (R) said, “President Trump has made another tremendous selection in nominating Judge Kavanaugh to the Supreme Court, Our next Supreme Court Justice must be a steadfast supporter of the rule of law. There is no doubt that Judge Kavanaugh will be a faithful servant to our Constitution, as his demonstrated record of bold conservatism proves. I enthusiastically look forward to supporting his nomination and urge the United States Senate to confirm him.”

“As a fair legal mind, defender of the Constitution, and a judge on the D.C. Circuit, Brett Kavanaugh is prepared for a seat on the Supreme Court,” Congressman Bradley Byrne (R-Montrose) said. “I support President Trump’s nominee, and I hope the Senate will move expeditiously to confirm Judge Kavanaugh, a high quality and uniquely qualified nominee.”

President Cavanaugh added, “Senator Jones has a choice between radical liberal scare tactics and the rule of law; between Nancy Pelosi and Chuck Schumer’s band of obstructionists and our conservative values. The people of Alabama will demand that Senator Jones vote to confirm Judge Kavanaugh to the Supreme Court.”

“This is exactly why I went door-to-door campaigning for President Trump,” Cavanaugh said. “He is keeping his promises to the American people. We now have an opportunity, for the first time in a generation, to have truly conservative Supreme Court decisions. I pray that Judge Kavanaugh will be the Justice that tips the balance of the Supreme Court to end the atrocity that is Roe v. Wade.”

Cavanaugh is running for Lieutenant Governor in the July 17 Republican primary.

Judge Kavanaugh has served for over a decade as a federal judge on the U.S. Court of Appeals for the D.C. Circuit. He currently serves as the Samuel Williston Lecturer in Law at Harvard Law School. After graduating with honors from Yale College in 1987, Judge Kavanaugh completed Yale Law School in 1990, where he was a Notes Editor on the Yale Law Journal. He clerked for Justice Anthony Kennedy of the Supreme Court, Ninth Circuit Judge Kozinski, and Third Circuit Judge Walter Stapleton. Kavanaugh worked for Special Prosecutor Ken Starr and he was the author of most of the Starr Report. He worked for five years in the White House for President George W. Bush (R) who appointed him to the federal bench in 2006.

It is the constitutional responsibility of the U.S. Senate to provide “advice and consent” to the President on all executive nominations, including judges to federal courts, appeals courts, and the Supreme Court.

Alabama Senator Doug Jones (D) would not commit on whether he will vote for the confirmation of Kavanaugh or not. Jones said on CNN I’m going to make an independent decision.”

With Senator John McCain (R-Arizona) unlikely to be healthy enough to vote on the confirmation, a defection by any rogue Republican Senator (Lisa Collins of Maine or Rand Paul of Kentucky perhaps) a Democratic Senator could decide whether or not Kavanaugh is confirmed or not. Three Democrats voted to confirm Neil Gorsuch to the Supreme Court.

“Judge Kavanaugh is exceptionally well qualified to sit on the U.S. Supreme Court – and like Neil Gorsuch, he will be subjected to a smear campaign by those on the Left who are addicted to the imposition of social policy by judicial decree,” commented Douglas Johnson, senior policy advisor to National Right to Life.

Alabama Republican Party Executive Committee member and former state Representative Perry Hooper Jr. said, “President Trump’s Nomination of Judge Brett Kavanaugh to the U.S. Supreme Court was Brilliant. My Dad was the first Republican Justice and Chief Justice elected to the Alabama Supreme Court in 1994. His Message was that a Judge Should Interpret the Law and not make the Law. That message was articulated tonight by Judge Kavanaugh. He is also a wonderful Family Man and a Dad that coaches Youth Sports. This is a great appointment!”

Congresswoman Terri Sewell (D-Selma) is opposing Kavanaugh’s confirmation. “Today is the 150th birthday of the 14th Amendment. There’s no better way to celebrate and protect the legacy of Brown v. Board, Loving v. Virginia, and Baker v. Carr than speaking out to #StopKavanaugh.”

The White House says that they hope that Kavanaugh will be confirmed by October 1.

Kavanaugh’s arguments have been quoted numerous times by the U.S. Supreme Court in Court opinions.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

Advertisement

National

America celebrates Independence Day

The United States celebrates its independence from Great Britain every year on July 4.

Brandon Moseley

Published

on

The United States celebrates its independence from Great Britain every year on July 4.

On July 4, 1776, the Declaration of Independence was ratified by the Second Continental Congress. This is a national and state holiday that is celebrated with fireworks, family gatherings, concerts of patriotic music and is traditionally the height of the summer holiday season.

The Declaration of Independence defined the rights of man and the relationship between government and the governed. It also stated the colonists grievances with the distant British government and explained why independence was both justified and necessary.

“When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation,” the Declaration reads.

The principal writer of the Declaration of Independence was Thomas Jefferson, who would go on to be the wartime governor of Virginia, vice president and the third president of the United States.

As brilliant as the Declaration of Independence is, independence was not won by words alone — but by the sacrifices of the men and women who sacrificed on and off the battlefields of Concord, Lexington, Bunker Hill, Quebec, Charleston, Trenton, Saratoga, Valley Forge, Kings Mountain, Cowpens, Guilford Court House, Yorktown and countless more to win the nation’s independence.

That ragtag, often poorly equipped and underfed army was led by General George Washington. Washington would go on to be the head the Constitutional convention and the first president of the United States, serving two terms.

Public Service Announcement


Both Washington and Jefferson are immortalized on Mount Rushmore as two of the greatest presidents.

An estimated 25,000 Americans were killed fighting the Revolutionary War. The British forces lost over 10,000 troops including many Americans who opposed independence and fought and died for the British crown. An estimated 58,000 crown Loyalists would leave this country over their loyalty to the British crown. Many of them settled in Canada.

“Today, we celebrate our Nation’s independence and the vision of our Founding Fathers revealed to the world on that fateful day, as well as the countless patriots who continue to ensure that the flames of freedom are never extinguished,” President Donald Trump said in the annual presidential July 4 message.

Continue Reading

National

ADPH urges Alabamians to have “safer-at-home” July 4th celebrations

This year, amid a global pandemic, the Alabama Department of Public Health is urging Alabamians to celebrate at home to avoid catching or spreading the virus.

Brandon Moseley

Published

on

Saturday is the Fourth of July, a day when many families hold elaborate celebrations with their friends. It is a time for friends, family, fireworks, barbecue, celebrating our nation’s independence and enjoying the summer weather.

But this year, amid a global pandemic, the Alabama Department of Public Health is urging Alabamians to celebrate at home to avoid catching or spreading the virus.

“Independence Day is a wonderful celebration for all Americans,” the ADPH said on their website. “As we move toward this major holiday, we want to share some recommendations and reminders for local governmental officials.”

The novel strain of the coronavirus is the largest pandemic to deeply impact this country in a century. At least 57,236 Americans were diagnosed with the virus on Thursday alone and 131,533 Americans have died, including 983 Alabamians.

A few simple steps can greatly reduce your chances of being exposed and exposing others to COVID-19. Everyone should practice good hygiene, cover coughs and sneezes, avoid touching your face and wash hands often. Avoid close contact with people who are sick, even inside your home, and maintain a distance of at least 6 feet from others not in your household.

The use of cloth face coverings or masks when in public can greatly reduce the risk of transmission, particularly if the infected individual wears a mask. Many people are contagious before they begin to show symptoms — or may never develop symptoms but are still able to infect others.

The ADPH emphasized that there is currently no vaccine to prevent COVID-19, so the best way to prevent illness is to avoid being exposed to it.

Public Service Announcement


The Centers for Disease Control and Prevention also warns that everyone should avoid large gatherings.

This CDC video explains more about how large gatherings can spread the virus.

According to ADPH, there are no specific treatments for illnesses caused by human coronaviruses at this time.

There is ongoing medical research regarding treatment of COVID-19. Although most people will recover on their own, you can do some things to help relieve your symptoms, including taking medications to relieve pain and fever, using a room humidifier or take a hot shower to help ease a sore throat and cough and drinking plenty of fluids if you are mildly sick. Stay home and get plenty of rest.

Alabama is experiencing a surge in coronavirus cases in the month of June and into early July.

The state reported at least 1,758 positive cases on Friday alone, the most since the pandemic began. In the past seven days, 7,645 cases have been reported, the most of any seven-day period since the pandemic began.

The seven-day rolling average of new cases — used to smooth out daily variability and inconsistencies in case reporting — surpassed 1,000 for the first time Friday.

Since the first coronavirus case was identified in Alabama in early March, 41,362 Alabamians have tested positive for COVID-19, according to the Alabama Department of Public Health.

 

Continue Reading

Health

Alabama reports 1,750 new COVID-19 cases ahead of July 4th

The seven-day average of cases per day surpassed 1,000 for the first time Friday.

Brandon Moseley

Published

on

Since the first coronavirus case was identified in Alabama in early March, 41,362 Alabamians have tested positive for COVID-19.

Heading into the Fourth of July holiday weekend, Alabama is reporting more cases of COVID-19 than ever before as hospitalizations continue a worrisome surge and the state’s death toll rises.

Since the first coronavirus case was identified in Alabama on March 30, 41,362 Alabamians have tested positive for COVID-19, according to the Alabama Department of Public Health.

The state reported at least 1,758 positive cases on Friday alone, the most since the pandemic began. In the past seven days, 7,645 cases have been reported, the most of any seven-day period since the pandemic began.

The seven-day rolling average of new cases — used to smooth out daily variability and inconsistencies in case reporting — surpassed 1,000 for the first time Friday.

Ahead of the holiday, the Alabama Department of Public Health is urging Alabamians to celebrate at home due to the coronavirus crisis.

On Friday, the Alabama Department of Public Health announced that another 22 Alabamians have died from COVID-19 just in the last 24 hours. That takes the state’s COVID-19 death toll to 983. Of those, 96 died in the last week alone (June 27-July 3).

Public Service Announcement


A few simple steps can greatly reduce your chances of being exposed and exposing others to COVID-19. Everyone should practice good hygiene, cover coughs and sneezes, avoid touching your face and wash hands often. Avoid close contact with people who are sick, even inside your home, and maintain a distance of at least 6 feet from others not in your household.

The use of cloth face coverings or masks when in public can greatly reduce the risk of transmission, particularly if the infected individual wears a mask. Many people are contagious before they begin to show symptoms — or may never develop symptoms but are still able to infect others.

Alabama reported an additional 22 deaths Friday, bringing the state’s COVID-19 death toll to 983, according to the Alabama Department of Public Health.

Of those, 96 died in the past seven days alone, or roughly 10 percent of the state’s total death toll. In the past 14 days, 171 people have died, or roughly 17 percent of the state’s death toll.

Even as the number of tests also increases — at least 430,000 have been tested — a larger percentage of tests are coming back positive compared to any other time period, according to the Department of Public Health and APR‘s tracking.

Roughly 15 percent of tests in the past week have been positive.

The large increases come as Alabama Gov. Kay Ivey on Tuesday extended the current “safer-at-home” public health order, which was set to expire Friday, to July 31.

The number of individuals hospitalized with COVID-19 is also at a new high, with at least 843 people hospitalized with the virus on July 2, the most since the pandemic began.

On Monday, in Jefferson County, where cases are increasing rapidly, residents were ordered to wear masks or cloth face coverings in an attempt to slow the spread of the virus. On Tuesday, the city of Mobile also began mandating masks or face coverings. The cities of Tuscaloosa, Montgomery and Selma have also implemented face covering orders.

Of the 7,645 cases confirmed in the last week, 1,321 — or roughly 17 percent — were reported in Jefferson County alone. Nearly 28 percent of Jefferson County’s 4,802 total cases have been reported in the last seven days. Since March, 152 people have died in Jefferson County.

A campaign rally for President Donald Trump that was planned for Mobile on July 11 has been canceled because of the rapidly worsening coronavirus situation there. Mobile County has had 633 newly diagnosed cases in the last week, or roughly 8 percent of the state’s cases this week. Mobile County has had a total of 3,904 cases and 134 deaths over the course of the pandemic.

Montgomery County reported 426 newly diagnosed cases in the last week. Overall Montgomery has had 3,947 total cases and 104 deaths thus far.

Tuscaloosa County has 393 new cases this week. The surging number of cases in Tuscaloosa and Lee Counties — where 276 tested positive this week — could potentially put the 2020 college football season in jeopardy. Tuscaloosa has had a total of 2,188 cases and 42 deaths, while Lee County has a total of 1,302 cases and 37 deaths.

Despite making it through several months with relatively moderate increases, Madison County is also experiencing a surge of new cases in recent weeks — with 407 cases in the last week alone. Madison has had 1,271 cases and seven deaths.

Many people are flocking to the beach for the Fourth of July holiday, where the coronavirus is also surging in Baldwin County with 328 new cases in the last seven days. Baldwin had been largely spared to this point with 828 cases in total and nine deaths. This week’s increase accounts for 40 percent of the county’s total case count.

Alabama is not alone in seeing surging case numbers. Forty of the 50 states reported rising coronavirus cases in the last week. On Thursday, 57,236 new cases were diagnosed and 687 Americans died. The U.S. death toll from the global pandemic has risen to 131,823.

Globally, there have been 11,092,229 cases diagnosed, though the real number is likely much higher. At least 526,450 people have died from COVID-19, and, with 208,860 new cases diagnosed on Thursday alone, there is no sign that this global pandemic will be over any time soon.

Continue Reading

News

Prison worker says excessive pepper spray may have killed inmate

A prison worker says the amount of pepper spray used was excessive, and that officers knowingly and intentionally put the inmate’s life in jeopardy.

Eddie Burkhalter

Published

on

It’s not yet clear what caused the death of 38-year-old Darnell McMillian after he was pepper sprayed inside an Alabama prison last month, but a prison worker says the amount of pepper spray used was excessive, and that officers knowingly and intentionally put his life in jeopardy.

Some time around 6 p.m. on June 22, three correctional officers placed McMillian in suicide cell S-11, with an inmate who was known to be aggressive and who was already on suicide watch, according to a prison worker with knowledge of the incident, who reached out to APR to discuss the death because the person said it troubled them.

The ADOC worker asked not to be identified because the person is still employed with the department.

“He shouldn’t have been doubled up with somebody,” the worker said of the aggressive inmate already in cell S-11. “It was very clear that the person in that cell was threatening.”

The worker said the officers enticed the two men to fight, and once the inmate began threatening McMillian, McMillian took the first swing to hit the man.

The three officers standing outside then deployed a pepper spray called Cell Buster into the cell, the worker said. Cell Buster is a potent spray used by correctional staff and produced by the Chicago-based company Sabre.

“The inmate was yelling that he couldn’t breathe,” the employee said. “One Cell Buster is enough to do a lot of damage. There were three officers present at the time of this, and there were three cans of Cell Busters sprayed.”

Public Service Announcement


The employee said that once McMillian was pulled from the cell, he was almost unconscious and then “went completely unconscious, because he was coughing and aspirating.”

The cell was then cleaned by inmates, except for some spots of blood, which the worker said might make it appear to have been a homicide by the other inmate, but the worker said several staff members at the prison believe the death may have been caused by excessive use of pepper spray.

“He was on his back when they were getting him to the infirmary, which can also cause asphyxiation, especially if he’s coughing and saying he can’t breathe. That spray can make you vomit,” the worker said.

While there are video cameras that record each suicide cell, the worker said they do not believe there is footage from cell S-11 during the time of McMillian’s death. The employee said they’ve been through many incidents in the prison but that “this one seems pretty bad.”

The worker said it’s not clear why the officers encouraged a fight between the other inmate and McMillian, but from experience, the person said some officers will do so when an inmate angers them.

The employee said when they read APR’s first article on McMillian’s death, and there was little information on what happened, they decided to reach out.

“I’d rather share it and put it out there,” the person said. Some details of what the worker said were corroborated by the Jefferson County Coroner’s office.

Jefferson County Coroner Bill Yates told APR on Thursday that McMillian’s final cause of death awaits results from the autopsy, which can take between four and six weeks, but that there did not appear to be any external injuries that could have caused his death.

McMillian was pronounced dead at Donaldson prison at 7:49 p.m. on June 22, Yates said.

Yates, reading from his notes on the incident, said that in the moments before his death, there appeared to be a physical altercation between McMillian and another inmate, and that correctional officers used pepper spray to stop the fight.

“Obviously, Department of Corrections staff is going to step in to stop that, and it’s my understanding that after that, he was having complaints of not being able to breath,” Yates said. “I think they used — there was some pepper spray that was used to stop that, and he immediately went, from our understanding, to the infirmary.”

“From our autopsy, I don’t believe we found any type of trauma that would explain death,” Yates said.

His office is awaiting lab results, to include toxicology and other lab work to determine if drugs or an unknown medical condition may have been factors in his death, Yates said. McMillian didn’t have a history of any heart conditions, but Yates said lab results could reveal one if in fact he had a condition.

Asked if it’s possible to die from exposure to a large amount of pepper spray, Yates said “I haven’t heard of it, not to say it can’t happen.”

“I think you could pass away from extreme amounts of anything,” Yates said, but he’s never known of a death that resulted from large exposures to pepper spray.

Yates said there have been no reports to his office of any other inmate in that cell, or any ADOC staff, experiencing health problems as a result of the incident.

A 2003 study by the U.S. Department of Justice’s National Institute of Justice on the use of pepper spray by police and corrections staff in North Carolina found that two cases of the 63 studied resulted in death from the use of pepper spray, and that both incarcerated persons who died had asthma. In only one of those cases, however, a large amount of pepper spray was used on the man, and the positioning of the man’s body may have been a factor as well.

“Pepper spray was used more times in this case than in any other, but according to police officers, it was ineffective. The subject, who was obese, was handcuffed behind his back and placed in a facedown position when being transported,” the report states. “The difficulty of breathing in this position may have been compounded by the damage already done to his airways.”

In June, a 35-year-old inmate named Jamel Floyd died after correctional officers at a federal prison in Brooklyn used pepper spray after he had barricaded himself in his cell. He was unresponsive when removed from his cell and prison staff were unable to revive him, according to CNN. The death was under investigation and the U.S. Marshals and the FBI were notified, according to a release by the Metropolitan Detention Center.

According to the Sabre’s own promotional video, Cell Buster is to be used in three-second bursts, with the correctional officer checking after each burst to determine if the “desired effects” have been produced, before using it for another 3-second burst. Cell Buster’s description states that the product “delivers pain, irritation, inflammation, coughing, temporary blindness and redness of skin.”

ADOC spokeswoman Linda Mays in a message to APR on Thursday said that the department’s Law Enforcement Services Division is investigating all aspects of the incident.

“While we would like to address your questions and provide insight that would be helpful to you, at this juncture in the process we simply cannot provide information that would compromise the integrity of our ongoing investigation. More information will be available upon the conclusion of our investigation into Daniel [sic] McMillian’s death,” Mays wrote.

Continue Reading
Advertisement

Authors

Advertisement

The V Podcast

Facebook