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Jones slammed Alabama’s abortion ban. Will it help or hurt his Senate campaign?

Chip Brownlee | The Trace

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Democratic Alabama Sen. Doug Jones is going out on a limb, harshly criticizing a new Alabama law that would ban abortions in nearly all circumstances with no exceptions for rape and incest.

Jones told reporters Thursday that the law — passed in the Alabama Senate Tuesday and signed by Republican Gov. Kay Ivey Wednesday — is “unconstitutional, irresponsible and just completely shameful.”

Jones specifically attacked the bill’s lack of exceptions for rape and incest. Women impregnated by rape or through incest would be unable to get an abortion should the law ever go into effect. The bill is set to go into effect in six months but is likely to be blocked by federal courts before then.

“It uses rape victims and victims of incest as political pawns in what the bill’s sponsors hope will invite a legal challenge that is almost certain to cost the state millions of dollars in lawyer fees,” Jones said.

Designed to challenge Roe v. Wade, the 1973 Supreme Court decision that effectively assures a woman’s right to an abortion, the law would ban abortion at any point of pregnancy and make performing an abortion a Class A felony.

The law’s House sponsor, Rep. Terri Collins, said the current language shouldn’t be Alabama’s final abortion law and she would support the addition of rape and incest exemptions in the law once it had been considered by the Supreme Court.

The sponsors said they hope the bill will be a set up for the Supreme Court, newly defined by a conservative majority, to define the unborn fetus as a person.

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Doctors could face up to 99 years in prison if they help a woman terminate a pregnancy under the law, which the Senate approved in a party-line vote of 25 to 6.

“We need to call this bill what it is. It is the most extreme abortion ban in the country,” Jones said.

Jones’ chances at re-election

Jones’ comments, in a state widely regarded as one of the most anti-abortion rights, could pose a challenge for him as he heads into an uphill battle for re-election in 2020.

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The senator, the first Democratic one elected in Alabama in a quarter century, is widely viewed as one of the most vulnerable Democratic senators in the country.

“There’s literally nothing Doug Jones can do or say that will help him get re-elected,” said Chris Kratzer, the vice president of research and analysis at the Alabama-based Cygnal polling firm. “With Trump on the ballot, Doug Jones is doomed.”

Alabama GOP chairwoman Terry Lathan has routinely criticized Jones for his stance on abortion.

“As one of the strongest pro-life states in the nation, Alabamians will hold Senator Jones accountable for this vote and every move he makes in the future regarding legislation that supports life at all stages,” Lathan said last year when he voted against a bill that would have prohibited abortions nationally after 20 weeks.

She had similar words for Jones when he endorsed former Vice President Joe Biden for the Democratic nomination for president.

“Both support bigger government, ObamaCare and abortion – all issues the majority of Alabamians oppose,” Lathan said at the time.

Alabama’s new law is just one of a number of antiabortion rights measures approved or working their ways through statehouses across the country. Laws in Georgia, Mississippi and Ohio would prohibit abortions after a fetal heartbeat has been detected.

That’s typically at about six weeks when some women are not even aware they are pregnant.

“I really hope that our state legislators stop playing politics and start focusing on policies that strengthen families. As a society, we have to do so much more for women, especially mothers,” Jones said.

Democratic presidential hopefuls are using Alabama’s law as a method to raise money for reproductive rights groups and gin up support for their campaigns.

Jones pushed back on lawmakers using abortion for political purposes, and Mason-Dixon Polling & Strategy Managing Director Brad Coker said common wisdom would argue Jones’ comments are a nail in the coffin of his re-election chances.

“I think the instant reaction is ‘It’s a pro-life state, how can you say that and get away with that,’” said Coker, whose polling firm recently polled Jones’ chances of re-election, finding that he had a slim chance of returning to D.C.

But Coker said those watching Jones’ comments shouldn’t rush to such a conclusion about the political implications of his words.

“I would argue that maybe it might even marginally help him a little bit,” Coker said. “Not enough for it to really help, but the polling shows that a significant number of pro-life voters still think there should be rape and incest. I don’t think they necessarily disagree with what he’s saying.”

Coker said he didn’t think Jones’ reaction would move the needle that much, but it could move a few voters to his side.

“I think when you start looking at the headcount, he’s not losing anything,” Coker said. “Then maybe he can peel off a couple of voters who are pro-life voters but not necessarily for a law this restrictive.”

But the question of whether Jones even has a chance in November 2020 is still up in the air, and as Mason-Dixon’s polling has shown, his prospects are likely to depend on public approval of President Donald Trump and the Republican nominee for Senate here.

Jones narrowly defeated former Alabama Chief Justice Roy Moore, known as an anti-LGBT firebrand, in a special Senate election in December 2017 just a month after Moore was accused of sexual misconduct.

While Mason-Dixon’s initial polling in April showed Moore was at the top of the GOP primary pack, the former judge has not said whether he would pursue the nomination again.

Several more convention Republican candidates including U.S. Rep. Bradley Byrne, state Rep. Arnold Mooney and former Auburn head coach Tommy Tuberville have announced runs for the nomination to challenge Jones.

“He’s really going into a headwind and his only outside shot is if Trump just totally implodes and there is a huge backlash because of it,” Coker said. “I just don’t see how he wins unless they nominate Moore again.”

But those Republican nominees may need to publicly support the ban to have a chance at the Republican nomination. Voters in Alabama last year approved a constitutional amendment that declared Alabama to be a pro-life state. That referendum passed with 59 percent.

Even with that, Coker said the number of voters who consider abortion to be a top issue in federal politics is actually much smaller than commonly thought. Coker said that’s because the issue has become more of a state issue.

And those who do have the issue at top of mind are likely to have already made up their mind on Jones, who supported abortion rights during his campaign in 2017.

“Maybe 10 or 15 percent of voters have it in their top two,” Coker said. “But if you do a poll of what’s the most important issue when voting in a national election it’s going to be the economy, health care, immigration, national security and trade. All of the issues that are really being debated in Washington are those that move national voters.”

In the meantime, Jones said he wants to focus on ways of making abortion less common through other means.

“I think we ought to really be focusing in Alabama on a way that we can come together to reduce the number of abortions in the state,” Jones said. “Right now we need to expand Medicaid, we need to do all we can for infant mortality, we need all we can to help pediatricians and OBGYNs into these rural areas so people don’t have to drive 60 miles to deliver babies.”

 

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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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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Courts

U.S. Supreme Court Justice Ruth Bader Ginsburg dies at 87

Eddie Burkhalter

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(APR GRAPHIC/SUPREME COURT PORTRAIT)

United States Supreme Court Justice Ruth Bader Ginsburg — a champion of women’s rights and voter protections on the nation’s highest court — died Friday at the age of 87 from complications from metastatic pancreas cancer.

The justice died at her home in Washington D.C., surrounded by family. Only the second woman ever to be appointed to the highest court in the nation, she served 27 years on the court, becoming a champion for women’s rights and voter protections. 

“This news is a devastating loss for our country and for all those who have been inspired by the inimitable Justice Ginsburg during her long and historic career. Justice Ginsburg led a life guided by principle and filled with purpose. A true trailblazer in the legal field in her own right, she inspired generations of young women to reach for heights that previously felt impossible. Through her quiet dignity, her willingness to bridge political divides, and her steady pursuit of justice, she was a standard-bearer for positive leadership,” Sen. Doug Jones said in a statement. 

“Her bold dissents in the Ledbetter v. Goodyear Tire & Rubber Co. and Shelby County v. Holder cases are particularly meaningful to me, and to so many in Alabama and across the country. She stood for what was right and for the constitutional principles of equality and democracy that she held dear, even if it meant she was in the minority on the Court. As only the second woman to ever serve on the Court, she made full use of her opportunity to serve as a voice for women on the bench.

“Beyond her legal acumen, Justice Ginsburg will also be remembered for her sharp wit, her tireless advocacy for voting rights, and her historic role in fighting for a more equal society for women across the country. She will be greatly missed. Louise and I extend our sincerest condolences to Justice Ginsburg’s loved ones. We’re praying for them as they grieve this tremendous loss,” Jones said. 

Margaret Huang, president of the Southern Poverty Law Center, in a statement Friday said that our country has lost a monumental and transformative figure. 

“Justice Ruth Bader Ginsburg was not only a trailblazer, a hero, and a singular inspiration, she was also a deeply principled person who demonstrated great courage and conviction throughout her entire legal career,” Huang said. 

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“At the time of her appointment in 1993, Justice Ginsburg was only the second woman to be seated on the U.S. Supreme Court, but it wasn’t her first time in the Court. As director of the Women’s Rights Project of the American Civil Liberties Union, she argued and won five cases before the Justices. And from her first term, she made it her mission to guarantee equal protection for women and other marginalized communities. We are eternally grateful for her decades of work — and landmark achievements — in pursuit of this essential goal.

“In her later years, she became an icon for a younger generation. Her resolute determination for justice inspired millions, including all of us at the Southern Poverty Law Center. With her countless accomplishments in mind and some of her courage in our hearts, we recommit ourselves to continuing her mission to achieve justice and equity for all,” Huang continued.

Supreme Court Chief Justice John Roberts said our nation has lost a justice of historic stature.

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“We at the Supreme Court have lost a cherished colleague. Today we mourn but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her, a tireless and resolute champion of justice,” Roberts said.

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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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Health

Study: Those with COVID twice as likely to have dined in restaurants

“Masks cannot be effectively worn while eating and drinking, whereas shopping and numerous other indoor activities do not preclude mask use,” the study notes. 

Eddie Burkhalter

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(STOCK PHOTO)

A recent study by the Centers for Disease Control and Prevention found that adults who tested positive for COVID-19 were twice as likely to have eaten in restaurants, which builds upon known factors about how the disease is transmitted, experts say, but the study has limitations.

The study surveyed 314 adults in 10 states and found that those who tested positive for COVID-19 were twice as likely to have eaten at restaurants within the previous 14 days. Researchers found that there was no significant difference between those who tested both positive and negative and who said they had gone to gyms, coffee shops, used public transportation or had family gatherings.

“Masks cannot be effectively worn while eating and drinking, whereas shopping and numerous other indoor activities do not preclude mask use,” the study notes.

Dr. Bertha Hidalgo, an epidemiologist and associate professor at UAB’s School of Public Health, told APR on Wednesday that the study lends evidence to what the medical community knows are potential risks for contracting COVID-19, which include being indoors and unmasked, but there are nuances to each of those activities that can either increase or decrease that risk.

The study did not differentiate between indoor and outdoor dining, and infectious disease experts say being outdoors decreases the risk of contracting COVID-19.

“It’s also hard to know what policies are in place where these people were recruited from for this study,” Hidalgo said. “Whether they’re required to be masked or if there’s a decreased capacity in a restaurant.”

Monica Aswani, assistant professor at UAB’s School of Health Professions, said she would be cautious about interpreting the study through a causal lens.

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“People who are willing to dine in restaurants are also likely to engage in other risky behaviors, such as not wearing masks. Since this is a survey, there is not enough evidence to suggest that the source of exposure was restaurants without contact tracing to supplement it,” Aswani said. “Likewise, respondents may have misreported their behaviors, given the sensitive nature of the questions. The authors note this as a limitation and highlight how participants were aware of their Covid-19 test results, which may have influenced how they responded.”

Aswani also noted that the questions about dining did not differentiate between indoor versus outdoor seating, “which represent different levels of risk to exposure.”

“Participants who visited a restaurant on at least one occasion, regardless of the frequency, are also considered similar. Consequently, in the two weeks before they felt ill, someone who dined on a restaurant patio once and someone who ate indoors at five different restaurants are indistinguishable in their data,” Aswani said.

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Hidalgo said that while there are clear limitations to the CDC’s study, the findings do back up what the medical community knows about the transmission of the disease.

“I would very much look at this from the big picture perspective, and say we know that indoor activities are an increased risk for COVID-19. This study lends evidence to that,” Hidalgo said.

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