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AG Marshall supports rollbacks on school lunch nutrition

Eddie Burkhalter

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Many children in Alabama get less healthy school lunches after the Trump administration’s rollback of rules that had set nutritional standards. 

Alabama’s Attorney General Steve Marshall favors lower standards for the state’s school children’s lunches, as well.

Meanwhile, Alabama’s children are ranked 9th highest in rates of obesity in the nation. Advocates for healthier lunches and health organizations are hoping the courts reverse the changes. 

The nonprofit, Washington D.C.-based legal services group, Democracy Forward, filed suit against the Trump administration in April on behalf of the nonprofit Center for Science in the Public Interest and the Rockville, MD-based nonprofit Healthy School Food Maryland. 

The complaint argues that the administration’s rollback of nutritional guidelines violates standards mandated by Congress in 2012, and that the government failed to provide valid reasons for the move. The Obama administration’s standards allowed for a gradual step up for schools to meet the guidelines. 

Secretary of Agriculture Sonny Perdue in December 2018, adopted new rules put out by the Trump Administration to allow for around 300 milligrams more salt, fewer whole grains and more chocolate milk in school lunches.  

On Sept. 6, AG Marshall signed onto a joint court brief expressing support for the rollback. 

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“Needlessly onerous federal nutrition requirements should not stand in the way of state and local decisions about how best to educate and provide nutrition for their students,” the brief states. 

Charisma Troiano, spokeswoman for Democracy Forward, told APR on Tuesday that the administration has said the meals don’t taste as good and cost more. 

“This case is about how the Trump administration has ignored not just the law, but also science to roll back school [meal] nutrition standards that affect you know close to 30 million children across the country,” Troiano said. “Nutrition science is very clear that diets that are low in sodium, that are high in whole grains are essential.” 

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Diets high in sodium and low in whole grains put kids at a greater risks of developing heart disease and hypertension, and can lead to strokes and obesity, Troiano said. 

After the Trump administration announced plans to roll back the guidelines, the government received public comments on the move, and the majority were opposed to less healthy lunches, Troiano said. 

Barbara Butler of Dadeville, Alabama wrote in her comment to the USDA that she opposed the weakening of school nutrition. 

As the grandmother of school-age children I fully support efforts like sodium reduction in order to provide healthy meals in schools. Please do not regress!,” Butler wrote. 

Troiano noted that in Alabama in 2017, prior to the rollback, Alabama was one of several states where schools were already meeting the mandate of providing 100 percent whole-grain products in grain-based foods. 

“That’s pretty significant, to have an entire state have 100 percent of their schools meeting that target, and to now have that progress eventually gutted,” Troiano said. 

Among Alabama children aged 10-17, the obesity rate in 2017 was 18.2 percent, which was the 9th highest percentage in the nation, according to The State of Obesity report by the Robert Wood Johnson Foundation. 

According to the Alabama Department of Public Health’s Coordinated Chronic Disease Prevention 2014-2020 state plan, “Data is unavailable for prevalence of diabetes in Alabama youth” but that diabetes continues to become more common among children. The Centers for Disease Control and Prevention estimates that about 215,000 people younger than 20 years have either type 1 or type 2 diabetes. 

While the American Heart Association came out against the loosening of the nutritional standards, calling it “Counterproductive” and that it could “jeopardize children’s’ health,” the School Nutrition Association approved the move. 

“This final rule strikes a healthy balance. Schools will continue to meet strong nutrition standards but can prepare meals that appeal to a wide range of students,” said Gay Anderson, the association’s president in a press release. Nearly 2 million fewer children were choosing school lunches after the Obama administration’s changes, according to the association. 

Alabama drivers can buy specialty vehicle license plates that read “Hope for kids with Diabetes” with a portion of the funds going to the Alabama Children’s Hospital Foundation. 

According to Children’s of Alabama’s pediatric endocrinology division the center is treating more than 2,600 children with diabetes.

 

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Lilly Ledbetter speaks about her friendship with Ginsburg

Micah Danney

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Lilly Ledbetter spoke during a virtual campaign event with Sen. Doug Jones on Sept. 21.

When anti-pay-discrimination icon and activist Lilly Ledbetter started receiving mail from late Supreme Court Justice Ruth Bader Ginsburg, Ledbetter’s attorney told her to save the envelopes. That’s how unusual it is to get personal mail from a member of the nation’s highest court.

Ledbetter, 82, of Jacksonville, Alabama, shared her memories of her contact with Ginsburg over the last decade during a Facebook live event hosted by Sen. Doug Jones on Monday.

Ginsburg famously read her dissent from the bench, a rare occurrence, in the Ledbetter v. Goodyear Tire & Rubber Co. decision in 2007. The court ruled 5-4 to affirm a lower court’s decision that Ledbetter was not owed damages for pay discrimination because her suit was not filed within 180 days of the setting of the policy that led to her paychecks being less than those of her male colleagues. 

Ledbetter said that Ginsburg “gave me the dignity” of publicly affirming the righteousness of Ledbetter’s case, demonstrating an attention to the details of the suit.

Ginsburg challenged Congress to take action to prevent similar plaintiffs from being denied compensation due to a statute of limitations that can run out before an employee discovers they are being discriminated against. 

The Lilly Ledbetter Fair Pay Act of 2009 was passed by Congress with broad bipartisan support and signed into law by President Barack Obama. It resets the statute of limitation’s clock with each paycheck that is reduced by a discriminatory policy.

Ledbetter said that her heart was heavy when she learned of Ginsburg’s death on Friday. The women kept in touch after they met in 2010. That was shortly after the death of Ginsburg’s husband, tax attorney Marty Ginsburg. She spoke about her pain to Ledbetter, whose husband Charles had died two years before.

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“So we both shared that, and we shared a tear,” said Ledbetter.

Ginsburg invited her to her Supreme Court chambers to see a framed copy of the act, next to which hung a pen that Obama used to sign it.

Ginsburg later sent Ledbetter a signed copy of a cookbook honoring her husband that was published by the Supreme Court Historical Society. Included with it was a personal note, as was the case with other pieces of correspondence from the justice that Ledbetter received at her home in Alabama. They were often brochures and other written materials that Ginsburg received that featured photos of both women.

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Ledbetter expressed her support for Jones in his race against GOP challenger Tommy Tuberville. The filling of Ginsburg’s seat is a major factor in that, she said.

“I do have to talk from my heart, because I am scared to death for the few years that I have yet to live because this country is not headed in the right direction,” she said.

She noted that Ginsburg was 60 when she was appointed to the court. Ledbetter said that she opposes any nominee who is younger than 55 because they would not have the experience and breadth of legal knowledge required to properly serve on the Supreme Court.

She said that issues like hers have long-term consequences that are made even more evident by the financial strains resulting from the pandemic, as she would have more retirement savings had she been paid what her male colleagues were.

Jones called Ledbetter a friend and hero of his.

“I’ve been saying to folks lately, if those folks at Goodyear had only done the right thing by Lilly Ledbetter and the women that worked there, maybe they’d still be operating in Gadsden these days,” he said.

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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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Judge dismisses former Drummond exec’s lawsuit against Balch and Bingham

Josh Moon

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(STOCK PHOTO)

A Jefferson County Circuit Court judge has dismissed a lawsuit against the Balch & Bingham law firm filed by a former coal executive who claimed the law firm’s poor legal advice resulted in his conviction on federal bribery charges. 

Judge Tamara Harris Johnson ruled that the statute of limitations had expired on former Drummond Coal vice president David Roberson’s $50 million lawsuit against Balch and his former employer, Drummond.

The suit claimed that Balch attorneys, primarily Joel Gilbert, who was also convicted of federal bribery charges, assured Roberson that a plan to recruit then-State Rep. Oliver Robinson to use his office to thwart efforts by the EPA to clean up toxic soil in the 35th Avenue Superfund site in North Birmingham was legal.

Johnson’s ruling dismissing the lawsuit against Balch didn’t dispute Roberson’s claims but said that under the Alabama Legal Service Liability Action statute, Roberson should have filed his claim no later than November 2018. He filed it in March 2019. 

“All claims against defendant Balch & Bingham are barred by the statute of limitations,” Johnson wrote. 

Johnson said a motion to dismiss filed by Drummond will be addressed separately at a later date. 

Roberson and Gilbert were the only two executives found guilty by a jury in October 2018 in the well-publicized federal case that saw Robinson plead guilty and go to prison for accepting bribes. 

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Roberson maintained his innocence throughout, saying he relied on the advice and counsel of Gilbert and others at Balch. During the sentencing phase, U.S. District Court Judge Abdul Kallon said he was moved by Roberson’s history and the character witnesses who testified on his behalf, and the judge said he found Roberson to be less culpable than Gilbert because he relied on Gilbert’s legal advice. 

Gilbert was sentenced to five years in federal prison. Robinson was sentenced to two and a half years.

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Trial begins in lawsuit challenging state’s COVID-19 election rules

Micah Danney

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(ALABAMAVOTES.GOV/APR GRAPHIC)

A virtual trial opened on Tuesday in a lawsuit charging that Alabama’s requirements of witnesses and photo ID for absentee ballots and a “de facto ban” on curbside voting are unconstitutional.

The suit, People First v. Merrill, was filed on May 1 by the Southern Poverty Law Center, the NAACP Legal Defense and Educational Fund, the Alabama Disabilities Advocacy Program and the American Civil Liberties Union against Secretary of State John Merrill.

Merrill has touted the rules for the election in November as guaranteeing “a higher degree of credibility than ever before in the history of the state.”

The SPLC said that while Merrill did permit any eligible voter to apply for an absentee ballot by claiming “physical illness or infirmity,” the witness and ID absentee requirements should be waived and the curbside voting ban lifted because they present unfair obstacles to plaintiffs’ ability to vote.

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