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Senate delays vote on bill that would reallocate judges

Brandon Moseley

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The Alabama Senate delayed a vote on a bill Tuesday that would reallocate judges from areas in decline to areas of the state that are experiencing growth.

Senate Bill 255 is sponsored by Sen. Greg Albritton, R-Atmore.

“Why is this needed? Some counties in South Alabama and North Alabama have grown rapidly,” and need judges, but the state does not have money to hire new judges, Albritton explained. In 2017 there was a deal made in the Legislature that as people retired the reallocation could be done gradually two years later, but what is happening is that people are running for the vacancies. This narrows the time frame to within 30 days of a vacancy.

“We need to reallocate,” Albritton said.

State Sen. Rodger Smitherman, D-Birmingham, was angry that Jefferson County would lose judges under the plan. A couple of women get elected and you want to take them away,

“That is racism,” Smitherman said.

“We could use more judges in the state,” said Sen. Bobby Singleton, R-Greensboro. “We need to create a mental health court in this state. We need to create a court to deal with pretrial diversion.”

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“With the large population of Jefferson County they need judges,” Singleton said. “Crime is rising. Each and every one of those judges are needed.”

Albritton, Smitherman and Senate Pro Tem Del Marsh, R-Anniston, stepped off of the floor to negotiate a compromise.

While they talked, Senate Majority Leader Greg Reed, R-Jasper, and Singleton engaged in an hour-long discussion on judges, courts, new prisons, prison staffing, rehabilitation of prisoners, and even fishing for catfish in flooded ditches in Greene County.

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Sen. Sam Givhan, R-Huntsville, said, “Madison County is growing rapidly. It has half the population of Jefferson County, but Jefferson County has 27 circuit judges; while Madison has just seven.”

Givhan claimed that Madison County needs three or four more judges.

“Montgomery is a smaller county than we are and they have two more judges than we have; though in their defense they get all the lawsuits against the state of Alabama,” Givhan said. “Senator Barfoot, Price, and I are in counties that need an additional judge.”

Givhan said that the Alabama Supreme Court is looking into the need to reallocate.

“Senator Barfoot and I have a friendly discussion on which county has the most need,” Givhan said. “We will never reach perfect, but we need to move towards a fair balance.”

Marsh returned to the floor and said, “we have had a very productive discussion.”

Albritton asked that SB255 be carried over at the call of the chair.

The Senate will resume on Thursday. Tuesday was the eleventh of a maximum thirty legislative days in the 2020 legislative session.

Today Alabama has 4.888 million people. In 1960 Alabama had 3.274 million people. Today Jefferson County has a population of 659,197 people. In 1960, Jefferson County had a population of 634,864. In 1960, 19.4 percent of the people in Alabama lived in Jefferson County. Today less than 13.5 percent of the state lives in Jefferson County, still the state’s largest county.

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.

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

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

Eddie Burkhalter

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

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

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

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

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

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

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

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

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

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

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

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

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

“He had no earthly idea,” Jones said. 

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

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

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

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

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

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Congress

Republicans blast Jones for refusal to even consider Trump nominee

Brandon Moseley

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Republicans criticized U.S. Sen. Doug Jones, D-Alabama, on Friday for saying that he would not vote to confirm any nominee by President Donald Trump before the Nov. 3 election.

Alabama Republican Party chair Terry Lathan called Jones’s announcement “disgraceful.”

“It’s disgraceful that Senator Jones is dismissing his duties when he announced he would not support the confirmation of any Supreme Court justice nominee put forth by President Trump prior to the November election,” Lathan said in a statement. “The Constitution of our country clearly states that the President ‘shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…judges of the Supreme Court…’”

“At the very least, Senator Jones owes Alabamians the simple courtesy of meeting with the nominee regardless of what he already plans to do,” Lathan continued. “It’s time for him to do his job, at least until November 3rd.”

“The people of our great state have spoken,” Lathan concluded. “The majority support President Trump and his policies which includes the conservative judges he has nominated for the federal bench. However, Doug Jones continues to ignore the wishes of the majority of his constituents and falls in line with his liberal party bosses, Hollywood supporters and New York fundraisers. On Election Day, Alabamians will give their advice and consent to remove Doug Jones from office. Tommy Tuberville will represent the majority’s values when he is elected as our next U.S. Senator.”

On Friday, Jones was asked if he would even meet with the nominee. His response was, “I don’t think my vote’s going to count, so I doubt they’ll even want to.”

“The President’s nominee hasn’t even been announced but anti-Trump Democrat Doug Jones has already made up his mind against the person,” said NRSC spokesperson Paige Lindgren. “Refusing to take part in a consequential Supreme Court confirmation process is the latest example that Jones has one foot out the door. He’s clearly no longer focused on representing the people of Alabama.”

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Former State Rep. Perry Hooper Jr., a Trump supporter, said that Jones votes against “everything that the people of Alabama believe in.”

“Doug Jones has consistently voted against the President and everything the good people of Alabama believe in.” Hooper said. “Jones is against the 2nd Amendment, he is for government funded abortions and he is a globalist. Alabama needs to send a strong pro-life, pro-business, pro-Trump and pro-American to Washington DC. And that man is Coach Tommy Tuberville.”

Senate Majority Leader Mitch McConnell, R-Kentucky, has vowed to bring the president’s pick to the floor of the Senate for a vote.

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“Thank God for Senator Mitch McConnell,” Hooper said. “Senator McConnell has 51 votes to confirm the President’s nominee to the US Supreme Court.”

Conservatives are hopeful that a more conservative court will vote to overturn Roe vs. Wade, the Supreme Court precedent that prevents state governments from banning abortions.

“Senator Doug Jones betrayed Alabamians when he voted against Justice Kavanaugh and has betrayed them again today, before President Trump’s Supreme Court nominee has even been named,” SBA List President Marjorie Dannenfelser said in a statement. “During his short time in office, Jones has proven to be an extremist, repeatedly siding against constituents and voting with the most radical members of his party – like Kamala Harris – in favor of abortion on demand through birth, paid for by taxpayers. Asked about his stance on limiting late-term abortions more than halfway through pregnancy, Senator Jones laughed and called the issue ‘stupid.’ Jones is unfit to represent the pro-life, pro-Trump state of Alabama and will be held accountable at the ballot box.”

Many media sources are reporting that Trump will appoint Seventh Circuit Court of Appeals Judge Amy Comey Barrett to fill the vacancy on the court left by the death of Associate Justice Ruth Bader Ginsburg.

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Courts

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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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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