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Congress

Brooks, Palmer join lawsuit against House’s proxy voting rule change

Brandon Moseley

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U.S. Rep. Gary Palmer, R-Hoover, and Mo Brooks, R-Huntsville, have joined constituents and members of the House Republican Conference as plaintiffs in a lawsuit challenging the constitutionality of a recently passed resolution that allows representatives to cast votes for themselves and others on the House floor, known as proxy voting.

The rule change was supported largely by Democrats along party lines who said it was needed during the pandemic to protect the health and safety of members of Congress.

“This rule change is not a mere procedure change, but a direct assault on the Constitution and over 200 years of precedent,” Palmer said. “The Constitution requires that Congress assembles. There is no emergency so great that Congress cannot meet to do its job of representing the people.”

Brooks said the proxy voting scheme is not only “unprecedented and antithetical” to the job of a House member, but it is also “blatantly unconstitutional.”

“Article 1, Section 5 of the Constitution requires that a ‘a Majority of each (House of Congress) shall constitute a Quorum to do Business; . . . and (each House) may be authorized to compel the Attendance of absent Members,'” Brooks said. “The Constitution requires that the House assemble a majority of its Members to conduct business, and there is no more serious House business than voting.”

Palmer said members of Congress should rise to the challenge of the pandemic and meet in person.

“Our history is littered with wars, pandemics, and attacks on American soil, but none of that has ever prevented Congress from meeting to do the people’s business,” Palmer said. “The current public health crisis should not change that precedent. Precautions can be taken, but Congress must show up to work like everyone else.”

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House Republican Leader Kevin McCarthy of California is the leader of the proxy vote lawsuit. Alabama Congressman Bradley Byrne, R-Montrose, is already one of the plaintiffs.

Byrne sues Speaker Pelosi to stop House rule changes

“The Constitution is clear that a majority must be present for the House to conduct business,” Byrne said. “Speaker Pelosi’s attempt to allow Democrats to cast multiple ‘proxy’ votes for their colleagues is a blatant violation of the Constitution. Under rules adopted last week, as few as 22 Democrats could claim a quorum and win a vote against all 197 Republicans. This scheme gives Pelosi and her lieutenants complete and dangerous unconstitutional powers. If Democrats won’t show up to vote, they should turn the speaker’s gavel over to Leader McCarthy and the Republicans who are actually willing to show up and work for the people they represent.”

“This week, House Democrats will break over 230 years of precedent and allow Members of Congress to vote by proxy on the House floor,” Leader McCarthy said. “This is not simply arcane parliamentary procedure. It is a brazen violation of the Constitution, a dereliction of our duty as elected officials, and would silence the American people’s voice during a crisis. Although I wish this matter could have been solved on a bipartisan basis, the stakes are too high to let this injustice go unaddressed. That is why, along with other members of the House and our constituents, I have filed a lawsuit in federal court to overturn Speaker Pelosi’s unconstitutional power grab.”

The Republican plaintiffs point out that in the last 231 years, the House of Representatives has never permitted a member to vote by proxy from the floor of the chamber. This includes during the Yellow Fever of 1793, the Civil War, the burning of the Capitol during the War of 1812, the Spanish Flu of 1918 and 9/11.

The GOP plaintiffs claim that voting by proxy is flatly prohibited by the Constitution.

Article I, Section 4, Clause 2 states: “The Congress shall assemble at least once in every Year, and such Meeting shall . . . .” o Article I, Section 5, Clause 1 states: “Each House shall be the Judge of the Elections . . . and a Majority of each shall constitute a Quorum to do Business; . . . and may be authorized to compel the Attendance of absent Members.” o Article I, Section 6, Clause 1 states: “The Senators and Representatives . . . shall . . . be privileged from Arrest during their Attendance at the Session of their respective Houses” • The constitution clearly contemplates the physical gathering together of representatives as a deliberative body. As the Supreme Court has held, to constitute a “quorum” necessary to “do business,” the Constitution requires “the presence of a majority, and when that majority are present the power of the house arises.” United States v. Ballin, 144 U.S. 1, 6 (1892)

The plaintiffs have filed a constitutional challenge in the D.C federal district court seeking to enjoin the use of proxy voting in the United States House of Representatives.

Congressman Mo Brooks represents Alabama’s Fifth Congressional District. Congressman Gary Palmer represents Alabama’s Sixth Congressional District. Alabama Democrats were unable to find candidates willing to challenge either of the two popular incumbents. Brooks did defeat a Republican challenger in March.

 

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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Congress

Jones calls for more federal funding, support for state Departments of Labor

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U.S. Senator Doug Jones, D-AL, today is urging Senate leadership for additional federal funding and support for the state Departments of Labor, which have been overwhelmed by the wave of unemployment insurance claims. This also comes as disturbing reports emerge out of Montgomery, where Alabamians have been camping out overnight outside of an unemployment claims center in search of help with their claims.

“As the nation continues to struggle with the health and economic repercussions of the coronavirus pandemic, Congress must do more to help those who are suffering from unemployment as a result. Alabama’s unemployment rate in May was 9.9 percent and my home state is facing a 70 percent increase in the evictions of renters,” Senator Jones, a member of the Senate Banking Committee, wrote. “This hardship is sadly not unique to Alabama, and Americans across the country are struggling to pay their bills, to keep the lights on, and to put food on their tables.

A recent article in the Montgomery Advertiser detailed a line of unemployed Alabamians that has formed for weeks in a parking lot outside an Alabama Department of Labor (ADOL) claim processing center, with many sleeping outside overnight in the rain or participating in a “black market” system of selling spots in the line.

“While the ADOL has noted that an in-person presence is not required to file or resolve unemployment claims, technical glitches and difficulties reaching ADOL staff have so frustrated claimants that for many, traveling to Montgomery seems to be the only remaining option. These claimants seek such urgent relief that they have been camping out overnight in the hopes that their claims will be resolved.  To make matters worse, Alabama’s unemployment fund is on track to become insolvent within the next month or two,” Senator Jones continued.

“As we continue to observe the grave status of unemployment and its repercussions on our nation, I urge the leadership of the Senate to consider including language that addresses unemployment issues in the next pandemic relief legislation in July. I respectfully urge the inclusion of language providing greater availability of federal funds for state Departments of Labor, to ensure that hardworking Americans can rely on temporary monetary aid to help feed their families and keep a roof over their heads during these trying times,” the letter concluded.

Senator Jones has been a strong advocate for support for working Alabamians throughout the COVID-19 crisis. He has introduced legislation to cover the wages and benthe efits of employees of affected businesses and non-profits until the economic and public health crisis is resolved, and during the negotiations for the CARES Act, he proposed the Small Business Lifeline fund to direct financial assistance to workers through payroll processing companies. Senator Jones has also called for the Treasury Department and the Small Business Administration to allow payroll processing companies to disburse the CARES Act small business loans to reduce complications and expedite salaries to workers who have been impacted by the coronavirus.

Full text of the letter can be found here and below.

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Dear Majority Leader McConnell and Minority Leader Schumer:

As the nation continues to struggle with the health and economic repercussions of the coronavirus pandemic, Congress must do more to help those who are suffering from unemployment as a result. Alabama’s unemployment rate in May was 9.9%, and my home state is facing a 70% increase in the evictions of renters.  This hardship is sadly not unique to Alabama, and Americans across the country are struggling to pay their bills, to keep the lights on, and to put food on their tables.

Millions of Americans have lost their jobs during this pandemic, and have turned to the unemployment benefits provided by programs in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. These newly created programs have created a much-needed lifeline for folks across the country. Most notably, the Pandemic Unemployment Assistance (PUA) program, the Federal Pandemic Unemployment Compensation (FPUC) program, and the Pandemic Emergency Unemployment Compensation (PEUC) program were created to ensure states would be able to expand coverage of unemployment benefits given the outsized nature of the pandemic on employment.

However, the majority of State Departments of Labor have been experiencing great difficulties in updating their technical systems to withstand the sudden influx of numerous claims, disbursing benefit payments efficiently to claimants, and effectively communicating with claimants who may be frustrated with the speed at which their claims are processed.

The Alabama Department of Labor (ADOL) has disbursed nearly $2 billion in COVID-19 related unemployment compensation benefits under the PUA, FPUC, and PEUC programs. While ADOL has been working incredibly hard for Alabamians, phone call lines remain jammed, and benefits take significant time to process. ADOL has received 576,314 unemployment claims to date, and the Department is staffed enough to field less than 4% of the calls it receives per day. Since the crisis began, ADOL typically receives 210,000 calls per day; yet only 6,000 to 7,000 of those calls can be processed each day.

Put simply, ADOL is overwhelmed by the massive influx of claims. An article in the Montgomery Advertiser, enclosed with this letter, details the difficulties that Alabamians are experiencing.  In an effort to address claims more efficiently, ADOL opened an in-person claims center in Montgomery, Alabama, but it too was inundated by the unmanageable number of claimants.  While the ADOL has noted that an in-person presence is not required to file or resolve unemployment claims, technical glitches and difficulties reaching ADOL staff have so frustrated claimants that for many, traveling to Montgomery seems to be the only remaining option. These claimants seek such urgent relief that they have been camping out overnight in the hopes that their claims will be resolved.  To make matters worse, Alabama’s unemployment fund is on track to become insolvent within the next month or two.

This is not the first time in recent times that state unemployment funds were in need of aid from the federal government. During the Great Recession, states that exhausted unemployment benefit funds were able to borrow from the Treasury Department to strengthen their funds. Given these dire economic times for state and local governments, the ability to access federal funds should be available once again to cover the costs associated with unemployment benefits.

As we continue to observe the grave status of unemployment and its repercussions on our nation, I urge the leadership of the Senate to consider including language that addresses unemployment issues in the next pandemic relief legislation in July. I respectfully urge the inclusion of language providing greater availability of federal funds for state Departments of Labor, to ensure that hardworking Americans can rely on temporary monetary aid to help feed their families and keep a roof over their heads during these trying times.

Sincerely,

Senator Doug Jones

 

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Sewell votes in favor of $1.5 trillion infrastructure plan

Brandon Moseley

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U.S. Rep. Terri Sewell, D-Alabama, on Wednesday voted in favor of H.R. 2, the Moving Forward Act, a $1.5 trillion plan to rebuild American infrastructure.

“Our country is in serious need of bold and comprehensive infrastructure reform,” Sewell said. “This was true before the coronavirus pandemic and it has become increasingly urgent as we continue to grapple with the ongoing healthcare and economic crises resulting from the pandemic.”

“As a member of the Rural Broadband Task Force and a representative of a district that lacks adequate and comprehensive internet access, I am pleased that H.R.2 includes our bill the Accessible, Affordable Internet for All Act, comprehensive legislation which invests$100 billion for high-speed broadband infrastructure in underserved communities,” said Sewell. “This investment will go a long way toward helping people across my district have access to the high-speed, affordable internet services that are necessary in today’s economy. Additionally, the bill’s $40 billion investment in new wastewater infrastructure will be transformative for countless residents of Alabama’s 7th District who lack access to affordable and efficient wastewater services. If we fail to make these investments now, our Nation’s aging infrastructure will continue to collapse and millions of Americans will be left out of our hopeful economic recovery.”

As a member of the House Rural Broadband Task Force, Sewell co-led introduction of H.R. 7302, the Accessible, Affordable Internet for All Act, which invests $100 billion to build high-speed broadband in unserved and underserved communities and ensures that internet service will be affordable. H.R. 7302 provided the framework for the broadband provisions in H.R. 2.

Two of Rep. Sewell’s bills are included as key provisions in H.R. 2. H.R. 1680, New Markets Tax Credit Extension Act of 2019 is designed to spur private investment in low-income rural communities and urban neighborhoods by providing tax credits for private investments made in underserved communities. H.R. 3967, the Municipal Bond Market Support Act of 2019, would help local governments, non-profits, schools, hospitals, universities and other entities reduce costs associated with infrastructure and development projects.

Sewell also co-led three amendments to H.R. 2 that passed this week. These amendments would expand the role of Historically Black Colleges and Universities in DOT research, support HBCU infrastructure development, and create a carbon capture, utilization, and storage technology commercialization program and direct an air capture technology program within the Department of Energy.

Sewell’s office said that in light of the pandemic and as schools consider how best to provide resources to students remotely, H.R.2 will provide critical access to both students and teleworkers across Alabama’s 7th Congressional District.

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H.R. 2 would invest more than $1.5 trillion in roads, bridges, transit systems, schools, housing, broadband access and other essential infrastructure.

H.R. 2 now goes to the Senate, where Senate Republicans are likely to make a number of changes to the legislation. The Senate’s 60 votes to end a filibuster rule; however means that any infrastructure bill will have to have bipartisan support to pass the Senate.

Sewell is a member of the House leadership and is in her fifth term representing Alabama’s 7th Congressional District. Sewell had no primary challenger and no Republican is running against her in the Nov. 3 general election.

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Congress

Rep. Sewell leads 83 members of Congress to push for $86 billion for broadband expansion

Brandon Moseley

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via Office of U.S. Rep. Terri Sewell

U.S. Rep. Terri Sewell, D-Alabama, and David Trone, D-Maryland, led 82 of their colleagues in sending a letter Tuesday to leaders of the House and Senate urging them to include in any future COVID-19 relief package at least $86 billion for the deployment of high-speed broadband internet.

Sewell and Trone sent the letter to House Speaker Nancy Pelosi, House Minority Leader Kevin McCarthy, Senate Majority Leader Mitch McConnell, and Senate Minority Leader Chuck Schumer.

“The coronavirus has only further highlighted the importance of high-speed, affordable internet, as lack of access has made it more difficult for Alabamians to learn from home, access telehealth service and telework during the pandemic,” Sewell said. “It is beyond time that high-speed internet is treated as a basic utility and rolled out to every community across the country. The letter provides the framework for a future relief package that acknowledges just how critical broadband access is and calls on leadership to make a significant investment in its implementation.”

“The coronavirus pandemic has shown that swaths of this country are being left behind by insufficient broadband infrastructure,” Trone said. “It’s time to invest in digital highways to bring the entire country into the 21st century and global economy. I want to thank Congresswoman Sewell and Whip Clyburn for joining in the effort to ensure this critical infrastructure is included in the next Congressional stimulus package.”

According to Microsoft, about 25 million Americans lack access to reliable, high-speed internet and about 3.3 million Alabama residents do not have the minimum broadband speeds needed for video conferencing or streaming at home. The divide disproportionately impacts rural residents — with 19 million of the 25 million Americans without broadband living in rural areas.

“Future stimulus packages should support the deployment of secure and resilient broadband, provide hotspots for students to close the homework gap and allow for distance learning, and expand access and affordability for unserved and underserved communities with sufficient speed and data that reflects American families’ increased reliance on internet access,” they wrote in their letter. “We cannot wait to invest in high-speed broadband deployment necessary to reach every unserved and underserved American family, hospital, school and small business. … If we fail to invest now, millions of American will be disconnected from the economic recovery on the other side of this crisis.”

Racial disparities also exist between which Americans have access to broadband and which do not. According to a 2017 Joint Economic Committee report, 82 percent of white households have access to high speed internet while just 70 percent of Black households do. Seventy-four percent of Hispanic households do and just 65 percent of Native American households do.

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“We believe that in the response to the COVID-19 crisis an overall investment of $86 billion is needed,” the letter continued. “This would expedite high-speed broadband deployment and expand funding to ensure that Americans who need broadband service can remain connected during this public health crisis and recovery. This includes expanded service for low-income consumers that meet the demands of telework, telehealth and telelearning. For instance, two tools ready to address these issues are the Federal Communications Commission’s (FCC) existing Lifeline and E-Rate educational connectivity programs.”

“The COVID-19 pandemic has made it increasingly clear that having access to high speed broadband is a necessity,” the letter said. “We must invest in expanding affordable and reliable high-speed Internet access in the next emergency relief package. We thank you for your attention to this critical issue and looking forward to working in tandem to bring broadband to communities that are in desperate need of this essential tool for life in the 21st Century.”

There is wide bipartisan support for increasing broadband access.

“COVID19 highlights the need for more broadband access in America,” Congressman Mo Brooks, R-Alabama, said. “According to the Federal Communications Commission, 31 percent of rural Americans do not have broadband access at home. During the pandemic, school children without broadband access have been unable to attend classes digitally or complete online homework assignments. Adults have been similarly hamstrung in an increasingly digital economy.”

Sewell is in her fifth term representing Alabama’s 7th Congressional District.

 

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Congress

Brooks to vote no on Democratic infrastructure bill

Brandon Moseley

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Congressman Mo Brooks, R-Alabama, said he will vote no this week on a Democratic infrastructure bill in the House, which he said was “socialism” cloaked in an infrastructure bill.

“Nancy Pelosi & her Socialist comrades are hellbent on destroying America,” Brooks claimed. “They won’t stop spending until America is bankrupt. They covet economic disaster so they can rebuild a Socialist America under the guise of providing economic relief. In this instance, Socialism comes cloaked as an infrastructure bill.”

Brooks cited as examples of excessive spending $29.3 billion in grants and subsidies to Amtrak’s intercity passenger rail service, $500 million a year to pay ports to replace their cargo handling equipment, hundreds of billions for public housing and “shifting funding from roads, streets, bridges and highways badly needed by red states like Alabama to subsidies of blue state inner-city mass transit programs.”

HR2, the Invest in America Act, is sponsored by Congressman Peter DeFazio of Oregon.

“The Socialists’ latest attempt to bankrupt America is a 2,300+ page bill, drafted behind closed doors by a select few, introduced just last week, that increases America’s debt and deficits by $1.5 trillion!” Brooks claimed. “That’s $1.5 trillion America doesn’t have, has to borrow to get, and cannot afford to pay back. America’s national debt blew through $23 trillion in November, $24 trillion in April, $25 trillion in May, and $26 trillion in June.”

“In April, the Congressional Budget Office (“CBO”) estimated a fiscal year 2020 $3.7 trillion deficit — without including this $1.5 trillion monstrosity,” Brooks said. “Both the CBO and America’s Comptroller General Gene Dodaro regularly describe America’s financial state as ‘unsustainable,’ accounting language for insolvency and bankruptcy.”

“Incredible as it may seem, even without this $1.5 trillion monstrosity, the federal government is on a course to spend roughly $50,000 per American household this year!” Brooks said. “Of course, that spending must first be taken from taxpayers in the form of higher taxes or greater debt. History proves you can’t spend and borrow your way to prosperity. America is no exception.”

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“Socialist Democrats call HR2 an infrastructure bill,” Brooks said. “The fact is, the bill contains more that would impede infrastructure projects than spur them. The bill is chock-full of new top-down, one size fits all Washington mandates and bureaucratic hurdles.”

Both President Donald Trump and congressional Democrats have been urging Congress to pass an infrastructure bill, but the two sides have been unable to agree on just what should be in the infrastructure bill. Republicans like Brooks have expressed concerns over growing the national debt on an infrastructure building spree paid for with growing budget deficits.

Brooks is serving in his fifth term representing Alabama’s 5th Congressional District.

 

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