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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.”

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“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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Rogers leads Homeland Security Committee Republicans

Brandon Moseley

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Congressman Mike Rogers.

Congressman Mike Rogers, R-Alabama, on Thursday delivered an opening statement highly critical of the Chinese government at a Homeland Security Committee hearing in Washington entitled “Examining the National Response to the Worsening Coronavirus Pandemic.”

“I appreciate you granting my request to allow Members to use the hearing room today,” Rogers said. “We should be conducting our important oversight and legislative business here in Washington. We are much more productive when Members are here, in person, doing our work together. We’ve already proven we can do it safely. I hope we will return to regular order as soon as possible.”

“As you know, I strongly disagree with the Speaker’s unilateral decision to shut down the House of Representatives,” Rogers explained. “We should be conducting our important oversight and legislative business here in Washington. We are much more productive when Members are here, in person, doing our work together. We’ve already proven we can do it safely. I hope we will return to regular order as soon as possible.”

“As I said before, our hearts go out to those who have lost their loved ones to COVID-19 and those who are currently undergoing treatment,” Rogers continued. “COVID-19 is an unprecedented global pandemic that requires an unprecedented response.”

Rogers was highly critical of the Chinese government and their role in the global pandemic.

“Unfortunately, we lost precious time early in the response when China hid the disease from the world,” Rogers said. “For weeks the Chinese Communist Party refused entry to outside medical experts. The Chinese suppressed journalists from reporting. Worst of all, China deliberately withheld evidence of the virus’ structure and deadly spread. During this, the Chinese hoarded life-saving medical supplies and encouraged foreign travel, seeding the virus across the globe. I want to commend Ranking Member McCaul’s work on the Foreign Affairs Committee to extensively document this deadly cover-up in a recent report.”

“It’s clear that China has pulled out all the stops to manipulate everyone from media outlets to the World Health Organization,” Rogers continued. “The WHO maintained for months that China had promptly self-reported COVID-19. They did not. And after months of lying the WHO has come clean. The WHO now says it found out about COVID from media reports and whistleblowers from China. The Chinese Communist Party once again has been caught with blood on its hands.”

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“Facing an extraordinary public health crisis and China’s deadly coverup, the Trump Administration has responded with a whole of government response,” Rogers stated. ”To date, the Administration has – Prohibited the entry of travelers from global hot spots; Invoked the Defense Production Act to increase supplies of critically needed medical equipment, such as ventilators; Coordinated the delivery of over 167 million respirators, 682 million surgical masks, and 17 billion gloves; Sent over $125 billion to the states to support the medical response to COVID-19; Distributed over $500 billion in PPP loans to small business; and Helped facilitate the testing of over 36 million tests. In fact, we are now capable of conducting over 700,000 tests per day. That’s the good news. The bad news is that the number of positive tests are rising in many areas. That’s why it’s so important for all Americans to continue to heed the advice of our federal, state, and local public health officials.”

“I am pleased to see a couple of public health and emergency response officials on the panel today,” Rogers said. “Colonel Hastings currently serves as the Director of Alabama’s Emergency Management Agency. He had a very distinguished 30 year career in the Air Force. For the last 3 years, he has done a tremendous job leading EMA’s response to several natural disasters and now the COVID-19 pandemic. Colonel, thank you for joining us today. I appreciate all the witnesses for appearing. I look forward to hearing how you all are using the emergency funding and resources provided by Congress and the Administration to respond to this crisis.”

“I am also interested in knowing what more Congress can do to help you effectively respond,” Rogers said. “Our country has faced outbreaks of serious disease in the past. In each case, we’ve marshalled our collective resources and ingenuity to overcome the crisis. I’m confident that will be the case with COVID-19.

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Rogers is the ranking member of the House Homeland Committee.

More than three million Americans have been diagnosed with the coronavirus, including more than 48,000 Alabamians. The novel strain of the coronavirus, SARS-CoV-2, shows no sign of slowing anytime soon as 61,864 Americans were diagnosed just on Wednesday. The virus was first identified late in 2019 in Wuhan City, Hubei Province, China late in 2019. The first positive test for the virus in Alabama was in mid-March.

Rogers represents Alabama’s 3rd Congressional District.

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Perry Hooper endorses Tuberville

Brandon Moseley

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Former State Rep. Perry Hooper Jr., Trump National Victory committee member, formally endorsed former Auburn head football coach Tommy Tuberville for U.S. Senate on Thursday.

“I have known Coach Tommy Tuberville since he first arrived at Auburn in 1999,” Hooper said. “Since day one when I went to watch my sons practice football, he was always talking to me about Republican Party Politics. I knew it was in his blood. Little did I know at the time, I would be joining the President in supporting him for the United States Senate.”

“Coaching football is more about leadership than X’s and O’s,” Hooper continued. “Tommy’s leadership abilities were the first thing that impressed me when we first met. He has been places recruiting that few people running for office have. He has been in some of the poorest neighborhoods in the country, convincing Mommas how he was going to help mold their 17 years old sons into men. He really cares about everyday people and what is best for our neighborhoods and schools. He has been a great teacher of life lessons as well as an outstanding football coach. He brought in former Auburn Linebacker Chette Williams to serve as the Auburn football team chaplain. He is a dedicated Christian and dedicated to his family which includes his former players. This is what this country needs now – leaders not career politicians.”

“Tommy Tuberville is a principled, free market conservative who has the support of President Trump and has put together a great campaign to defeat Doug Jones,” said David McIntosh, president of the Club for Growth PAC “President Trump’s endorsement is by far the most important endorsement a candidate can earn for a Republican Primary, and we are glad to join President Trump in supporting Tommy Tuberville.”

Club for Growth PAC has been strongly supporting Tommy Tuberville for Senate and Barry Moore and Bill Hightower in the Second and First Congressional Districts.

During these turbulent times, the President needs Tommy Tuberville on his team.,” Hooper said. “As the President stated in his endorsement “Tommy Tuberville loves his country and will never let it down”. He is 100 % behind the President and the Trump Agenda. He could easily have retired after his long successful football career, but there is one more chapter in his life – serving in the US Senate. He has been a winner on and off the football field; as Senator he will be a big win for America and Alabama.”

Hooper is a member of the Alabama Republican Executive Committee and a strong supporter of Auburn University athletics.

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Tuberville faces former U.S. Sen. Jeff Sessions on Tuesday, July 14, in the Republican primary runoff. The winner of the Republican nomination will face incumbent Sen. Doug Jones, D-Alabama, in the Nov. 3 general election.

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Sewell announces $4 Million federal grant for the Dannon Project

Brandon Moseley

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U.S. Rep. Terri Sewell

Congresswoman Terri Sewell, D-Alabama, announced Wednesday a $4 million federal grant to be awarded to the Dannon Project through the U.S. Department of Labor’s Pathway Home grant program. The Pathway Home program focuses on assisting justice involved individuals with community re-entry and employment.

“As we continue to reexamine systems of racial inequity and oppression, I am grateful for organizations like the Dannon Project who work to fill in the gaps left by our deeply flawed criminal justice system,” said Sewell. “In a state with one of the most underfunded and violent prison systems, with one of the highest rates of overall incarceration in the country, and where Black Americans are jailed at 3.3 times the rate of white Americans, we can clearly see the need for the work of the Dannon Project. Of course, this funding is just a drop in the bucket of what is needed for true reform, but it is a step in the right direction.”

The Dannon Project is a 501(c)(3) non-profit located in Birmingham, Alabama. The Dannon Project helps non-violent offenders who have been involved in the criminal justice system with re-entry by providing valuable resources such as short-term training, certifications, job placement and case management, beginning six months prior to release.

Kerri Pruitt is the executive director of the Dannon Project.

“The Dannon Project is thankful to receive this award and for the opportunity to make an impact in communities we serve,” said Pruitt. “Under the Pathway Home program, enrolled participants will have the option to follow one or more of three job training tracks: Industry-Recognized Credentials; Pre-Apprenticeship; or Career Pathways. The first two opportunities focus on training and job placement in employment sectors predicted to have the greatest job growth and/or high demand for skilled workers within the major industries of Birmingham’s regional economy. The third option, Career Pathways, will focus on facilitating participants’ enrollment at post-secondary institutions to attain educational credentials for their desired areas of employment.”

State Sen. Cam Ward, R-Alabaster, said that 82 percent of prison releases who get employment never re-offend.

Alabama Department of Corrections Commissioner Jeff Dunn said that 95 percent of the inmates in the Alabama prison system will at some point re-enter society.

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

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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.

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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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