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Judge dismisses lawsuit against statewide face mask order

Eddie Burkhalter

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Gov. Kay Ivey held a Coronavirus update press conference Wednesday, July 15, 2020 in Montgomery, Ala. (VIA GOVERNORS OFFICE/HAL YEAGER)

A Montgomery judge on Tuesday dismissed a lawsuit alleging Gov. Kay Ivey’s statewide mask order was illegally adopted. 

Montgomery Circuit Judge Greg Griffin dismissed the lawsuit, filed by Debbie Mathis, a real estate agent, retired sheriff’s Deputies Larry Lewis and Barry Munza, which alleged that the Alabama Emergency Management Act of 1955 does not give the governor the ability to order Alabamians to wear face masks. 

Ivey’s order, which went into effect July 16, requires the wearing of face masks when within 6 feet of those outside of their own household when indoors or outside when in gatherings of 10 or more people, with exceptions. The lawsuit was filed against Ivey, State Health Officer Dr. Scott Harris and the Alabama State Board of Health. 

Alabama Attorney General Steve Marshall in the defendants’ motion to dismiss wrote, that the plaintiffs lacked standing to file the lawsuit and the defendants are immune to such lawsuits as accorded by the Alabama Constitution of 1901. 

In a court filing supporting the motion to dismiss, Marshall wrote that “COVID-19 has threatened to overwhelm the State’s healthcare system with a large number of patients in need of Intensive Care Unit (“ICU”) capacity.” 

“On July 15, 2020, with the State’s ICU bed capacity at 87 percent, Governor Ivey issued an emergency proclamation to implement State Health Officer Dr. Scott Harris’s recommendation that masks or facial coverings be worn under certain circumstances,” Marshall wrote. 

Despite the plaintiff’s allegations that the order was illegal, Marshall wrote in the filing that Ivey and Dr. Harris had the authority to issue such an order. 

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The judge agreed and dismissed the case. The plaintiffs’ attorney said after the ruling that he planned to appeal the judge’s decision, according to Al.com.

 

Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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Alabama Republicans urge Jones to meet with Trump’s SCOTUS nominee

“Today is the day we are challenging Doug Jones to do something he rarely does — listen to the majority of Alabamians,” Lathan said.

Brandon Moseley

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President Donald Trump, left, and his Supreme Court nominee, Judge Amy Coney Barrett. (WHITE HOUSE PHOTO)

Alabama Republican Party Chair Terry Lathan and at least 25 supporters held a news conference at ALGOP Headquarters in Hoover to demand that Sen. Doug Jones, D-Alabama, consider Amy Coney Barrett for the Supreme Court.

“Today is the day we are challenging Doug Jones to do something he rarely does — listen to the majority of Alabamians,” Lathan said. “He has ignored the majority over and over on major issues.”

Lathan asserted that Jones ignored the wishes of Alabamians when he voted guilty on articles of impeachment against the president earlier this year, and when he voted against confirmed for then-nominee Judge Brett Kavanaugh in 2018.

“He still owes Justice Kavanaugh an apology for going along with the circus the Democrats orchestrated against a nominee that Alabamians supported,” Lathan said. “On voting to withhold funding from the southern border wall being built. On declaring he will vote to take away Alabama tax cuts courtesy of President Trump … in other words take away your money that you work for — he’s telling you, Alabama, it’s his to take and not yours to keep. He wants your family income back.”

Jones has said he will not vote to confirm Barrett — or any nominee — before the results of the Nov. 3 general election have been decided. Democrats oppose Barrett’s nomination because her appointment to the court would solidify a 6-3, highly conservative majority and because Republicans denied President Barack Obama’s nominee, Judge Merrick Garland, hearings and a vote in 2016.

“He said it’s because it’s too close to an election. Well, there was an election held in 2016 and 2018 — Alabama said we highly support President Trump in the White House and America added two more Republican U.S. Senate seats,” Lathan said. “With the Republican Party now the majority in the Senate and in the White House, Senator Jones needs to do his job — meet with her, listen to her and then decide on Judge Barrett’s credentials.”

Republicans appear to have a majority to confirm Barrett to the court, with hearings scheduled for later this month. Jones’s vote is unlikely to make a difference in the confirmation fight.

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“It is a poor reflection of the state of our national politics that, just hours after Justice Ginsburg’s passing, we were thrust into a divisive partisan fight over her successor, denying the nation the time to mourn this extraordinary American’s death,” Jones said. “Just weeks from a national election, we are confronting a blatant power grab by Senate Majority Leader Mitch McConnell and the President that will undermine the court and subvert the will of the American people.”

Lathan said that, “Tone deafness to the seating of Judge Barrett will not stand. There is no reason not to meet with this mother of 7 who drives a minivan, is highly regarded by her students, professors and those who have worked with her in the judicial system. Why is he afraid? He looks weak. Alabama does not like that look at all. Do your job, Senator Jones. Use your own words that you pride yourself on of being fair. Meet with Judge Barrett on behalf of Alabama.”

Jones has pointed to what Democrats call the hypocrisy of Senate Majority Leader Mitch McConnell, who denied Garland hearings in the spring of 2016, months out from an election. McConnell is now pushing for Barrett to be confirmed less than a month before a general election.

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“Just four years ago, Leader McConnell held open a Supreme Court seat for ten months before a presidential election because he said time and again that, in an election year, we must let the American people decide,” Jones said. “If confirming a Supreme Court justice ten months prior to a presidential election would have denied the American people a voice, then isn’t he now denying the American people a voice by rushing to confirm a justice just weeks before a presidential election?”

“Under these circumstances, I will not support the confirmation of any Supreme Court justice nominee before the election,” Jones explained. We should not force the country into a brutal and divisive partisan confirmation fight while Americans are already voting to choose the next President.”

If Trump is re-elected, Jones said he will evaluate any pending or future nominee on their merits and vote “for or against the nominee based solely on their qualifications.”

Lathan was joined at ALGOP headquarters by State Rep. David Wheeler, R-Vestavia; State Sen. Jabo Wagoner, R-Vestavia; Jefferson County Republican Party Chairman former State Rep. Paul DeMarco, R-Homewood; and Republican National Committeewoman Vickie Drummond.

“Doug Jones was asked on CNN about voting against the will of the majority of Alabamians during the Kavanaugh hearing,” Lathan said. “His answer was smug, arrogant and a true snapshot of how out of step he is with our state. … So again, we find Doug Jones being Doug Jones — thumbing his liberal left-wing nose at one of the most conservative states in the nation.”

Lathan said Republicans would vote Jones out on Nov. 3.

“OK — go ahead Senator Jones. You do you and we are going to do us,” Lathan said. “On Nov. 3, when Alabamians have all of the power, we will prove that your one hit wonder term was really a one hit blunder term. We will thumb our noses at you with the stroke of our pens. You will have no one to blame but yourself. In 34 days, your millions of dollars and appeasement of the left will not save you. Alabamians don’t take kindly to being ignored and on Nov. 3, they will not be ignored by you any longer.”

“In 34 days, Alabama will again add a new page in our history books when we will show Doug Jones that the voters are the be all to end all,” Lathan said. “We will end his placeholder status and elect Tommy Tuberville to replace Doug Jones. Coach Tuberville will support our president and, as important, not ignore the wishes of the people of sweet home Alabama.”

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Republicans praise President Trump’s SCOTUS nomination

“The confirmation process is already proving to be another brutal fight, but I am certain that this is the job for a strong, conservative woman,” Ivey said.

Brandon Moseley

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President Donald Trump, left, and his Supreme Court nominee, Judge Amy Coney Barrett. (WHITE HOUSE PHOTO)

President Donald Trump on Saturday nominated Judge Amy Coney Barrett to the United States Supreme Court, and, if confirmed, Barrett would fill the vacancy created by the death of Associate Justice Ruth Bader Ginsburg.

Trump’s nomination of Barrett was met with near universal praise among Alabama Republicans including Gov. Kay Ivey and a number of other elected officials.

“I commend President Trump’s nomination of Amy Coney Barrett to serve on the United States Supreme Court. Judge Barrett will be focused on interpreting the law, being an arbiter and not a lawmaker, as the Supreme Court demands of its justices,” Ivey said. “Based on her proven career and background, I am confident that Judge Barrett will be articulate and a fair supporter of issues important to Alabamians such as protecting the unborn and our Second Amendment rights, while applying the law impartially.”

Barrett has served as a judge on the U.S. Court of Appeals for the Seventh Circuit since 2017. Before becoming a judge, she was a law professor at Notre Dame Law School and previously clerked for Supreme Court Justice Antonin Scalia.

Ivey said Barrett will embody the precedent established by Ginsburg and further prove that a woman can be a wife, a mother, a person of faith and hold strong personal convictions while still effectively performing the duties required of a justice.

“The confirmation process is already proving to be another brutal fight, but I am certain that this is the job for a strong, conservative woman,” Ivey said. “The people of Alabama overwhelmingly supported President Trump in 2016, and I commend him for performing his constitutional duty of nominating to the Supreme Court and getting the job done that we elected him to do. The late Justice Ginsburg herself noted that even in an election year, ‘a president doesn’t stop being president.’”


President Donald J. Trump and First Lady Melania Trump pay their respects to Associate Justice Ruth Bader Ginsburg Thursday, Sept. 24, 2020, as she lies in repose at the U.S. Supreme Court in Washington, D.C. Justice Ginsburg passed away on Friday, Sept. 18, 2020. (Official White House Photo by Andrea Hanks)

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“I eagerly anticipate Judge Barrett’s confirmation, and I look forward to continuing to forge a strong relationship between President Trump and the state of Alabama during his next term,” said Ivey.

All but two Republican senators appear prepared to vote for Barrett’s confirmation, all but assuring her a seat on the court and solidifying a 6-3 conservative majority.

“I am extremely pleased with President Trump’s selection in nominating Judge Barrett to the Supreme Court,” said Sen. Richard Shelby, R-Alabama. “From her clerkship for the late Justice Scalia to her tenure on the 7th Circuit, Judge Barrett has had a distinguished career and has proven her commitment to the rule of law. Our next Supreme Court Justice must be a steadfast supporter of upholding our nation’s Constitution. I have no doubt in Judge Barrett’s qualifications, and I look forward to supporting her nomination.”

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Alabama Sen. Doug Jones, a Democrat, has said he will not vote for any nominee until the results of the Nov. 3 election are decided.

Alabama Republican Party Chairman Terry Lathan:

“President Trump has nominated a superior candidate for our nation’s highest court. Judge Amy Coney Barrett is a solid constitutional jurist who has distinguished herself both on the bench during her time on the 7th Circuit Court of Appeals, in academia as a law professor at the University Notre Dame and as a clerk for the late Supreme Court Justice Antonin Scalia,” Lathan said. “Judge Barrett’s focus on following the Constitution is apparent in her opinions, in cases ranging from the 2nd Amendment to immigration. Even three Democrat Senators – Joe Manchin of West Virginia, Tim Kaine of Virginia and Joe Donnelly crossed party lines in 2017 to support her first nomination to the bench.”

“A mother of seven, including two adopted children from Haiti, Supreme Court nominee Barrett has been called a ‘powerhouse’ constitutionalist,” Lathan continued. “Her consistent rulings on applying laws to the words of our U.S. Constitution is the exact example of what the justices are tasked with in implementing their rulings. Based on qualifications and experience alone, Judge Barrett’s nomination merits a vote by the full United States Senate.”

Congressman Gary Palmer:

“President Trump has made an excellent choice in nominating Judge Barrett to the Supreme Court, and I extend my heartfelt congratulations to her and her family,” Congressman Gary Palmer, R-Alabama, said. “Judge Barrett has a stellar record of faithfully interpreting the law, training young lawyers, producing brilliant scholarship, and upholding the Constitution. Her devotion to her family, and her dedication to her students during her years as a law professor, are also commendable. There is no question that she is highly qualified and will make a fantastic Justice. I urge the Senate to confirm her quickly.”

Senate candidate Tommy Tuberville:

“I am so excited about President Trump’s nomination today of Judge Amy Coney Barrett to the U.S. Supreme Court,” said Republican Senate candidate Tommy Tuberville. “She understands that’s it’s her job to interpret the Constitution as it’s written and not to manufacture new law from the bench. Her nomination opens the door to protecting unborn life, preserving our Second Amendment gun rights, and securing the religious freedoms guaranteed to us by the Constitution.”

“My opponent, Democrat Doug Jones has a very different opinion,” Tuberville continued. “He’s already announced his opposition to any candidate offered by President Donald J. Trump, and he said even meeting and listening to Judge Barrett would be useless. When it comes to giving fair consideration to President Trump’s Supreme Court nominee, Doug Jones is a lost ball in high cotton. But that comes as no surprise. He voted against Brett Kavanaugh and said he would have opposed Neil Gorsuch if he’d been in the Senate at the time. Democrat Doug even voted twice to remove Donald J. Trump from office. Since becoming our placeholder senator, Doug Jones has opposed everything most Alabamians support and supported everything most Alabamians oppose. Instead of representing our conservative Alabama values, he’s represented the Hollywood and New York values of his high-dollar, out-of-state campaign donors.”

“There’s no telling what kind of dishonest tactics Doug Jones, Chuck Schumer, Kamala Harris and the other Senate liberals will use against a woman who is imminently qualified to sit on our nation’s highest court,” Tuberville warned. “So I’ll close by asking you to join me in praying for Judge Barrett and her family as she faces what promises to be a tough and partisan confirmation hearing. With your prayers and support, America will soon have a strongly conservative Supreme Court, and Alabama will have a new senator who actually represents the citizens of this great state. May God bless Judge Barrett. May God bless President Donald Trump. And may God continue to bless the greatest nation mankind has ever known.”

Congressional candidate Barry Moore:

“I applaud the President for making this nomination now, as the Constitution mandates,” said Congressional candidate Barry Moore. “I’m confident that the Senate will also take up Judge Barrett’s nomination in a timely fashion and not delay the process until after the election. The Constitution doesn’t state anything about waiting until after an election to fill Supreme Court vacancies, despite what the Democrats want us to think.”

“I’m pleased that President Trump has chosen a strong pro-life woman for the Supreme Court,” Moore continued. “I’m also impressed by Judge Barrett’s credentials and experience. I am certain she’ll make an exceptional addition to the Supreme Court, and will serve us well for many years to come.”

“We, as a nation, must act now by praying for President Trump, Judge Barrett and their families,” Moore concluded. “They need to have a shield of favor and protection prayed over them. I truly believe we are in a spiritual battle for our nation and the Democrats will stop at nothing to destroy the character of Judge Barrett, as they’ve done for the last 4 years with President Trump.”

Alabama House Majority Leader Nathaniel Ledbetter:

“I join the members of the Alabama House Republican Caucus in praising President Trump’s decision to nominate Judge Amy Coney Barrett to the vacancy on the U.S. Supreme Court,” said Alabama House Majority Leader Nathaniel Ledbetter, R-Rainsville.

“Judge Barrett clerked for one of the court’s greatest conservative jurists, Judge Antonin Scalia, and she understands that her job is to interpret the Constitution as the founding fathers wrote it, not to invent new law out of thin air,” Ledbetter said. “The suit against Alabama’s strongest-in-the-nation pro-life law is currently working its way through the federal courts, and it could be argued before the U.S. Supreme Court in the near future. Having a conservative majority on the nation’s highest court will be essential to the Alabama Legislature’s efforts to protect unborn life from harm. We encourage the Senate to hold confirmation hearings as soon as possible and to hold an up-or-down vote on Judge Barrett’s nomination immediately after they conclude.”

Congressman Robert Aderholt:

“The nomination of Amy Coney Barrett to be the next Associate Justice of the Supreme Court is a big win for this country,” said Congressman Robert Aderholt, R-Alabama. “She is a defender of free speech, a protector of the Constitution, and an advocate for the most vulnerable among us. I applaud President Trump for making such a great nomination, Amy Coney Barrett will make an excellent Supreme Court Justice.”

Congressman Mo Brooks:

“It is critical to a functioning republic that justices never substitute their policy beliefs for those of properly elected officials,” said Congressman Mo Brooks, R-Alabama. “Judicial activist justices not only betray the Constitution and America when they substitute their own policy beliefs for those of elected officials who are tasked by our Constitution with making American law, they also betray their oaths of office. Amy Coney Barrett has an established record of upholding the Constitution and federal law without inserting her personal political views into her decisions. As such, I look forward to her quick confirmation by the Senate.”

“Amy Coney Barrett was confirmed by the Senate to the U.S. Court of Appeals in 2017. She has already been vetted. She should easily and quickly be confirmed again,” Brooks said. “America’s founding fathers brilliantly created three branches of government, with each being a check on the other two, and each having a defined role. Congress makes law, the Executive Branch implements law, and the Judiciary interprets and applies law. In my view, America is burdened with too many liberal, activist federal justices and judges who fail to abide by their role as limited by the Constitution. I am pleased President Trump nominated a judge who understands the importance of limiting her role to that intended by America’s founding fathers.”

Former State Rep. Perry Hooper Jr.:

“I applaud President Trump’s nomination of Judge Amy Coney Bassett to serve on the US Supreme Court,” said Trump National Victory Committee Member and former State Rep. Perry Hooper Jr. “Judge Bassett is an outstanding Jurist and a committed Constitutionalist. Judge Basset will be an excellent Supreme Court Justice. Senator Mitch McConnell has a solid 51 Republican Senate votes to confirm. I just hope that the members on the other side of the Aisle will give Judge Barrett a respectfully hearing.”

Vice President Mike Pence:

Vice President Mike Pence said, “President Trump has nominated Amy Coney Barrett to the Supreme Court. She has an unquestionable record as a strong, conservative Constitutionalist who will uphold the rule of law. Unfortunately, the Democrats will no doubt launch a vicious campaign to smear her simply because she was nominated by a Republican President.”

“They’d rather play politics than let the President of the United States do his Constitutional duty,” Pence continued. “But the American People will no longer be silenced by Washington Elites. THIS is the moment we take back our Country.”

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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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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 Coney Barrett to fill the vacancy on the court left by the death of Associate Justice Ruth Bader Ginsburg.

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