The Senate Judiciary Committee recommended that Judge Amy Coney Barrett be confirmed to the U.S. Supreme Court. The full Senate is expected to vote to confirm Barrett to the High Court as early as Monday. The next president we elect on Nov. 3 will likely shape the future of the Supreme Court and the federal judiciary for decades to come.
While former Vice President Joe Biden has not disclosed his list of possible Supreme Court picks, President Donald Trump produced a list before the 2016 election and has updated his list throughout his presidency.
Two of his possible future Supreme Court picks have strong Alabama ties.
Kevin Newsom presently serves on the U.S. Court of Appeals for the Eleventh Circuit. He is a former Alabama solicitor general. Trump lists Newsom as a possible future Supreme Court justice.
Trump also listed Judge Bill Pryor as a possible future Supreme Court picks. Pryor presently also serves on the important U.S. Court of Appeals for the Eleventh Circuit. He is a former Alabama attorney general. Pryor was on Trump’s original list of possible jurists.
The Republican Attorney Generals Association pointed out that 13 current and former Republican AGs and senior staff are currently included on Trump’s SCOTUS short list including Pryor, Newsome and sitting Kentucky Attorney General Daniel Cameron.
As Senate Majority Leader Mitch McConnell’s, R-Kentucky, former legal counsel, Cameron had the unique experience of working side by side with the majority leader to help usher over 200 federal judges through the confirmation process, including Justices Neil Gorsuch and Brett Kavanaugh.
Other former Republican AGs and senior staff on Trump’s list include:
- U.S. Sen. Ted Cruz a sitting United States Senator and former Texas Solicitor General
- Judge Kyle Duncan who sits on the U.S. Court of Appeals for the Fifth Circuit. He is a former Assistant Texas Solicitor General and Louisiana Appellate Chief.
- Judge Allison Eid presently serves on the U.S. Court of Appeals for the Tenth Circuit. She is a former Colorado Solicitor General.
Judge Britt Grant serves on the U.S. Court of Appeals for the Eleventh Circuit. He is a former Georgia Solicitor General.
- Sen. Josh Hawley (R-Missouri) is a United States Senator and former Missouri Attorney General.
- Judge James Ho serves on the U.S. Court of Appeals for the Fifth Circuit. He is a former Texas Solicitor General.
- Justice Carlos Muniz serves as a Florida Supreme Court Justice. He is a former Florida Deputy Attorney General and Chief of Staff.
- Judge Lawrence VanDyke serves on the U.S. Court of Appeals for the Ninth Circuit. VanDyke is a former Nevada and Montana Solicitor General.
- Judge Don Willett serves on the U.S. Court of Appeals for the Fifth Circuit. He is a former Deputy Texas Attorney General.
- Judge Patrick Wyrick serves on the U.S. District Court for the Western District of Oklahoma. He is a former Oklahoma Solicitor General.
- Other possible future picks on President Trump’s list include:
- Judge Bridget Bade who serves on the United States Court of Appeals for the Ninth Circuit.
- Justice Keith Blackwell who serves on the Georgia Supreme Court.
- Justice Charles Canady from the Florida Supreme Court.
- Judge Steven Colloton from the United States Court of Appeals for the Eighth Circuit.
- Paul Clement who is a partner with Kirkland & Ellis, LLP.
Sen. Tom Cotton (R-Arkansas) is a sitting United States Senator.
- Steven Engel who is Assistant Attorney General for the Office of Legal Counsel of the U.S. Department of Justice.
- Noel Francisco is a former United States Solicitor General.
- Judge Raymond Gruender who serves on United States Court of Appeals for the Eighth Circuit.
- Judge Thomas Hardiman who serves on the United States Court of Appeals for the Third Circuit.
- Judge Greg Katsas serves on the United States Court of Appeals for the District of Columbia Circuit.
- Judge Raymond Kethledge who serves on the United States Court of Appeals for the Sixth Circuit.
- Judge Barbara Lagoa who serves on the United States Court of Appeals for the Eleventh Circuit.
- Ambassador Christopher Landau who is the United States Ambassador to Mexico.
- Judge Joan Larsen who serves on the United States Court of Appeals for the Sixth Circuit.
- Sen. Mike Lee (R-Utah) a sitting United States Senator.
- Justice Thomas Lee who serves on the Utah Supreme Court.
- Justice Edward Mansfield who serves on the Iowa Supreme Court.
- Judge Federico Moreno who serves on the United States District Court for the Southern District of Florida.
Judge Martha Pacold who serves on the United States District Court for the Northern District of Illinois.
- Judge Peter Phipps serves on the United States Court of Appeals for the Third Circuit.
- Judge Sarah Pitlyk serves on the United States District Court for the Eastern District of Missouri.
- Judge Allison Jones Rushing who serves on the United States Court of Appeals for the Fourth Circuit.
- Judge Margaret Ryan who serves on the United States Court of Appeals for the Armed Forces.
- Judge David Stras serves on the United States Court of Appeals for the Eighth Circuit.
- Judge Diane Sykes serves on the United States Court of Appeals for the Seventh Circuit.
- Judge Amul Thapar serves on the United States Court of Appeals for the Sixth Circuit.
- Kate Comerford Todd is the Deputy White House Counsel.
- Judge Timothy Tymkovich serves on the United States Court of Appeals for the Tenth Circuit.
- Former Justice Robert Young of the Michigan Supreme Court (retired).
Selecting federal judges is one of the longest lasting effects that a president can have on the country.
President George H.W. Bush was elected president in 1988 and served just one term, but his Supreme Court pick, Clarence Thomas, is still serving on the court three decades later. If Trump’s three Supreme Court picks last as long, they could be serving past the middle of this century.
Alabama breaks daily COVID-19 case, hospitalization record again Thursday
Coronavirus hospitalizations reached another record high for the fourth time in so many days.
For a second straight day, Alabama’s daily COVID-19 case count was at a record high on Thursday, and coronavirus hospitalizations reached another record high for the fourth time in so many days.
The Alabama Department of Public Health reported 3,531 new cases Thursday, and the state has averaged 2,461 cases each day for the last two weeks, a 28 percent increase over the previous two weeks.
The latest White House Coronavirus Task Force state report for Alabama, released Sunday, shows that shows 90 percent of Alabama counties had moderate or high levels of community transmission last week, while 64 percent had high transmission levels. The state ranked 19th highest in the percentage of tests that were positive.
Coronavirus is surging across the country, with cases per day increasing more than seven times the levels seen in the U.S. before the summer surge, and hospitalizations are three times as high now as then, according to the report. The U.S. reported record high cases and deaths Wednesday.
“It must be made clear that if you are over 65 or have significant health conditions, you should not enter any indoor public spaces where anyone is unmasked due to the immediate risk to your health,” the report states. “You should have groceries and medications delivered.”
The report warns that for those under 40 “you need to assume you became infected during the Thanksgiving period” if you gathered beyond your immediate household.
“Most likely, you will not have symptoms; however, you are dangerous to others, and you must isolate away from anyone at increased risk,” the report continues.
The number of people in Alabama hospitals with COVID-19 on Thursday reached 1,827. That’s nearly 40 percent higher than two weeks ago. Huntsville Hospital had a record-high 338 COVID-19 patients on Thursday, after a string of record-setting daily hospitalizations. UAB Hospital was caring for a record 127 COVID-19 patients Wednesday and 125 on Thursday.
Testing statewide remains low. The average positivity rate over the last week was 34 percent. Public health experts say it should be below 5 percent to ensure adequate testing is being done to prevent cases from going undetected.
The state averaged 8,517 tests each day over the last two weeks, down from the two week average of 9,407 recorded on Nov. 26.
U.S. Chamber announces support for a coronavirus aid bill before Christmas
The Chamber is supporting a $908 billion bipartisan stimulus proposal.
The U.S. Chamber of Commerce said Wednesday that it strongly supports coronavirus relief legislation introduced by a bipartisan group of lawmakers Tuesday.
“For pandemic relief to become law, it must be bipartisan,” said Neil Bradley, the executive vice president and chief policy officer for the U.S. Chamber of Commerce. “We are greatly encouraged that a bipartisan group of House and Senate members along with the Problem Solvers Caucus have released an outline that can potentially break the partisan gridlock that has prevented long-overdue pandemic relief. Between this effort and the recent revisions to the Senate Republican proposal — which maintains critical elements especially with respect to liability protection — we believe there is an opportunity for Republicans and Democrats to negotiate a bill that can become law.”
While it is critical that lawmakers get the details right, time is of the essence. American families cannot wait until next year, Bradley said.
“The Chamber urges lawmakers to support bipartisan efforts to enact pandemic relief in the coming weeks,” he said. “We also urge lawmakers to work with the business community to ensure that relief reaches small businesses as soon as possible and that liability reforms provide meaningful protections like in the ‘Safe to Work Act’.”
Before the election, House Democrats passed a $2.2 trillion stimulus package that included stimulus checks for every family in America. That costly package was dead on arrival in the Republican-controlled Senate like their earlier $4.4 trillion HEROES Act proposal, which they passed in the early summer. Senate Republicans supported a $500 billion “skinny” package that failed because Senate Democrats filibustered. Senate Democrats also killed a $500 billion extension of the Payroll Protection Program.
The $908 billion bipartisan stimulus proposal does not mail out a second round of checks to every family like the CARES Act did. To get Democratic support, this bill — unlike the two Republican bills — does include $160 billion in support for state and local governments. Small businesses would receive $288 billion, at least partially through the Paycheck Protection Program. The PPP loans would keep people on payrolls through the holiday season and into next year. The unemployed would be paid an additional $300 per week in federal unemployment benefits for four months, totaling $180 billion. There is also $82 billion earmarked for education and $16 billion for vaccine development and distribution.
The latest bipartisan proposal was put together in the Senate by Democratic Sens. Jeanne Shaheen and Maggie Hassan of New Hampshire, Mark Warner of Virginia and Joe Manchin of West Virginia, along with Independent Sen. Angus King of Maine and Republican Sens. Lisa Murkowski of Alaska, Bill Cassidy of Louisiana, Susan Collins of Maine and Mitt Romney of Utah.
In the House of Representatives, it is supported by Democrats Dean Phillips of Minnesota, Josh Gottheimer of New Jersey and Abigail Spanberger of Virginia, and Republicans Fred Upton of Michigan, Tom Reed of New York, Anthony Gonzalez of Ohio and Dusty Johnson of South Dakota.
In a joint news conference, Speaker Nancy Pelosi, D-California, and Senate Majority Leader Chuck Schumer, D-New York, said that they could support the legislation but that they want some tweaks to it. Senate Majority Leader Mitch McConnell, R-Kentucky, called the bill a “waste of time,” saying that he thought it was too big and is still supporting his $500 billion stimulus bill. Republicans say they are concerned that a large third stimulus bill would only add to the debt.
The incoming Biden administration’s transition team is also supporting the bill.
The U.S. Chamber of Commerce is the world’s largest business organization representing companies of all sizes across every sector of the economy. Members range from the small businesses and local chambers of commerce that line the main streets of America to leading industry associations and large corporations.
(Original reporting by Newsweek, Fox News, and CBS News contributed to this report.)
Department of Justice sues Ashland Housing Authority alleging racial discrimination
“AHA has engaged in a pattern or practice of race discrimination by steering applicants to housing communities based on race,” the complaint alleges.
The U.S. Department of Justice on Tuesday filed a lawsuit alleging that the Housing Authority of Ashland violated the Fair Housing Act by intentionally discriminating against Black people who applied for housing because of their race.
The DOJ in its complaint, filed in the U.S. District Court for the Northern District of Alabama, names as defendants the Housing Authority of Ashland, the Southern Development Company of Ashland Ltd., Southern Development Company of Ashland #2 Ltd. and Southern Development Company LLC, which are the private owners and managing agent of one of those housing complexes.
The department’s complaint alleges that the Ashland Housing Authority denied Black applicants the opportunity to live in overwhelmingly white housing complexes on the city’s East Side, while steering white applicants away from properties whose residents were predominantly Black in the West Side. The AHA operates seven public housing communities spread across both areas, according to the complaint.
“From at least 2012 to the present, AHA has engaged in a pattern or practice of race discrimination by steering applicants to housing communities based on race and by maintaining a racially segregated housing program,” the complaint alleges.
The federal government states in the complaint that as of June 2018, 69 percent of all AHA tenants were white, but 99 percent of tenants at Ashland Heights, on the East Side, were white, 92 percent of tenants at another East Side community were white and 91 percent of tenants at yet another East Side housing development were white.
Similar disparities were seen in public housing communities in the West Side, the complaint states.
AHA kept separate waiting lists for both segregated areas, the complaint alleges and allowed applicants who decline offers of housing “without showing good cause, even when they decline offers for race-based reasons,” to maintain their position on the waiting list, in violation of AHA’s own policies intended to prevent race discrimination.
“On April 11, 1968, one week after the assassination of the Rev. Dr. Martin Luther King, Jr., the United States enacted the Fair Housing Act to outlaw race, color and other forms of discrimination in housing. Denying people housing opportunities because of their race or color is a shameful and blatant violation of the Fair Housing Act,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division in a statement. “The United States has made great strides toward Dr. King’s dream of a nation where we will be judged by content of our character and not by the color of our skin.”
“The dream remains at least partially unfulfilled because we have not completely overcome the scourge of racial bias in housing,” Dreiband continued. “Discrimination by those who receive federal taxpayer dollars to provide housing to lower-income applicants is particularly odious because it comes with the support and authority of government. The United States Department of Justice will not stand for this kind of unlawful and intolerable discrimination. The Justice Department will continue to fight to protect the rights of all Americans to rent and own their homes without regard to their race or color.”
U.S. Attorney Prim F. Escalona for the Northern District of Alabama said in a statement that individuals and families should not have their rights affected by their race or national origin. “Our office is committed to defending the civil rights of everyone,” Escalona said.
The lawsuit seeks damages to compensate victims, civil penalties to the government to vindicate the public interest and a court order barring future discrimination and requiring action to correct the effects of the defendants’ discrimination.
The DOJ in a press release encouraged those who believe they have been victims of housing discrimination at the defendants’ properties should contact the department toll-free at 1-800-896-7743, mailbox 9997, or by email at [email protected] Individuals who have information about this or another matter involving alleged discrimination may submit a report online at civilrights.justice.gov.
The DOJ in August the U.S. Housing and Urban Development determined that the Decatur Housing Authority was disallowing Black people to live in public housing located in riverfront towers while requiring Black people to live in less attractive apartments elsewhere.
Clean water advocates want a comprehensive water plan for Alabama that creates jobs
Under new leadership, a plan for preserving clean water and fair access to it may be within reach in Alabama.
Environmentalists are optimistic about making progress on water resource issues and the state’s climate change preparedness under the incoming administration of President-elect Joe Biden and next Congress, particularly because the president-elect is indicating that economic gains go hand-in-hand with protecting the environment.
“It’s really exciting to see the Biden administration put jobs in the same conversation with their climate and environmental policies, because for too long there has been that false argument that jobs and the environment don’t go together — that you can’t have a regulated business sector and create jobs,” said Cindy Lowry, executive director of Alabama Rivers Alliance.
On a recent post-election call with other advocates, Lowry said that the current policy outlook reinforced the importance of voting. There have been some steps forward for conservation during the presidency of Donald Trump, she said, like the president’s signing of the Great American Outdoors Act in August, but the administration has prioritized industry interests.
Under new leadership, a plan for preserving clean water and fair access to it may be within reach in Alabama.
“We have spent so much time and energy as a movement trying to defend and basically just hold the line against so many of the rollbacks, and now we can focus on moving forward on certain areas,” Lowry said.
Julian Gonzalez, a clean water advocate with the nonprofit Earthjustice in Washington D.C., said on the call that the incoming Congress will be the “most environmentally aware Congress we’ve had.” Still, the real work remains.
“Everything needs to be one conversation, and you should be able to go call your Congressperson and say, ‘How are you going to fix America’s water problem?’ and they should have an answer, but right now that’s not the case,” Gonzalez said.
For Alabama’s water advocates, priorities are what to do with coal ash, how to prepare for droughts and flooding, improvements to water and wastewater infrastructure and providing relief to communities that have been affected by environmental degradation.
While production of coal ash has reduced due mostly to market-driven decreases in the burning of coal, enough facilities still use it that Alabama is developing its own permitting process and regulations for storing it. The Biden administration can provide leadership on the issue, Lowry said.
While many people associate water issues with drought, Lowry said the topic encompasses much more than that. Pipes that contain lead need to be replaced. There’s plenty of water, she said, but the state needs a comprehensive water plan that prepares communities for drought management, especially as more farmers use irrigation, which uses more water.
Her organization has been working toward a state plan that can ensure fair access to water without depleting the environment of what it needs to remain stable.
With the increased frequency and intensity of storms being attributed to climate change, water infrastructure will need to be upgraded, Lowry said. Many communities rely on centralized treatment centers to handle their wastewater, and many of those facilities are overburdened and experience spills. Storms and flash floods push old pipes and at-capacity centers past their breaking points — pipes leak or burst and sewage pits overflow.
Lowry said that there has been some progress in recent years on funding infrastructure upgrades in communities and states. It’s a more bipartisan conversation than other environmental issues, and communities that have been hit hard by multiple storms are starting to have new ideas about how to rebuild themselves to better withstand the effects of climate change.
Still, Alabama’s preparedness efforts are all reactionary, which is why a comprehensive water plan is a priority, she said.
“Policies like that — proactive policies that are really forward-thinking about how we will make decisions if we do run into challenges with our environment — are something that this state has not been very strong on,” she said.
Lowry hopes for more emphasis on environmental justice, with official agencies working more with local municipalities to provide relief to communities hurt by pollution and weather events. Such problems are characteristic of the Birmingham area, where Lowry is based, and the Black Belt.
She wants to see stronger permitting processes for industry projects and easier access to funding for cleanups in communities that need them. North Birmingham activists have been trying for years to get a Superfund site there on the Superfund National Priorities List.
There is no one-size-fits-all solution to address these problems, Lowry said. Having multiple avenues for access to funding is important so that all communities have options. Smaller communities can’t always pay back loans, so they need access to grants.
Lowry emphasized that new jobs must be created without exacerbating climate change. Although Alabama tends to look to heavy industry for economic gains, she said she’s hopeful that a different approach by the Biden administration will trickle to the state level.
Lowry also said that conversations about climate change in Alabama have to be put in terms of what is happening in Alabama.
For her and other environmentalists working in the Deep South, it’s all about relationships and establishing trust. The environment becomes a less partisan issue when you focus on the basics, she said, because everyone wants clean water.
“I’ve found it much more easy to have conversations with elected officials at the state level in places like Alabama, where people do kind of grow up a little closer to nature and conservation, and [by] just kind of meeting people where they are,” Lowry said.