Gerrymandering lawsuits linger as next redistricting nears
As the 2019 state legislative sessions get underway, a busy year of legal battles also is beginning over lingering allegations that hundreds of electoral districts across the country were illegally drawn to the disadvantage of particular voters or political parties. First up was a court hearing Thursday in Virginia, where a federal judicial panel reviewed several proposals from an outside expert to redraw some state House districts. The court had previously determined that those districts were racially gerrymandered. The expert, University of California, Irvine political science professor Bernard Grofman, answered questions about his revisions. “My focus was on remedying constitutional infirmities,” he said. Next on the schedule is a February trial in Michigan, where a lawsuit by Democratic voters alleges U.S. House and state legislative districts were illegally gerrymandered by Republican officials to dilute the voting power of Democrats. A similar partisan gerrymandering trial is scheduled for March involving Ohio’s congressional districts. The U.S. Supreme Court also has agreed to hear arguments in March on separate cases appealing rulings of unconstitutional partisan gerrymandering of congressional districts by Republicans in North Carolina and Democrats in Maryland. Then a new trial is scheduled for April in Wisconsin in a case in which federal judges previously determined that Republicans had illegally gerrymandered the state Assembly districts to the disadvantage of Democrats. The pending lawsuits are contesting districts drawn based off 2010 Census data. They seek to force new district boundaries before the next legislative elections. But depending on the timing and scope of the rulings, they also could set precedents for states to follow during the next round of mandatory redistricting that will occur after the 2020 Census. Here’s a state-by-state look at the pending redistricting cases, as well as some that were recently decided by the courts: ___ ALABAMA Partisan breakdown: U.S. House: six Republicans, one Democrat. The claim: Racial gerrymandering. The case: A federal lawsuit filed last June and backed by a national Democratic redistricting group alleges the U.S. House maps approved in 2011 by the state’s Republican-led Legislature and GOP governor illegally limit the voting influence of black residents. A separate lawsuit previously alleged that state House and Senate maps had packed too many black voters into certain districts. The U.S. Supreme Court in 2015 ordered those maps to be reconsidered by a lower court, which subsequently struck down a dozen districts. The Legislature then redrew 25 of the 35 state Senate seats and 70 of the 105 state House seats. The court dismissed a challenge to the new maps in October 2017. ___ ARKANSAS Partisan breakdown: U.S. House: four Republicans. The claim: Racial gerrymandering. The case: A federal judicial panel in August ruled that the publisher of the Little Rock Sun, a black community newspaper, did not have legal standing to bring a lawsuit alleging the boundaries of an eastern Arkansas congressional district were drawn to dilute the voting strength of black residents. The U.S. Supreme Court dismissed an appeal Dec. 10. Democrats controlled both the Legislature and governor’s office during the 2011 redistricting. ___ CONNECTICUT Partisan breakdown: State Senate: 24 Democrats, 12 Republicans; State House: 92 Democrats, 59 Republicans. The claim: Prison gerrymandering. The case: A federal lawsuit filed last June by the NAACP alleges unconstitutional prison gerrymandering in the drawing of state House and Senate districts. It challenges the state’s decision to count prisoners as residents of the district where they are incarcerated instead of their home districts. The suit says prisoners are disproportionately black and Latino and from urban areas, but they are often placed in prisons in rural areas predominated by white residents. The districts were drawn in 2011 by a bipartisan commission. ___ GEORGIA Partisan breakdown: U.S. House: nine Republicans, five Democrats. State House: 103 Republicans, 75 Democrats, two seats vacant pending the outcome of special elections. The claim: Racial and partisan gerrymandering. The cases: A federal lawsuit filed last June and backed by a national Democratic redistricting group alleges that a U.S. House district was redrawn in 2011 by the state’s Republican-led Legislature and GOP governor to illegally limit the voting influence of black residents. A separate federal case filed in 2017 by the NAACP and Democratic voters alleges that two state House districts were unconstitutionally gerrymandered by the Republican-led Legislature in 2015 to increase the percentage of white voters and decrease the percentage of black voters. In September, a federal judicial panel allowed the plaintiffs to add a partisan gerrymandering claim to the lawsuit. ___ LOUISIANA Partisan breakdown: U.S. House: five Republicans, one Democrat. The claim: Racial gerrymandering. The case: A federal lawsuit filed last June and backed by a national Democratic redistricting group alleges the U.S. House maps approved in 2011 illegally limit the voting influence of black residents by packing a large number into one majority-minority district and spreading other black voters out among multiple districts. Republicans controlled both legislative chambers and the governor’s office at the time the redistricting plan was approved during a special legislative session. __ MARYLAND Partisan breakdown: U.S. House: seven Democrats, one Republican. The claim: Partisan gerrymandering. The case: The U.S. Supreme Court has scheduled arguments in March on an appeal of a ruling that western Maryland’s 6th Congressional District is an unconstitutional partisan gerrymander that diluted the voting power of Republicans. Democratic Attorney General Brian Frosh appealed a Nov. 7 federal court order to redraw congressional districts by March 7 using traditional redistricting criteria that show regard for “natural boundaries.” The 6th District had been held by a 20-year Republican incumbent. But the Democratic governor and Democratic-controlled Legislature redrew it in 2011 to extend into suburban Washington, D.C., adding tens of thousands of Democratic voters while dropping Republican voters. Democrats have won the district in each election since then. While the case is pending, Republican Gov. Larry Hogan has created a nine-member commission to recommend new congressional district boundaries to his office by April. The revised map then would be submitted to the Legislature for a vote. ___ MICHIGAN Partisan breakdown: U.S. House:
Huntsville city councilman cleared of driving under influence
The case of an Alabama city councilman accused of driving under the influence (DUI) has been expunged, or cleared from the legal records. News outlets reported that a judge in Huntsville signed an order late last month expunging the charges against City Councilman Will Culver. Culver said he could not talk about the case. He had been arrested April 22 and charged with driving under the influence, driving on the wrong side of the road, failure to signal and improper lane usage. His trial had been scheduled in September before being delayed until Jan. 25. The 58-year-old Culver is a former Huntsville police officer and chief city magistrate. He was elected to Huntsville City Council in 2008 and was council president one year in 2015-2016. Republished with permission from the Associated Press.
Personnel note: Eagle Forum of Alabama names Becky Gerritson Executive Director
The Eagle Forum of Alabama has named a new executive director. On Thursday, Eagle Forum of Alabama President Eunie Smith and Foundation President Jim Cooper announced Becky Gerritson announced Becky Gerriston will fill the vacancy left by Deborah Love, who was the past Executive Director through Sept. 2018. Gerritson,the fiery Wetumpka Tea Party co-founder and President, exploded on to the political scene in 2013 garnering national attention when she testified before Congress having been politically targeted by the IRS. In 2016, she received Heritage Action Sentinel’s Firewall for Freedom Award, was named in Yellowhammer’s 2017 Power and Influence List, and was on AL.com Twenty Most Influential List in 2015. She was also a Republican candidate for Congress in Alabama’s 2nd U.S. District in 2016. “It is an honor to welcome Becky Gerritson as our Executive Director,” Smith said. “Becky is an effective conservative leader with a long history of championing the values that Eagle Forum exists to preserve. I have every confidence in Becky’s leadership abilities, and I believe that as Eagle Forum of Alabama Executive Director she will continue to be a bold and respected voice of conviction, principle, and informed policy in Alabama.” Gerritson said she is thrilled to join the group. “Eagle Forum has been an influential powerhouse of principled conservative thought and grassroots activism for decades,” Gerritson said Thursday. “I am thrilled to be on the leadership team of this incredible organization. As Alabama moves into 2019 and beyond, it is crucial that our principled conservative voice be stronger and more compelling than ever. I look forward to continuing the fight for our future and our republic with Eagle Forum of Alabama.” Conservative icon Phyllis Schafly, who founded the Eagle Forum PAC, a conservative public policy organization that supports candidates who are committed to a conservative philosophy of limited government, national sovereignty and traditional values and served as chairman of its board until her death, in 2016 wrote a glowing endorsement of Gerritson during her Congressional run. “Becky Gerritson is a proven leader. She understands that sound governance doesn’t mean just passing bills that the president will sign, as the current Congress continues to do,” said Schafly. “She knows that sound governance means upholding and defending the Constitution, protecting the security of the American people, and defending the values that have made our country great. Her dedication and passion for the conservative cause has been seen not only by Alabamians but by the nation as she has fearlessly and tirelessly fought against the progressive agenda and big government.”
Hope floats — Bradley Byrne introduces bill to pay Coast Guard during government shutdown
The U.S. Coast Guard is the only branch of the military whose members go without pay during a government shutdown. That’s because unlike the rest of the military, the branch falls under the Department of Homeland Security, rather than the Department of Defense. With no end in site for the government shutdown, Alabama 1st District U.S. Rep. Bradley Byrne has introduced legislation that would remedy the situation and ensure members of the Coast Guard and Coast Guard retirees are paid during the current shutdown. Byrne introduced the Always Ready Act, on Wednesday to keep paying personnel even during a lapse in appropriations. “I’m proud of the strong Coast Guard presence we have in Southwest Alabama. These men and women work hard and put their lives in danger in order to keep the American people safe. As we continue to fight for stronger border security and work to resolve the government shutdown, I believe members of the Coast Guard should be paid just as other members of the Armed Forces are paid,” said Byrne. “I hope the House and Senate will act swiftly on my bill, the Always Ready Act, to ensure members of the Coast Guard and their families receive the pay they deserve.” There are more than 50,000 members of the Coast Guard. Roughly 42,000 of them are required to work during the shutdown, regardless of pay, because they are deemed “essential” employees.
Holocaust group sought reconsideration of Angela Davis honor
An Alabama civil rights organization withdrew a planned human rights award from political activist Angela Davis after a group that educates Alabamians about the Holocaust asked them to reconsider the honor. The Birmingham Holocaust Education Center wrote to the Birmingham Civil Rights Institute on Jan. 2 expressing “concern and disappointment” about the plan to honor Davis with an award named for minister and civil rights pioneer Fred L. Shuttlesworth. The letter urged the institute to “reconsider your decision.” The Holocaust group cited “recent outspoken support” of a boycott, divestment and sanctions campaign against Israel, Al.com reported. In a statement posted on its website over the weekend, the Birmingham Civil Rights Institute said, “Upon closer examination of Ms. Davis’ statements and public record, we concluded that she unfortunately does not meet all of the criteria on which the award is based.” The Institute’s statement did not say what specific criteria Davis did not meet. Davis, a Birmingham native, said Monday that the board wouldn’t tell her why it rescinded the award but she later learned her “long-term support of justice for Palestine was at issue.” The civil rights institute also canceled a gala set for February. The award’s withdrawal spawned widespread controversy and prompted three BCRI board members to resign Wednesday. The former board members — chair Mike Oatridge, first vice chair Walter Body and secretary Janice Kelsey — said they regret the circumstances surrounding the award’s selection process and “the dissension this has caused.” “It is hoped this move will enable the City of Birmingham to create a board structure that will best enable the BCRI to continue its critical mission in the future,” the trio said in a statement. “Our intention was to go on record about our concerns in a private letter sent to BCRI leadership,” she said in an email to AL.com, responding to a query about the letter. “We had no further part in the decision made by BCRI to cancel the event, and we were surprised at their decision.” The Holocaust education center’s letter was signed by board president Deborah Layman and the 11 other members of the board’s executive committee, as well as executive director Thomas Bryant. Layman said the committee voted unanimously to send the letter. Davis said she is still coming to Birmingham next month as part of “an alternative event.” A coalition of local activists and citizens said the “grassroots” event will be open to the public and will take place Feb. 16, at a site yet to be determined. “It will be a conversation with Dr. Davis, not a ticketed event,” DeJuana Thompson, founder of Woke Vote, said at a news conference Wednesday. “It will center around her life’s work and the current work she’s doing to address injustice around the world.” Layman said the Holocaust education organization is willing to meet Davis with when she comes to her hometown. ″(We) would be happy to have a conversation with Prof. Davis,” Layman said. “We believe that through open, respectful dialogue, mutual understandings may be reached.” Holocaust refers to the mass murder of European Jews and other groups by the Nazi Germans before and during World War II. Republished with permission from the Associated Press.
Liberal lawmakers challenge Donald Trump with drug cost legislation
Challenging the Trump administration on a top consumer issue, leading congressional liberals are unveiling a package of bills Thursday designed to radically reduce what Americans pay for prescription drugs by linking prices to lower costs in other countries. Challenging the Trump administration on a top consumer issue, leading congressional liberals are unveiling a package of bills Thursday designed to radically reduce what Americans pay for prescription drugs by linking prices to lower costs in other countries. The legislation has little chance of becoming law under a divided government, but it could put Republicans on the defensive by echoing themes and ideas that President Donald Trump has embraced at one time or another. The common denominator: Americans shouldn’t have to pay more for critical medications than consumers in other economically advanced countries. The Trump administration has put forward its own plan for reducing drug prices, but industry analysts have seen little impact so far. Independent Sen. Bernie Sanders of Vermont and Democratic Rep. Elijah Cummings of Maryland plan to introduce the three bills on Thursday, said their aides. Cummings chairs the House Oversight and Government Reform committee, which is expected to take a major role on drug pricing issues. A new idea in the package would open up generic competition to patent-protected U.S. brand-name drugs that are deemed “excessively priced.” A second bill would allow Medicare to directly negotiate with drugmakers. The third bill would allow consumers to import lower-priced medications from Canada. “It’s time to provide much-needed relief to the American people,” Cummings said in a statement. “No more talk. No more tweets. The American people want action.” “If the pharmaceutical industry will not end its greed … then we will end it for them,” said Sanders. Under their proposals, the federal Health and Human Services Department would get a major new mission regulating drug prices. Trump as a presidential candidate initially called for Medicare to negotiate drug prices and favored allowing Americans to import lower-priced medications from abroad, something that many consumers already do even if it is not legal. But Medicare negotiation is a political nonstarter for most Republicans, who favor a free-market approach to the U.S. pharmaceutical industry and prize its capacity for innovation. As president, Trump has unveiled a complex plan to lower drug costs, relying on dozens of regulatory actions. A key goal is to eliminate incentives for major actors like drugmakers, pharmacy benefit managers and insurers to stifle competition at the expense of consumers. Independent experts say the administration’s proposals would have an impact but they don’t limit the ability of drug companies to set high prices. Time and again, Trump has complained that other countries where governments set drug prices are taking advantage of Americans. Indeed, one of his ideas would shift Medicare payments for drugs administered in doctors’ offices to a level based on international prices. “We are taking aim at the global freeloading that forces American consumers to subsidize lower prices in foreign countries through higher prices in our country,” the president said in unveiling that proposal shortly before last year’s congressional elections. Sanders and Cummings would go far beyond Trump. Their legislation would essentially apply to any U.S. patent-protected brand-name drug, whether or not government programs are bearing the cost. By comparison, Trump’s international pricing proposal would not apply to retail pharmacy drugs purchased by Medicare beneficiaries or to medications for privately insured people. Under the lawmakers’ plan, drugs deemed “excessively priced” by HHS could face generic competition. A medication’s cost would be deemed “excessive” if its price in the U.S. is higher than the median, or midpoint, price in Canada, the United Kingdom, Germany, France and Japan. If the manufacturer is unwilling to cut its U.S. price, then the government could allow generic manufacturers to make a more affordable version of the medication. Generic companies taking on the task would have to pay “reasonable” royalties to the company holding the patent. The pharmaceutical industry is already adamantly opposed to Trump’s international pricing idea and is likely to fight the lawmakers’ proposal even harder. Republished with permission from the Associated Press.
AIDT to assist Airbus in hiring 600 new workers for Alabama growth
Airbus said it is working with AIDT to seek candidates to fill the first manufacturing positions at a new assembly line for A220 aircraft at the company’s production facility in Mobile. In addition, Airbus said it is hiring for production positions at its existing A320 Family aircraft manufacturing line on its Alabama campus. Altogether, Airbus plans to add 600 new employees in Mobile over the next 18 months. Open positions on both lines include aircraft structure/installation mechanics, aircraft cabin furnishings installers and aircraft electricians. Successful candidates for all positions will participate in several weeks of preparation at AIDT, the state’s primary workforce development agency, in a combination of classroom instruction and on-the-job training. “Airbus’ growth plans in Alabama underscore the strengths of the talented workforce that has already assembled more than 100 A320 family aircraft at the Mobile manufacturing facility,” said Greg Canfield, secretary of the Alabama Department of Commerce. “Alabamians take pride in their work, and building A220 aircraft in Mobile will be another major accomplishment for the state’s workforce.” For a full job description of all the positions and to apply, go to https://airbususmanufacturing.applicantpro.com/jobs/. AIDT’s contribution AIDT has already played a major role in helping Airbus assemble and train a workforce at the company’s only U.S. manufacturing facility. In 2014, AIDT, part of the Alabama Department of Commerce, opened a $7 million training facilit ynear the Airbus campus in Mobile. “The addition of the new Airbus A220 family of aircraft in Mobile is proof that Alabama is well positioned with its workforce training to meet the needs of manufacturers all over the world,” said Ed Castile, director of AIDT and deputy secretary of the Alabama Department of Commerce. “AIDT has worked with Airbus since the beginning, and we’re honored to continue our support,” he said. “Congratulations to Airbus and Bombardier. We’re proud that they chose to build this next-generation aircraft here.” Airbus and Canada’s Bombardier finalized plans last year to form a joint venture to produce Bombardier’s C Series passenger jet, now called the Airbus A220. The new A220 production facility will be at the Mobile Aeroplex at Brookley industrial complex, adjacent to Airbus’ A320 Family production line. It will build aircraft for U.S.-based customers. The assembly line, which will create more jobs and further strengthen the aerospace industry, is part of Airbus’ strategy to enhance its global competitiveness by meeting the growing needs of its customers in the United States and elsewhere. A220 aircraft assembly is planned to start in 2019, using a combination of the existing and expanded Airbus facilities at Brookley to enable the first A220 delivery from Mobile to take place in 2020. A groundbreaking ceremony for the new facility is planned for next week. A permanent production process will be established upon completion of an A220 final assembly line building in 2020. Birmingham’s HPM was selected as program manager for the construction project, according to a November announcement. HPM served as program manager for Airbus’ $600 million project to build its first U.S. manufacturing facility in Mobile, with work beginning in 2013. Airbus delivered its first Alabama-made A321 aircraft in 2016. Airbus said some candidates for the new Alabama jobs will have the opportunity for on-the-job training with the company’s manufacturing team in Mirabel, Canada, before returning to Mobile. Production on the first A220 aircraft begins in the third quarter. This story originally appeared on the Alabama Department of Commerce’s Made in Alabama website. Republished with permission from the Alabama NewsCenter.
Political pressure leaves little room for resolving shutdown
There is no easy way out. As the third government shutdown of President Donald Trump‘s tenure stretched into its 20th day, political pressures on Trump and the Democrats have left little room for compromise in the standoff over funding for a border wall. Most prominently, Trump’s narrow focus on the desires of his most ardent supporters has him convinced he cannot back off his signature campaign promise without facing backlash. Some powerful Republican allies in Washington and beyond are cheering on his demands for $5.7 billion funding for the wall, even if some remain uneasy. For Democrats, broad public skepticism about Trump’s case for the wall — combined with a driving push from the base to stand up to the Republican president — has assured them they’re on solid ground in refusing to bend. The looming question is whether the impact of the shutdown on government services and the plight of struggling federal workers force Republican lawmakers to break from the president or compel Democrats to budge. Until then, the dispute has given both parties a fast first test in the politics of divided government as they try to trade blame, manage their messages and strike a balance between competing political wings. Each side appeared dug in even deeper after a White House meeting between Trump and Democratic leaders on Wednesday as the economic livelihoods of some 800,000 federal workers hang in the balance. Trump said he quickly ended the meeting after House Speaker Nancy Pelosi indicated that Democrats would not fund his wall under any circumstances. Trump’s focus now is squarely on his conservative base and its support for the wall that came to symbolize Trump’s promise for a hardline, unrelenting approach to immigration. “He got elected because of that wall,” said Trump confidant Jerry Falwell Jr., president of the evangelical Liberty University. Falwell said he has told Trump he’s doing the right thing. “I don’t think it’ll help him at all if he backs down.” White House aides largely agree. Officials maintain the issue is a political winner, though they have urged the president to be more aggressive in making his case to the public — and to any wavering Republican lawmakers. Trump outlined his argument in graphic terms during a prime-time Oval Office address Tuesday night. While several studies suggest that illegal immigration has no impact on crime rates, the president highlighted horrific crimes committed by immigrants and suggested his wall was needed to prevent this “crisis.” “How much more American blood must we shed before Congress does its job?” asked Trump, who plans to visit the border on Thursday, the partial government shutdown’s 20th day. The longest shutdown ever was 21 days in 1995-96, when Bill Clinton was president. The White House has been searching for options — but not one that involves compromise. The administration has explored the possibility of funding the massive wall without congressional approval by declaring a national emergency or using funds from another department, though such moves would almost certainly trigger a legal challenge and may push some Republicans in Congress to break. Trump on Wednesday acknowledged the political pressure from within his own party not to back down. “If I did something that was foolish, like gave up on border security, the first ones that would hit me would be my senators — they’d be angry at me. The second ones would be the House. And the third ones would be frankly my base and a lot of Republicans out there and a lot of Democrats that want to see border security,” he told reporters. Meanwhile, the president’s Republican critics are few and far between. Vice President Mike Pence got a standing ovation during a closed-door meeting of congressional Republicans on Tuesday after he told them to “stand strong” and cited a C.S. Lewis quote on courage as a virtue. As many as two dozen Republicans — a tiny fraction of the 199 Republicans serving in the House — are expected to join House Democrats this week in passing a bill to start reopening parts of the government. There were modest signs of discomfort with Trump’s strategy among Senate Republicans, though few had a pressing political incentive to break with the president given that all but a handful expect easy re-elections in 2020. Sen. John Cornyn, R-Texas, called the shutdown “completely unnecessary and contrived. People expect their government to work … this obviously is not working.” At the same time, newly elected Sen. Kevin Cramer, R-N.D., was more representative of the mood in his caucus when he said voters back home believe Trump is doing the right thing: “They love him. And they want the wall.” The GOP support stands in sharp contrast to most Americans, who do not approve of Trump’s job performance. His approval rating has hovered close to 40 percent or below for much of his presidency. But Trump’s approval within the Republican Party has surged close to 90 percent. The sharp divide is reflected in public opinion of the wall. Overall, 54 percent of Americans oppose construction of a wall along the Mexican border, according to a Quinnipiac poll released in December. At the same time, 86 percent of Republicans backed the proposal. Those numbers have helped keep Democrats united in opposition. Both party leaders on the Hill and the handful of presidential hopefuls starting to compete for the Democratic nomination have called on Democrats to hold strong. Billionaire activist Tom Steyer began running ads in key states calling for Trump’s impeachment long before the shutdown drama began to unfold. “It’s not a question as to whether the Democrats are out of line,” said Steyer. “What (Trump) is doing is trying to extort the Democratic Congress with the pain of the American people. … It’s like somebody who kidnapped a kid and is holding them hostage to his campaign promise, which made no sense then, makes no sense now, and is incredibly wasteful.” Steyer said Wednesday that he had decided against a 2020 presidential bid.
