Steve Flowers: 2022 elections six months away
Believe it or not, we are six months away from the 2022 elections. All statewide offices will be decided in the May 24, 2022, Republican Primary. Winning the Republican Primary is tantamount to election in the Heart of Dixie. Therefore, garnering the endorsement of the most conservative group in the state is vitally important towards an election. That group is the Alabama Farmers Federation or commonly known as Alfa. The Farm PAC Alfa endorsement is the gold standard for conservatism, and it is the ticket to election in Alabama. The Alabama Farmers Federation is governed by county federation leaders in each of the state’s 67 counties, and the word leaders should be emphasized. The leaders of each county federation are respected men who have been born and raised in their community. Many have owned farmland for generations, are respected agribusinessmen, deacons in their churches, and board members of their local banks. In other words, they are centers of influence, and their words and recommendations extend well beyond their agricultural base. To win the Alfa endorsement, statewide candidates have to go see each of the county federation members in all 67 counties. There are over 100,000 actual farmers in the state that vote the Alfa endorsed ballot right down the line. There are also affiliated agribusiness groups that toe the Alfa line. In addition, there are over 100,000 insurance policyholders throughout the state who have their car and homeowners’ insurance with Alfa, and they see the Farm PAC endorsement and usually follow it because they have contributed to Farm PAC. Additionally, a good many Alabamians will see their friends and neighbors with an Alfa ballot and ask them who Alfa has endorsed in certain races. Then they will vote that way because they know Alfa has vetted the candidates and chosen the most conservative ones. The Alfa endorsements for the May 24, 2022 elections were decided on September 28, 2021. These endorsements will be decisive. Katie Britt won the endorsement for the open U.S. Senate race, which will be the marquee race next year. She got it the old-fashioned way. She worked for it. She got out and visited and got to know almost every farmers federation member in the state. This endorsement will probably propel her to victory. Governor Kay Ivey received the endorsement. She has been the darling of Alfa her entire career. The Farm PAC endorsement was critical in allowing her to win the governorship without a runoff four years ago. They have been with her from the get-go when she was State Treasurer two terms and Lt. Governor two terms. Will Ainsworth received the Alfa endorsement for reelection as Lt. Governor. This endorsement is the reason he upset Twinkle Cavanaugh in their race four years ago. Alfa was the reason he won that race and has made his political career. Incumbent Attorney General Steve Marshall has been endorsed by Alfa because he has proven to be a real conservative. Rick Pate has won the Alfa endorsement for a second term as Agriculture Commissioner. He had the endorsement four years ago, and it helped him win. Folks are really interested in who Alfa endorses for Agriculture Commissioner. Incumbent PSC Commissioners Chip Beeker and Jeremy Oden received the coveted Alfa nod. One of the most critical endorsements Alfa made was selecting Greg Cook for the Alabama Supreme Court seat of retiring Judge Mike Bolin. This endorsement of Greg Cook is pivotal. It proves that he is the conservative pro-business candidate for the Supreme Court. It will probably assure his victory. Popular incumbent Supreme Court Justice Kelli Wise got the endorsement even though she may be unopposed. Three candidates for secondary constitutional offices received the endorsement of Alfa and will be instrumental in their elections are Wes Allen for Secretary of State, Young Boozer for State Treasurer, and Rusty Glover for State Auditor. Glover’s getting the endorsement is that race is pivotal, as is Wes Allen’s in the Secretary of State. Alfa has endorsed all of the incumbent Republican Congressmen, including Jerry Carl, Barry Moore, Mike Rogers, Robert Aderholt, and Gary Palmer. They have endorsed Dale Strong in the open 5th district congressional race. He appears to be the favorite. All of Alfa’s statewide endorsements are Republicans. That makes sense because every statewide officeholder in the state is a Republican. If you made me bet, I would wager that all of the above-mentioned Alfa endorsed candidates will win next year. We will see in about six months. See you next week. Steve Flowers is Alabama’s leading political columnist. His column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Judge blocks tax cut rule in American Rescue Plan
A federal judge has blocked the U.S. Treasury from enforcing a provision of the American Rescue Plan Act that prohibited states from using the pandemic relief funds to offset new tax cuts. U.S. District Judge L. Scott Coogler ruled Monday in Alabama that Congress exceeded its power in putting the so-called tax mandate on states. He entered a final judgment in favor of 13 states that had filed a lawsuit and instructed the Treasury Department not to enforce the provision. The judge left the rest of the law in place. The American Rescue Plan steered $195 billion in flexible relief funds to states but specified that states could not use it as a means to cut taxes by using the federal relief dollars to offset the revenue reduction. The judge described the tax-cut restrictions as “a federal invasion of State sovereignty” that was “unconstitutionally ambiguous” — leaving states guessing as to whether their tax cuts would trigger a repayment of federal funds. “The Tax Mandate’s restriction on direct or indirect state tax cuts pressures States into adopting a particular — and federally preferred — tax policy,” Coogler wrote. That “may disincentive” states “from considering any tax reductions for fear of forfeiting ARPA funds,” The lawsuit was filed by Alabama, Arkansas, Alaska, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia. Alabama Attorney General Steve Marshall called those tax-cut restrictions “an unprecedented and unconstitutional assault on state sovereignty by the federal government.” Officials from other states on Tuesday also praised the ruling. West Virginia Attorney General Patrick Morrisey said the decision “ensures our citizens aren’t stuck with an unforeseen bill from the feds years from now.” Kansas Attorney General Derek Schmidt said it “clears the way” for the state to pursue a sales tax cut on groceries “without fear of federal reprisal.” Justice Department lawyers representing the Treasury Department argued the money should be used for its intended purpose — pandemic recovery. “Congress did not provide Rescue Plan funds for States to replace purposeful decreases in net tax revenue; it provided the money to help States economically recover from the pandemic in ways they otherwise could not,” federal lawyers wrote in an August court filing. Federal government lawyers added, “states are free to cut all the taxes they want, as long as they do not use the federal aid to ‘offset’ any decreased revenue.” Republished with the permission of the Associated Press.
Steve Marshall declares victory over ban on state tax cuts
Alabama Attorney General Steve Marshall announced Monday that the State had won its lawsuit against the U.S. Department of Treasury over a provision of the American Rescue Plan Act (ARPA) that punishes states for making changes to any laws that would reduce taxes. The U.S. District Court for the Northern District of Alabama granted the States’ motion for a final judgment and permanent injunction, instructing the Treasury Secretary not to seek enforcement of the Tax Mandate against the plaintiff states. In its opinion, the court noted, “The Tax Mandate’s restriction on direct or indirect state tax cuts pressures States into adopting a particular—and federally preferred—tax policy. The inherent ambiguity in the text of the mandate may disincentive the Plaintiff States from considering any tax reductions for fear of forfeiting ARPA funds. This is a federal invasion of State sovereignty…” Marshall stated, “This federal tax mandate is an unprecedented and unconstitutional assault on state sovereignty by the federal government, which attempts to commandeer the State of Alabama’s sovereign power to tax and spend and determine her own fiscal policies. I am pleased that the court agreed. My Office is now fighting this pattern of behavior by the federal government on a weekly basis in court and we have no intention of stopping.” Alabama co-led the lawsuit with West Virginia and Arkansas, was joined by Alaska, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah.
Steve Marshall sues Biden Administration over vaccine mandate
Attorney General Steve Marshall is making good on the threat to sue the Biden Administration of the vaccine mandate announced this week. Marshall also filed a lawsuit last Friday challenging the federal-contractor vaccination mandate. Marshall posted yesterday on Twitter, “See you in court, @JoeBiden.” Marshall filed a legal challenge to block President Biden’s private-employer vaccine mandate. The petition for review was filed in the Eleventh Circuit immediately after the rule was formally published Friday morning. The proposed emergency rule from the Occupational Safety and Health Administration (OSHA) requires private companies with 100 or more employees to ensure that their workers are either fully vaccinated by January 4, 2022, or workers will have to submit to weekly testing and wear masks. Marshall stated, “Today, I’ve challenged the Biden Administration’s latest attempt to wreck our nation’s economy while satiating the left’s infatuation with government-mandated immunization. Not only is this mandate based on a faulty public health premise—that workplace immunization will stop the spread of COVID—but it is based on an utterly flawed legal premise as well. When you consider the number of employees impacted by both the federal-contractor and private-employer mandate, Biden has effectively issued a nationwide vaccine mandate. As I have said before, this effort is illegitimate and legally unserious. Based on recent U.S. Supreme Court precedent, I am confident the Eleventh Circuit will agree.” Marshall argued that the mandate will only worsen the labor crisis. Marshall commented, “Our nation is in the midst of a labor crisis. We can see and feel that here in Alabama. Instead of promoting policies that would encourage individuals to re-enter the work force, this Administration has done nothing but deter them. Vaccine mandates don’t guarantee protection from COVID—they guarantee a labor shortage.” Marshall joined colleagues from Florida and Georgia to challenge the OSHA rule, along with one Alabama-based private plaintiff, Scotch Plywood Company, Inc. In late October, Marshall, along with Republican state legislative leaders and the state Personnel Office, issued an advisory regarding the COVID-19 vaccine mandate urging federal contractors in the state to not investigate employees seeing a religious exemption to the COVID-19 vaccine.
Huntsville schools ask state about renaming Lee High School
The public school system in Huntsville has agreed to ask Alabama’s attorney general whether it can rename a school honoring Gen. Robert E. Lee without violating a state law meant to protect Confederate memorials and monuments. News outlets reported that board members during a meeting Tuesday authorized their attorney to seek an opinion about whether such a move would conflict with the Alabama Memorial Preservation Act, which carries a $25,000 fine. Passed in 2017 when rebel monuments were being challenged nationwide, the law prohibits the removal, alteration, or renaming of any monument that’s located on public property which has been in place at least 40 years. Board attorney Chris Pape said Lee High School moved into a new building in 2012, the law shouldn’t apply. But one baseball field remains from the school’s original 1957 location, so the system is asking Attorney General Steve Marshall’s office if “that one piece is enough to make the act apply,” Pape said. Superintendent Christie Finley announced a proposal to rename the school in June. Huntsville is in Madison County, which paid the $25,000 penalty to the state after removing a Confederate monument from outside the courthouse last year. Republished with the permission of the Associated Press.
Alabama: Vaccine mandate will lead state employees to quit
Alabama argued in a lawsuit challenging the federal vaccine requirements that many university and state agency employees would leave their jobs if required to get vaccinated against COVID-19. Alabama joined with a coalition of other states in a lawsuit filed late Friday challenging the vaccine mandate on federal contractors. The lawsuit is part of Republican-led efforts to oppose the federal requirements. Alabama Attorney General Steve Marshall this week also urged businesses, universities, and state agencies to consider employees’ requests for medical and religious exemptions. “From the moment the White House tried to force this vaccine on to Americans, I have said that Alabama is standing strong against it and that the way to stop this is to go to the courts,” Alabama Gov. Kay Ivey said in a statement this weekend. Alabama has one of the lowest vaccination rates in the country with just 44.7% of the population fully vaccinated, compared to a national average of 58%. In announcing the rules in September, President Joe Biden said the unvaccinated were hindering the nation’s recovery. “Without vaccination requirements, we face endless months of chaos in our hospitals, further detrimental impacts on our economy, and anxiety in our schools. With them, we will accelerate our path out of the pandemic,” the White House wrote on a page about the requirements. In the lawsuit filed late Friday, Alabama claimed that many university and Alabama Department of Public Health employees would “likely quit their jobs rather than receive the COVID-19 vaccine as a condition of further employment.” Even as the state sues, Auburn University and the University of Alabama campuses have said employees must get vaccinated by Nov. 8 because the campuses all are federal contractors. Vaccine mandates have already been the subject of litigation. The Supreme Court has rejected an emergency appeal from health care workers in Maine to block a vaccine mandate that went into effect Friday. Many of Alabama’s public universities and some state agencies have received notice that they are subject to the federal-contractor vaccination mandate, according to the attorney general’s office. Marshall issued an advisory this week instructing Alabama-based employers, including public university employers, to liberally interpret “in favor of the employee” any requests for medical and religious exemptions to the vaccination mandate. When an employee requests a religious exemption, Marshall said state agencies should not “inquire into the validity of an employee’s religious beliefs, including the motives or reasons for holding the belief.” That deviates from federal guidance where federal employees are asked to participate in an interactive process and bring documentation supporting the request for an exemption. Twelve bills related to vaccinations were introduced in the ongoing special session on redistricting, but key lawmakers said they do not expect to debate the proposals before the winter regular session. House Speaker Mac McCutcheon said Republicans want to fight the mandate but suggested it would be counterproductive to pass legislation that couldn’t impact federal law. The U.S. Constitution’s supremacy clause is clear that federal law overrides any conflicting state laws. “The last thing we want to do is have a knee-jerk reaction on something that may sound good politically, but in substance what does it do. You haven’t done the people any justice by doing it that way,” McCutcheon said. Businesses with federal contracts could be placed in an uncomfortable situation if torn between conflicting state and federal mandates. Some current mandates — such as a hospital requiring doctors to get yearly flu shots — could be impacted by the proposed bills. Republican Sen. Arthur Orr of Decatur said there will be ongoing discussions about how to craft legislation that could help the state litigation. Orr said he is hearing more and more stories of people faced with losing their jobs because they are not vaccinated. “It’s been tragic,” Orr said. Republished with the permission of the Associated Press.
Steve Marshall advises Alabama federal contractors not to investigate employees seeking vaccine exemption
Alabama Attorney General Steve Marshall, along with Republican state legislative leaders and the state Personnel Office, have issued an advisory regarding the COVID-19 vaccine mandate for federal contractors. The advisory urges federal contractors in the state to not investigate employees seeing a religious exemption to the COVID-19 vaccine. The letter states, “Alabama-based employers, and particularly public university employers, should liberally construe—in favor of the employee—any exemption sought by an employee for medical or religious reasons. In reviewing an employee’s request for a religious exemption, employers should not inquire into the validity of an employee’s religious beliefs, including the motives or reasons for holding the belief.” The letter was co-signed by State Personnel Department Director Jackie Graham, Mac McCutcheon, Greg Reed, Danny Garrett, Arthur Orr, Steve Clouse, and Greg Albritton. The letter comes after the University of Alabama and Auburn University said they will require all federal employess to be vaccinated by December 8. The schools issued a joint statement last week saying, “As federal contractors, and like most higher education institutions, the University of Alabama System campuses – including The University of Alabama, the University of Alabama at Birmingham, and the University of Alabama in Huntsville – and Auburn University must comply with the executive order and accompanying guidance, unless that executive order is withdrawn or modified.” “Failure to comply will place our universities in jeopardy of losing hundreds of millions of dollars received through federal contracts and awards, as well as thousands of jobs funded by those dollars.” Marshall also added that any public university employee that is denied a reasonable request for exemption should contact the Civil Division of the Attorney General’s Office. The letter explains, “No employee of a public university in Alabama, nor any employee of Alabama state government, will forfeit their livelihood as a result of the federal government’s flagrant overreach.” “The Attorney General’s Office, working with the State Personnel Department, will assist in transferring these employees into other public university/state employment,” the letter continued. Marshall also added that the Attorney General’s Office is preparent a lawsuit to fight the mandate. Marshall stated on Twitter, “Alabama-based employers should liberally construe – in favor of the employee – any exemption sought by an employee for medical or religious exemptions with regards to vaccine mandates. My office is preparing its lawsuit to challenge the federal government.”
Kay Ivey directs agencies to resist COVID vaccination mandate
Alabama Gov. Kay Ivey on Monday directed state agencies not to cooperate with the federal COVID-19 vaccine mandate, where possible, and instead help with the state’s efforts to file a lawsuit challenging the vaccination requirements. The directive is part of Republican officials’ efforts to resist the Biden administration’s vaccine mandate, but the impact of the Alabama order is unclear since it can only cover state executive branch agencies. Ivey signed an executive order forbidding executive branch agencies — which include agencies such as Medicaid, Mental Health and Human Resources — from penalizing employees or businesses for non-compliance with the federal vaccine mandate. If federal law requires the penalty, Ivey directed the state entity to take steps to notify the affected business or individual that Alabama does not condone the penalty. Gina Maiola, a spokesperson for Ivey, said the governor issued the executive order because some state agencies could potentially fall under the federal vaccine mandate or have enforcement duties. Maiola did not immediately respond to an email seeking examples. “The federal government’s outrageous overreach has simply given us no other option, but to begin taking action, which is why I am issuing this executive order to fight these egregious COVID-19 vaccine mandates,” Ivey said in a statement. The executive order comes three days after the state’s largest universities announced employees must get vaccinated because of the federal mandate. However, Ivey’s executive order would not impact those plans announced by the University of Alabama System and Auburn University to require employees to be vaccinated for COVID-19 by Dec. 8. The universities were created by the Alabama Constitution and are under the management and control of a board of trustees. The schools said the Alabama campuses in Tuscaloosa, Birmingham, Huntsville, and Auburn all are federal contractors, so they have to comply with an executive order signed last month by President Joe Biden. Ryan Easterling, a spokesperson for the Alabama Department of Public Health said that agency is still investigating how it is affected by the federal mandate, but wrote in an email that, “we intend to comply with (the) Governor’s order.” Biden in September ordered sweeping new federal vaccine requirements for as many as 100 million Americans. The expansive rules mandate that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly. Roughly 17 million workers at health facilities that receive federal Medicare or Medicaid also will have to be fully vaccinated. Biden is also requiring vaccination for federal employees of the executive branch and contractors who do business with the federal government. Conservative Republican in several states have vowed resistance to the mandate, calling it a federal overreach, but so far have limited options in trying to undercut the requirements. The issue is likely bound for court after GOP attorneys general vowed to sue. The White House has previously accused Republican officials to putting politics ahead of safety, noting the effectiveness of vaccines at preventing people from dying from a virus that has already killed more than 730,000 Americans. Alabama Attorney General Steve Marshall said earlier this month that his office is preparing to challenge the mandate on employers once the rule is unveiled. Ivey’s executive order directed executive agencies to cooperate with Marshall’s office in “furtherance of litigation brought by the State to challenge any federally imposed COVID-19 vaccination requirement.” In a statement Monday, the Alabama Democratic Party said vaccine mandates are “nothing new,” noting that states and the federal governments mandate a number of things to protect people — including seat belts, restaurant inspections and numerous other vaccinations that are required to go to school or join the military. “What’s wrong with a mandate that protects public health and keeps our hospitals from overcrowding?” the party stated. Republished with the permission of the Associated Press.
Alabama town’s ex-police chief accused of domestic violence
The former police chief for a town in south-central Alabama faces multiple charges of domestic violence. In a news release Thursday, Attorney General Steve Marshall said former Lockhart Police Chief Franklin Jackson, 50, of Lockhart, surrendered a day earlier at the Covington County Sheriff’s Office. Marshall’s office did not say whether Jackson has an attorney who could speak on his behalf. Marshall said Jackson was indicted on September 28 by a Covington County grand jury. The indictment charges him with one count of domestic violence strangulation or suffocation, one count of second-degree domestic violence/stalking, two counts of third-degree domestic violence/harassment, and one count of third-degree domestic violence/assault. Further details about Jackson’s alleged crimes have not been released. It wasn’t immediately clear when Jackson left the Lockhart Police Department. If convicted, Jackson faces between two and 20 years in jail and a fine of up to $30,000 for the charges involving strangulation or suffocation and second-degree domestic violence/stalking, which are felonies. He also faces up to a year behind bars and a fine of up to $6,000 on each of the third-degree domestic violence charges, which are misdemeanors. Republished with the permission of the Associated Press.
Steve Marshall: Sergeant Nick Risner and the costliness of “reform”
With the death of Sergeant Nick Risner this weekend, our state has lost ten law enforcement officers in ten months and twenty-four officers in five years. Sergeant Nick Risner was killed by a man whose name isn’t worth mentioning. That man had killed before—in fact, he killed his own father. In 2013, the man was sentenced to ten years in prison for manslaughter. A mere two-and-a-half years after entering prison, he was given the benefit of a parole hearing. His parole was denied. While in prison, the man racked up a lengthy rap sheet. Records indicate that he got into a fight and seriously injured another inmate. He was disciplined for disobeying a correctional officer. He got caught with drugs in his possession, twice. Naturally, the man was awarded “good time,” provided for in statute, for this stellar behavior while incarcerated. As a result, the man served three years, two months, and fifteen days of his ten-year sentence. He was released from prison in May of 2016. Had he served the full length of his sentence, he would have been in prison, not in the Walmart parking lot, last Friday afternoon when Sergeant Risner was shot. When the news of Sergeant Risner hit the wires over the weekend, politician after politician tweeted their support for law enforcement and their sympathy for the victims. But only days before, at the end of a five-day legislative session, a new law was enacted mandating that all inmates—including violent ones with histories just like this shooter’s—be let out of prison up to one year early to be “supervised” before the formal end of their sentence. Twenty-three House members and only six senators thought this was a bad idea. Had this law been in effect when Sergeant Risner’s killer was initially sentenced, his ten-year sentence would have been reduced to a little over three years with automatic “good time,” and his paltry three years behind bars would’ve been further reduced to only two. Consider too that just six months ago, the legislature enacted yet another law that would reduce time served in prison under the “Education Incentive Time Act.” As introduced and passed unanimously by the Alabama Senate, rapists and murderers were to be considered for parole up to twelve months early for taking advantage of educational programming while in prison. Despite being publicly chided by a Republican member of the legislature for getting involved, my Office successfully fought to have most violent offenders removed from this legislation. Each time, the same tired rhetoric is used as justification for passage: our prisons are “overcrowded,” and the inmates “are eventually going to get out anyway.” The current population of Alabama’s prisons is 81 percent violent. The population that is non-violent does not serve any appreciable time inside the prison walls. As evidenced by the “reforms” pushed last week, we are at a point where any further “reforms” will benefit primarily violent offenders—there is simply nobody else to “reform.” I’m glad we’ve all agreed that we need to build prisons, but strangely, I seem to be alone in the view that most of our current prison population ought to stay locked up. The policymaking in this state is completely and utterly detached from what law enforcement and prosecutors see day in and day out. There must be a reckoning for the real-life consequences of these decisions. It is time that the Alabama public speak up and speak out about this dangerous and seemingly endless trajectory of “criminal justice reform.” Your state leaders are not listening. Steve Marshall is the 48th Attorney General of the State of Alabama.
FarmPAC announces 2022 political endorsements
FarmPAC, the political arm of the Alabama Farmers Federation’s (ALFA), has announced its endorsements for the upcoming primary elections for 2022. ALFA president and CEO Jimmy Parnell explained that the endorsements came after months of study and consideration of all candidates who went before the federation. Parnell stated, “These candidates have invested time in getting to know our county leaders. They’ve spent time on our farms and attended meetings where they heard about the issues and concerns important to Federation members. At the same time, our county leaders have studied the candidates and decided these individuals have the knowledge, experience, and determination to help lead our state and nation in the right direction.” The following candidates have earned the official endorsement of FarmPAC: • Katie Britt — U.S. Senate• Jerry Carl — U.S. House of Representatives, District 1• Barry Moore — U.S. House of Representatives, District 2• Mike Rogers — U.S. House of Representatives, District 3• Robert Aderholt — U.S. House of Representatives, District 4• Dale Strong — U.S. House of Representatives, District 5• Gary Palmer — U.S. House of Representatives, District 6• Terri Sewell — U.S. House of Representatives, District 7• Kay Ivey — Governor• Will Ainsworth — Lieutenant Governor• Steve Marshall — Attorney General• Wes Allen — Secretary of State• Young Boozer — Treasurer• Rusty Glover — Auditor• Rick Pate — Commissioner of Agriculture and Industries• Greg Cook — Alabama Supreme Court, Place 5• Kelli Wise — Alabama Supreme Court, Place 6• Jeremy Oden — Public Service Commission, Place 1• Chip Beeker — Public Service Commission, Place 2• Tracie West — Alabama State Board of Education, District 2• Yvette Richardson — Alabama State Board of Education, District 4• Cynthia McCarty — Alabama State Board of Education, District 6• Wayne Reynolds — Alabama State Board of Education, District 8 Endorsements approved at Tuesday’s meeting will carry through to the general election. Additionally, the federation stated they would announce their endorsements for state legislature at a later date. FarmPAC Chairman Steve Dunn of Conecuh County said the Federation encourages voters to study the issues and candidates prior to the election. Dunn stated, “It’s important for Alabama voters to be engaged in the electoral process,” said Dunn. “We encourage members to exercise their right to vote, regardless of their political preference, and to consider these FarmPAC endorsements when they go to the polls.”
Judge dismisses execution lawsuit, reprimands AG’s office
On Friday, a federal judge paved the way for Alabama to proceed with a lethal injection next month and reprimanded the state attorney general’s office for giving false information to the court during the litigation centered on forms given to death row inmates for selecting an execution method. Chief U.S. District Judge Emily C. Marks dismissed a lawsuit that argued the state failed to give Willie Smith, who has an IQ below 75, required help under the Americans with Disabilities Act in filling out forms that affected the timing of his execution. Smith is scheduled to be executed on Oct. 21 by lethal injection for the 1991 kidnapping and murder of 22-year-old Sharma Ruth Johnson in Birmingham. After Alabama authorized nitrogen hypoxia as an execution method, the state gave death row inmates a brief window to select that as their execution method. The state has not yet developed a protocol for using nitrogen hypoxia and is not setting execution dates for inmates who requested it. Smith did not turn in a form selecting nitrogen. His attorneys argued that the state was required by law to help intellectually disabled inmates like Smith with the form. Marks dismissed the claim, saying the form was not required by state law and that Smith could have written on his own to request nitrogen. Marks ruled that the “form was not required, directed, or sanctioned” by state law and “for the entire month of June 2018, both before and after this form was distributed, Smith had the ability to opt into execution by nitrogen hypoxia through any writing he chose.” Smith’s attorney indicated they will appeal. “The court’s dismissal of our complaint on jurisdictional grounds does not reject the merits of our claim, which is that the Department of Corrections, when it distributed an opt-in form for a method of execution, created a program without providing an accommodation to Mr. Smith, who is cognitively disabled. We are anticipating appealing this decision and continuing to fight for Mr. Smith,” federal defender John Palombi wrote in an email. Marks also issued an order formally reprimanding the Office of the Alabama Attorney General Steve Marshall and Assistant Attorney General Lauren Simpson over false information given to the court. Simpson had previously told the court that the warden of Holman Prison made the decision herself to hand out the forms. However, the judge noted that Warden Cynthia Stewart in 2018 testified that she was instructed to do so. “Although she could not recall who gave her the instruction, she acknowledged it would have been someone above her in the chain of command,” Marks wrote. Simpson was fined $1,500. Marks wrote that the misrepresentation was inexcusable, although she did not think Simpson acted maliciously. “The Court finds that the improper conduct here was reckless, particularly given that this is a case involving the death penalty; it was not an isolated event but rather occurred across two written filings and was stated orally at a hearing,” Marks wrote. Republished with the permission of the Associated Press.
