Law enforcement leaders support Steve Marshall’s Gang Prevention Act
Alabama Attorney General Steve Marshall applauded a letter submitted to the Alabama Legislature from 162 Sheriffs and Chiefs of Police from across the state calling for the swift passage of legislation that would prosecute 16-year-olds as adults if they commit a serious crime furthering the interests of a gang. Senate Bill 143 (SB143) is sponsored by State Sen. Will Barfoot. The same legislation has been introduced in the House as House Bill 191 (HB 191) by State Rep. Allen Treadaway. The Alabama Gang Prevention Act provides penalty enhancements for felonies committed to further the interests of a gang, attaches a minimum sentence to any use of a firearm to promote a gang, and certifies individuals aged 16 and older as adults when charged with gang-related offenses under the Act. “Gang violence has steadily increased over the last decade, but we must refuse to accept in Alabama,” the sheriffs and police chiefs wrote. “The legislature can help to curb this trend by enacting the Alabama Gang Prevention Act,” said Attorney General Marshall. “Together, we are urging the swift passage of this legislation that will give state and local law enforcement the tools they need to take back our streets.” “Currently, Alabama has no law on the books to specifically combat or deter gang activity and gang violence,” the letter explains. “Gang violence is a cancer and tough sentences are the antidote.” According to the synopsis, “This bill would identify gang members. This bill would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. Under existing law, juveniles 16 years of age or older are tried as adults for certain crimes. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity.” On Tuesday, Senate Bill 119, which would have prosecuted 16-year-olds as adults for assaulting the staff of a juvenile corrections facility with a weapon, was carried over in the Senate after Senate Minority Leader Bobby Singleton objected to prosecuting 16-year-olds as adults. The sponsor, Sen. Linda Coleman-Madison, is working with Singleton on a compromise. SB143 and HB191 potentially would lead to many more youthful offenders being prosecuted as adults. It also has the potential to exacerbate Alabama’s prison overcrowding situation. SB143 will be considered by the Senate Judiciary Committee when it meets on Wednesday in Room 325 in the Alabama Statehouse. HB191 will be considered by the House Judiciary Committee on Wednesday afternoon when it meets in Room 200. Wednesday will be day 9 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Senate Committee to hear legislation requiring Ethics Commission to share exonerating evidence with accused defense counsel
On Wednesday, the Senate Judiciary Committee will consider whether or not to advance legislation requiring that the Alabama Ethics Commission share evidence uncovered that would exonerate persons accused of wrongdoing. Senate Bill 103 is sponsored by State Sen. Arthur Orr. The legislation is in response to an advisory opinion issued last year by the Alabama Ethics Commission itself stating that the Commission’s investigators do not have to share any exonerating evidence with the attorneys of persons being investigated by the Commission. Alabama Attorney General Steve Marshall strongly objected to that position. He claimed that that position, which is counter to the rules of evidence in an Alabama courtroom, makes prosecuting any cases referred to the Attorney General’s office by the Commission problematic at best. The Attorney General’s office has sued the Ethics Commission to force the Commission to overturn the policy. Marshall has gone so far as to argue that any referral to prosecute someone from the Ethics Commission is “worthless” when it is highly possible that either in the trial or later when that conviction is appealed, it becomes known that there was exculpatory evidence already known to the Ethics Commission, but that evidence had been intentionally suppressed by the Ethics Commission or its staff. “Thus, the respondent can neither be confident that he fully understands the case against him, nor that the exculpatory evidence has been considered by the Ethics Commission before it votes on whether to refer the matter for prosecution or administrative resolution,” the lawsuit states. “In either case, the respondent’s legal defense is impeded.” According to the synopsis. “This bill would require the State Ethics Commission, before referring a case for prosecution of an alleged ethics or campaign finance violation or before resolving a violation administratively, to provide the person who allegedly violated the law with exculpatory evidence in the possession of the commission.” Passage of SB103 would mean that the Ethics Commission would have to share any evidence that it finds indicating that the accused may have been innocent of whatever crimes they have been charged with the accused and their attorneys before the Commission issues its judgment as well as before it refers any cases to the attorney general’s office or a district attorney for criminal prosecution. The Commission’s counsel has argued in court filings that this would “have a chilling effect” on the work of the Commission. SB103 is one of seven bills being considered by the Senate Judiciary Committee when it meets in Room 325 on Wednesday in the State House. As of Monday, 471 bills have been filed thus far in the 2023 Alabama Regular Legislative Session. Wednesday will be day 9 of the regular session. The Alabama Constitution limits the regular session to no more than thirty legislative days during a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Governor orders flags at half-staff to honor fallen Huntsville Police Officer Garrett Crumby
On Tuesday, two Huntsville Police officers were shot while responding to a domestic violence call where a woman had already been shot. One of those officers, Garrett Crumby, died at the hospital from his wounds. In honor of Crumbly, Alabama Governor Kay Ivey has ordered flags to be flown at half-staff on Monday to honor Huntsville Police Department Officer Crumby. “I am directing flags to be flown at half-staff on Monday, April 3, to honor Huntsville Police Department Officer Garrett Crumby, who was tragically killed in the line of duty on March 28, 2023,” Ivey stated in a press release. “On behalf of the state of Alabama, I express my deepest sympathies to his family, friends, and fellow law enforcement professionals,” said Ivey. “I am forever grateful for Officer Crumby’s dedication in keeping our communities safe and serving the people of Alabama.” Officer Albert Morin was also gravely shot and was still at Huntsville Hospital in critical condition recovering from his wounds as of press time. “Additionally, I call on all Alabamians to uplift Officer Albert Morin in prayer as he recovers from injuries sustained during the tragic incident. We stand with the men and women who sacrifice everything to protect our communities.” The flags are to remain at half-staff until sunset on Monday. Crumby and Morin were responding to an emergency domestic violence call at the Governor’s House apartment complex Tuesday evening when they were “ambushed” by 24-year-old Juan Robert Laws, who had already shot a female victim on scene, according to Alabama Attorney General Steve Marshall. The Huntsville Police Department said on Facebook, “The hearts of the Huntsville Police family are heavy following the loss of Huntsville Police Officer Garrett Crumby, 36, who made the ultimate sacrifice protecting his community. Our thoughts and prayers are with Officer Albert Morin, 34, who is still in critical condition at Huntsville Hospital. The Huntsville Police Department thanks those in Huntsville and beyond for their continued support.” His fellow officers escorted Officer Crumby’s body as it was transported to the Berryhill Funeral Home. Laws had previously shot two people in a January altercation and had been released on bond awaiting trial for two charges of Second Degree Assault at the time of Tuesday’s shooting. Laws and his female victim are in the hospital recovering from their injuries. The Chairman of the Madison County Commission, Mac McCutcheon, himself a Huntsville Police force veteran, said on Facebook, “My prayers are with the HPD Officers tonight! We have lost one Officer, and another is fighting for his life! Heroes and servants of the people. I was so very thankful for the support of the law enforcement family coming together to support each other. It was an emotional time at the ER. Chief Giles is a friend and a true leader of the men and women who wear the uniform and put on the badge of servanthood, law and order! The Sheriff’s Department gave backup and began taking calls in the City to give HPD the freedom to take care of their Officers. We must continue to pray for the grieving family members and the Officer fighting for his life. Let’s also remember the team at the 911 center. As I met with them tonight they too have experienced the emotional trauma of trying to dispatch and give aid to the officers on the call. God be with the men and women who sacrifice everything to keep us safe!! It is a family of the thin blue line that we should be thankful for!!!” To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Huntsville police officer killed in the line of duty, second in critical condition
On Tuesday, Huntsville Police Officer Garrett Crumby was fatally shot in the line of duty responding to a domestic violence call at the 4600 block of Governors House Drive. A female domestic violence victim had already been shot. Crumby died from his wounds at the hospital on Tuesday night. The assailant also shot Officer Albert Morin. Morin is out of surgery and remains in critical condition. The two officers were ambushed when they arrived at the scene by the assailant. Alabama Attorney General Steve Marshall issued a statement following the death of Officer Crumby. “Tonight, our State grieves the death of another member of the law enforcement community—one who, when called upon, ran toward danger in aide of a female victim,” said AG Marshall. “Huntsville Police Officer Garrett Crumby and fellow Officer Albert Morin were responding to an emergency domestic violence call for service when they were ambushed by an armed suspect. The suspect had already shot and injured a female victim who was present on the scene.” “Both officers were transported by ambulance to Huntsville Hospital, where they received emergency treatment,” said Marshall. “Officer Morin is now out of surgery and remains in critical condition, while Officer Crumby did not survive his injuries. Our part of the country has been reminded again this week of the pure heroism of those who make up the thin blue line—the dividing line, at times, between life and death for the citizens that they swear an oath to protect. These two law enforcement officers responded to a domestic violence call this evening, knowing full well that they would be placing their lives on the line in defense of their fellow man. We must never take their service and sacrifice for granted.” “Officer Crumby was a three-year veteran of the Huntsville Police Department,” stated Marshall. “He previously served for eight years with the Tuscaloosa Police Department. He is the first Alabama police officer to fall to gunfire this year but the third to be shot in the line of duty. “ “This is a devastating loss for our department, the Huntsville community, and the State of Alabama,” said Huntsville Police Chief Kirk Giles. “We send our heartfelt condolences to the officer’s family as they mourn their loved one who made the ultimate sacrifice. As we grieve with our fallen officer’s family, we have another officer fighting for his life. Please keep all our officers and the entire department in your prayers.” The suspected shooter and the female shooting victim are at the hospital receiving treatment. “This is a painful night for the City of Huntsville and for our police family,” Huntsville Mayor Tommy Battle said. “We are heartbroken. Words cannot express our loss. We have been overwhelmed by the show of love and support from our community, and we stand united with our police officers and their families in this tragic moment.” Before Officer Crumby had died from his wounds, Alabama Governor Kay Ivey said on Twitter, “I am devastated to learn the news that two Huntsville police officers were shot in the line of duty this evening. I ask the people of Alabama to join me in prayer for these heroes and their family, friends and community.” “It’s heartbreaking to hear that two of our Huntsville police officers were shot in the line of duty today,” said Alabama Speaker of the House Nathaniel Ledbetter on Twitter before Crumby’s death. “Please join me in prayer for those officers and their families. These officers are our everyday heroes, and we should never take their service for granted.” “My heart breaks hearing this news,” said U.S. Sen. Katie Britt on Twitter before news of Crumby’s death had become known. “Please join me in praying for these officers, their loved ones, and their community. Our incredible law enforcement officers put themselves in harm way’s every single day to protect and serve others.” On Wednesday, the Alabama Department of Forensic Sciences will conduct an autopsy on Officer Crumby’s corpse. The Huntsville Police have requested that the State Bureau of Investigation (SBI) lead the investigation. This is a developing story. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Marshall County and Enterprise emerging as Alabama political breeding grounds
Over the years, certain counties in Alabama have bred an inordinate number of governors and state political leaders. The three most prominent enclaves historically have been Tuscaloosa, Barbour, and Cullman. In the earlier years of statehood, Tuscaloosa was the most heralded county. They have continued, intermittently, throughout the years. The most prominent senator in Alabama history, Richard Shelby, who retired after 36 years in the Senate, calls Tuscaloosa home. Indeed, the state capital was in Tuscaloosa one time in the early years. They have had a fairly recent governor in Dr. Robert Bentley. Barbour County is called the “Home of Governors,” and for a good reason. They have had more governors than any county in state history. This sparsely populated Black Belt county has had six governors hail from there. George Wallace is, of course, the most prominent Barbour County Governor, but they also have Chauncy Sparks, John Gill Shorter, William Jelks, Braxton Bragg Comer, and Jere Beasley. Barbour County and Tuscaloosa both claim Lurleen Wallace. She was born and raised in Northport in Tuscaloosa County but married George Wallace and moved to Barbour County. This split county claim of governors also applies to legendary Governor James “Big Jim” Folsom. Big Jim was born and raised in Coffee County near Elba but moved to Cullman as a young man. So, Cullman gets bragging rights since he lived in Cullman when he was first elected in 1946. Cullman has indeed come on strong in the past few decades. They have had two governors in recent years, Jim Folsom Jr. and Guy Hunt. Today, we have two counties emerging as hotbeds for breeding state political leaders. Coffee County is percolating with political success. More particularly the growing City of Enterprise. Our new U.S. Senator, Katie Boyd Britt, was born and raised in Enterprise. She is only 40. The Congressman from the second district, Barry Moore, is from Enterprise although Dothan, Montgomery, and Elmore County have more population in that Congressional District. Moore is only 56. A rising popular star in the State House of Representatives, Rhett Marquis, 48, is from the Boll Weevil City. Enterprise is the home of the new state senator from that southeast Alabama hub. Josh Carnley just took the seat of retiring legend Jimmy Holley, thus keeping that seat in Coffee County. Carnley is a Coffee County farmer and insurance broker. Enterprise has a very good Mayor in William “Bill” Cooper. He has been in city politics for a good while. Coffee County also dominates all the judicial posts in this circuit. All three circuit judges hail from Coffee County in Enterprise. Sonny Reagan, Jeff Kelley, and Shannon Clark are all relatively young. The new District Attorney, James Tarbox, is very young. Jimmy Baker, who is Chancellor of the Alabama Community College System, hails from Coffee County and lives in Enterprise. Enterprise has always laid claim to Ft. Rucker, which has been the impetus of their growth, but they are emerging as a political powerhouse. The other county that is set to be called an Alabama political spawning ground powerhouse is Marshall County. They currently have a cadre of the state’s most powerful and promising Alabama leaders. The most prominent is 41-year-old Lt. Governor Will Ainsworth, who may be our next governor. State Senator Clay Scofield of Marshall County is only 42 and is Majority Leader of the State Senate. Attorney General Steve Marshall, 57, is in his second term as Attorney General. It is rare that two of the state’s highest-ranking officials, Will Ainsworth and Steve Marshall, are both from the same county. There are two rising stars in the Alabama House of Representatives from Marshall County. Young Wes Kitchens, an emerging leader in the House, is from Marshall. Also, the youngest member of the House of Representatives, Brock Colvin, has just been elected at the ripe old age of 26 and is catching people’s eyes on Goat Hill. Enterprise and Marshall County are emerging as new political breeding grounds for Alabama politicians. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Two Shelby County deputies shot in the line of duty Wednesday
On Wednesday, the Shelby County Sheriff’s Department reported on Facebook that two deputies had been shot in the line of duty. “At approximately 9:28 am Shelby County Sheriff’s Office Deputies received a call for a welfare check in the 3100 block of Bradford Place, in the Meadowbrook area of unincorporated Shelby County,” the Department said in a statement. “Upon arrival, deputies observed signs of forced entry. While checking the residence deputies were assaulted with a firearm, and returned fire.” The 31-year-old suspect from Birmingham is in custody at the Shelby County Jail. The suspect surrendered a short time after negotiating with deputies. The wounded deputies were transported to UAB Hospital with serious but non-life-threatening injuries. The Shelby County Major Crimes Task Force is conducting the investigation. Sheriff John Samaniego stated, “I want to thank all the agencies who assisted today during this terrible attack. I ask for the public to pray for our deputies involved today and for all of our brave men and women putting their lives on the line to keep us safe.” “Fortunately, the immediate prognosis is both of them are going to be fine,” Sheriff Samaniego said to the Alabama Media Group. “We can only hope and pray for that.” Please share any information about this with the Shelby County District Attorney’s Office. Alabama Attorney General Steve Marshall told reporters he is grateful that the deputies are OK. “In situations like this, I hope is that reminder to everyone in the community that we need to be thankful and appreciate the risks that law enforcement takes for us every day and their passion in being able to keep us safe,” Marshall said. Law enforcement officers face tremendous personal risks as part of doing their duty. Sixty-one law enforcement officers were killed in the line of duty in 2022. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: 2026 Governor’s race has begun
Alabama’s original 1901 Constitution had a law whereby the governor could only serve one four-year term and not succeed themselves. In 1968, the law was changed, and since then, the governor and all other constitutional offices in the state can now serve two consecutive terms. This one term and you are done, made for a very interesting, anticipated, and competitive governor’s race every four years. They could begin four years in advance in earnest, and they would begin. Since Kay Ivey will be serving her second elected term, she cannot run four years from now. Therefore, we have set up an ole timey open governor’s race in 2026, and it has already begun. Lt. Governor Will Ainsworth has already been running for four years and has ramped up a reelection game plan for his next four years as Lt. Governor. He will be tough to beat. Ainsworth was elected Lt. Governor in 2018 at the ripe old age of 36. He began running for governor the day after he won the GOP Primary that year – even before he was inaugurated in January 2019. I have never seen anyone in recent years as dedicated and focused on grabbing the brass ring of Alabama politics as young Will Ainsworth. He is almost as dedicated as George Wallace. Wallace’s whole world and every part of his being was dedicated to being elected Governor of Alabama. He campaigned seven days a week, 12 hours a day, and hardly saw or cared for his family for four years. He campaigned relentlessly. His devotion paid off with a victory in 1962 and subsequent conquests later. Young Will Ainsworth does not have this total devotion, nor should he or anyone else. Ainsworth is a devoted family man. His family and church come first. Being governor is not his God. He is the ultimate father to his twin sons, Hunter and Hays, and his daughter, Abbie. He and his wife, Kendall, are committed to loving and caring for their children. They go to all ball games and church and school-related events with them in Guntersville. At the State-of-the-State Address four years ago, he had his two sons with him. They have impeccable manners. They looked me right in the eye with a smile and firm handshake and said, “Nice to meet you, Mr. Flowers.” One of the boys was with Will when he spoke at the Trump rally in the summer of 2021. Will had been to his son’s ballgame in Cullman that morning, and he brought him to the rally. When Will spoke at the Mid-Alabama Republican Club in Vestavia last July, his daughter was with him. Ainsworth is campaigning all over the state. He is at ribbon cuttings and Chambers of Commerce events from Dothan to Huntsville. He hails from Sand Mountain in vote-rich North Alabama. His father has done well financially. However, his mama has instilled in Will the desire to serve in politics. She is very astute and active politically and more gregarious than Will’s father. There are others lining up to run who do not fear Ainsworth nor his family’s money. Interestingly, the two major potential threats to Ainsworth in the four-year away governor’s race are from North Alabama. Attorney General Steve Marshall and Huntsville Mayor Tommy Battle would make a strong threat to Ainsworth’s perceived front-runner status. Ironically, Steve Marshall and Will Ainsworth are both from Marshall County. If the Attorney General makes the move, he would be a viable candidate. He won his second term in this year’s GOP Primary, impressively. He has to move up or sideways or out. An intra-county race would be interesting. Marshall bears watching. Tommy Battle, the Mayor of Huntsville, would be the most formidable candidate that Ainsworth could face. However, I do not think Battle is interested in running. Being the Mayor of Huntsville is probably a better job than being Governor of Alabama. However, the biggest obstacle in Ainsworth’s run for governor may be someone you have never heard of. There are probably some rich folks sitting back privately contemplating a run for governor. That unknown rich person may be the one to watch. We will see. Four years seems a long way off, but the 2026 Governor’s Race has begun. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at: www.steveflowers.us.
Ron Desantis speaks to Alabama Republicans
Florida Governor Ron Desantis was in Hoover on Thursday to address the Alabama Republican Party. Over 1,400 attended the GOP’s winter dinner fundraiser to hear the likely presidential candidate denounce the “woke” movement. Desantis was welcomed by Alabama Gov. Kay Ivey, who introduced DeSantis, as well as other top state elected leaders. Attorney General Steve Marshall, Lieutenant Governor Will Ainsworth, Secretary of State Wes Allen, State Auditor Andrew Sorrell, Commissioner of Agriculture and Industries Commissioner Rick Pate, Chief Justice Tom Parker, Senate President Pro Tem Greg Reed, Speaker of the House Nathaniel Ledbetter, and many more were on hand at the Finley Center to welcome DeSantis to Alabama. “Tonight, I was proud to welcome @GovRonDeSantis to our Sweet Home Alabama!” Gov. Ivey said on Twitter. “I was honored to welcome “America’s Governor” @GovRonDeSantis to Alabama and lead the ALGOP dinner in the Pledge of Allegiance,” Lieutenant Gov. Ainsworth said on Twitter. Gov. DeSantis’s speech was heavy on social conservatism. DeSantis spoke about his feud with Disney, his opposition to books that preach alternate sexual lifestyles to children even in elementary school being in school libraries, his opposition to the COVID-19 economic shutdowns mask mandates, his anti-riot measures in Florida following the George Floyd riots, his shipping illegal aliens to Martha’s Vineyard, his opposition to the transgender agenda, and the migration of people from blue states like New York, Michigan, and California to red states like Florida. DeSantis said that Hispanics in Florida support his efforts to reduce illegal immigration to Florida. He also compared and contrasted his state of Florida with the state of New York. They have similar populations, but New York has twice the state budget. “What do they get for all that money?” DeSantis said. “We have no state income tax. Alabama should try that,” DeSantis said. While Florida has no income tax, their property taxes are far higher than Alabama’s, and as anyone who has driven around Florida knows, there are toll roads and toll collections all over the state outside of the federal interstate system, which are very rare in Alabama. Florida residents, on average, have a 9.1% state and local tax burden (#11 in the country), while Alabama residents pay 9.8% (#20 in the country.) Tennessee has the lowest tax burden in the southeast at 7.6% (#3 in the country). DeSantis spoke about his hurricane response and how fast his team built back a bridge to connect the residents of an island to the mainland. Desantis said that if he was President, his team could get the border wall built quickly and at reduced cost. DeSantis has not yet announced his presidential campaign. At this point, the only announced presidential candidates are former President Donald Trump and former South Carolina Governor and U.N. ambassador Nikki Haley. DeSantis and President Joe Biden are, at this point, presumed to be presidential candidates. DeSantis’s speech was the speech of a governor, touting his accomplishments as a governor. The most pressing issues facing the next President are Russia’s invasion of Ukraine, balancing the federal budget without crashing the economy, the possibility of war with China, the high likelihood of Iran obtaining nuclear weapons, the prospect of that triggering a war in the Middle East, as well as energy policy and its perceived connection to climate change. Desantis will have to discuss these larger issues in a presidential campaign. The Alabama Republican presidential primary is scheduled for March 5, 2024. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
AG Steve Marshall accuses ethics chief of ‘self-dealing’ with estate trust
The state attorney general has accused the head of the Alabama Ethics Commission of mishandling a charitable trust, named for a former secretary of state, by allowing his children to benefit from its scholarships. Alabama Attorney General Steve Marshall made the accusation this week in an ongoing civil lawsuit regarding the trust, accusing Tom Albritton of improperly benefiting from a charitable trust for which Albritton was a board member. Marshall asked to have Albritton added as a defendant in the ongoing civil litigation over the Mabel Amos Memorial Trust. The Tuesday court filing was first reported by the south Alabama newspaper Lagniappe, which has written extensively about the scholarships and dispute over the trust. Albritton, executive director of the Alabama Ethics Commission, did not immediately respond Thursday to an email from The Associated Press seeking comment. The commission is the state agency that helps enforce Alabama’s ethics law. “Thomas A. Albritton, as a member of the Board of the Mabel Amos Memorial Fund, allowed or caused his own children to impermissibly receive scholarship awards from the very trust he was charged with administering,” Marshall’s office wrote in the court filing. The motion said, “Albritton caused, allowed, or otherwise acquiesced in the award of scholarships to his children from the Trust totaling more than $100,000,” calling that “prohibited self-dealing,”” and a violation of the terms of the Trust. Mabel Amos served as Alabama’s secretary of state from 1967 to 1975. Before she died, she filed a will to create the Mabel Amos Memorial Trust at a bank, which eventually merged with Regions. According to the motion, she wanted to fund scholarships for Alabama students who needed financial assistance for college. Family members last year filed a lawsuit against Regions alleging breach of trust, saying fees increased dramatically after oil was discovered on the Amos property and that board trustees benefited personally. Republished with the permission of The Associated Press.
Steve Marshall announces victory over the Equal Rights Amendment
Alabama Attorney General Steve Marshall announced on Tuesday that the U.S. Court of Appeals for the D.C. Circuit affirmed Alabama’s win in defending against a lawsuit that sought to compel the U.S. Archivist to certify the long-expired Equal Rights Amendment as part of the U.S. Constitution. “Today, the U.S. Court of Appeals for the D.C. Circuit agreed with our argument that Nevada and Illinois cannot purport to ratify a proposed amendment that expired decades ago and then force the Archivist to sneak the Equal Rights Amendment into the Constitution,” said AG Marshall. “This is a significant victory for the rule of law.” In 1972, Congress passed the Equal Rights Amendment; but it still had to be ratified by the states. The seven-year ratification deadline came and went, with the amendment failing to get ratified by the 38 states needed for it to become part of the Constitution. In 2018, Nevada purported to become the 36th state to ratify the amendment, followed shortly by Illinois and Virginia. Those states then filed suit to compel the Archivist to certify their untimely ratifications and add the Equal Rights Amendment to the Constitution. Virginia later dropped its suit. Alabama, Louisiana, Nebraska, South Dakota, and Tennessee intervened in the litigation, arguing that the expiration of the seven-year ratification deadline meant that the amendment process would have to begin anew if the Equal Rights Amendment were to be enacted. The district court agreed, holding that “the ERA’s deadline barred Plaintiffs’ late-coming ratifications.” On Tuesday, the D.C. appellate court affirmed Alabama’s position, holding that the challenging states had not shown a clear legal right to have a federal court order the Archivist to certify the proposed amendment. The court noted that the ratification deadline had long ago expired, and it rejected the challenging states’ argument that the deadline was invalid or could otherwise be ignored. “We are glad the court rejected plaintiffs’ calls to unconstitutionally amend our Constitution,” continued Marshall. “If activists want a new ERA, they should persuade their fellow Americans that it makes sense, then pass it through Congress and a new state ratification process. As the late Justice Ruth Bader Ginsburg — a noted proponent of the ERA — stated, the ERA cannot become law unless it is ‘put back in the political hopper and we start over again collecting the necessary states to ratify it.’ Any other route would undermine the rule of law upon which we all depend.” The House voted in 2020 to remove the deadline when Virginia became the 38th state. On Tuesday, the U.S. Senate met to consider a resolution withdrawing the seven-year deadline. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Katie Britt, Tommy Tuberville and colleagues vote to overturn Joe Biden’s ESG rule
On Wednesday, U.S. Senator Katie Britt and a bipartisan group of 49 additional Senators voted to overturn the Biden Administration’s ESG rule, which Republicans argued endangered the retirement investments of 152 million Americans by prioritizing political causes over the best financial returns. Under the Congressional Review Act (CRA), the Senate voted to block the rule in a 50 to 46 vote. An identical disapproval resolution passed in the House on Tuesday in a 216-204 vote. With Senate passage, the resolution now heads to the desk of President Joe Biden, who has vowed to veto the measure. “Today, I proudly voted to protect the hardworking Americans and retirees who are already being crushed by generationally high inflation fueled by the Biden Administration’s wasteful tax-and-spend spree and reckless Green New Deal agenda,” said Sen. Britt. “The simple fact of the matter is that inflation is up 14.4% since President Biden took office, and retirees lost 23% of their 401(k) savings last year alone. The last thing Alabama families can afford right now is their hard-earned retirement savings funding someone else’s political agenda instead of their own future. Fiduciaries should put the financial well-being of their investors first, not politics. And it is past time for President Biden to put hardworking American families first instead of his own reckless political agenda.” In November, Biden’s Department of Labor instituted a rule permitting ERISA retirement plan fiduciaries to consider environmental, social, and corporate governance (ESG) factors when selecting investments and exercising shareholder rights. “The Biden administration can’t keep its hands off of Americans’ finances,” said Sen. Tommy Tuberville. “Meddling in 401(k) investments through overregulation restrains financial growth and restricts personal liberty. The federal government shouldn’t choose winners and losers in the investment game. Bureaucrats have no business telling hardworking Americans how to manage their savings accounts. My bill ensures that everyone who earns a paycheck has the financial freedom to invest in their futures however they see fit.” The Biden Administration decree overturns a previous rule which mandated fiduciary decisions be made solely on getting the best returns for the 152 million American workers that depend upon ERISA for their retirement. ERISA covers most employer-sponsored retirement plans, totaling about $11.7 trillion in assets. Under this rule, retirement fund managers can choose to prioritize ESG factors instead of financial returns in their investment decisions for workers’ hard-earned savings. Plan participants could unknowingly be enrolled in ESG funds, which may not align with their political views. In the most recent survey, most Americans think it’s a bad idea for companies to use their financial influence to advance a political or social agenda, as is the case in ESG investing. Alabama Attorney General Steve Marshall and 24 other attorneys general have filed a lawsuit opposing the rule allowing 401(k) managers to direct their clients’ money to ESG investments. The conservative AGs are concerned that the rule undermines the protections for retirees outlined in the Employee Retirement Income Security Act of 1974 (ERISA). To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Gov. Kay Ivey authorizes the state to resume executions
On Friday, Alabama Governor Kay Ivey informed Alabama Attorney General Steve Marshall that he could resume the process of executing inmates awaiting their fates on death row. Ivey made Friday’s decision after Alabama Department of Corrections (ADOC) Commissioner John Hamm informed the Governor that the “top-to-bottom” review of the state’s execution process that she had ordered was complete. Upon receiving the word from Commissioner Hamm, Ivey sent a letter to notify Marshall that he may ask the Alabama Supreme Court to issue an execution warrant for an eligible death row inmate whenever he deems appropriate. Ivey had ordered the review of the process on Nov. 21 after two recent attempts to execute convicted murderers failed. Alabama is currently using lethal injection as its only means of execution. If problems persist with lethal injections, the state could revert to using the electric chair. The Legislature has authorized ADOC to also use nitrogen hypoxia as a method of execution. ADOC has established procedures for using nitrogen to kill by hypoxia. “I am pleased that Governor Ivey and the Department of Corrections have completed their review of their execution processes and feel confident that the travesty of justice that occurred in November of last year will not be repeated,” Marshall said. “As I have made clear, I and my office have remained fully committed to and capable of carrying out capital punishment in Alabama.” Marshall had already expressed his dissatisfaction with the delay and said that, as far as he was concerned, there was no moratorium on executions in Alabama. Marshall said that James Barber will be the first person his office will seek to execute following the governor’s decision to resume executions. “Accordingly, my office immediately filed a motion today with the Alabama Supreme Court to set an execution date for death-row inmate James Barber, and we will be seeking death warrants for other murderers in short order,” Marshall said. “In Alabama, we recognize that there are crimes so heinous, atrocious, and cruel, so exceptionally deprave, that the only just punishment is death,” said Marshall. “Those on death row -as well as their victims- can be certain that I and my office will always do our part to ensure that they receive that just punishment.” Barber was sentenced to death for the murder of Dorothy Epps. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
