Capitol Journal
October 7, 2022
Season 16 Episode 86 | 56m 40sVideo has Closed Captions
Sen. Greg Reed; Tish Faulk/Evan Milligan; Steve Marshall
Senate President Pro Tem Greg Reed; Tish Gotell Faulk with Evan Milligan; Alabama Attorney General Steve Marshall
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Capitol Journal is a local public television program presented by APT
Capitol Journal
October 7, 2022
Season 16 Episode 86 | 56m 40sVideo has Closed Captions
Senate President Pro Tem Greg Reed; Tish Gotell Faulk with Evan Milligan; Alabama Attorney General Steve Marshall
Problems playing video? | Closed Captioning Feedback
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>> FROM OUR STATE HOUSE STUDIO IN MONTGOMERY, I'M TODD STACY.
WELCOME TO "CAPITOL JOURNAL."
UNPRECEDENTED -- THAT'S THE WORD BEING USED TO DESCRIBE ALABAMA'S LATEST REVENUE REPORT.
IN THE FISCAL YEAR 2022 THAT ENDED LAST WEEK, RECEIPTS TO BOTH THE EDUCATION TRUST FUND AND THE GENERAL FUND WERE UP SIGNIFICANTLY.
LET'S TAKE A LOOK AT THOSE NUMBERS.
THE ETF COLLECTED $10.4 BILLION FOR THE YEAR.
THAT'S AN INCREASE OF MORE THAN 20 PERCENT OVER FISCAL YEAR 2021.
FOR THE GENERAL FUND, WHICH PAYS FOR NON-EDUCATION STATE SERVICES, THERE WAS AN INCREASE OF 8.4 PERCENT UP TO $2.7 BILLION DOLLARS.
THE EXTRAORDINARY GROWTH HAS LAWMAKERS TALKING ABOUT TAX CUTS, OR AT LEAST TAX REBATES, TO GIVE PART OF THE SURPLUS BACK TO TAXPAYERS.
OTHERS ARE CALLING FOR GREATER INVESTMENTS IN PUBLIC SCHOOLS AND OTHER UNDERFUNDED STATE SERVICES.
MOST AGREE THAT THE MASSIVE GROWTH WILL BE FLEETING AS FEDERAL DOLLARS DRY UP AND THE ECONOMIC WINDS SHIFT TOWARD A POSSIBLE RECESSION.
THE AMERICAN LEGISLATIVE EXCHANGE COUNCIL EACH YEAR RANKS STATES BASED ON ECONOMIC OPPORTUNITY AND TAX STRUCTURE.
THE REPORT, CALLED "RICH STATES POOR STATES," MOST RECENTLY RANKS ALABAMA 23RD AMONG ALL 50.
JONATHAN WILLIAMS FROM ALEC WAS IN BIRMINGHAM THIS WEEK AND EXPLAINED HOW THE REPORT HELPS INFORM STATE LAWMAKERS ABOUT POTENTIAL POLICIES WORKING IN OTHER STATES.. >> FOR THE LAST 15 YEARS WE'VE PRODUCED THE RICH STATES POOR STATES REPORT.
YOU CAN FIND THAT AT RICH STATES POOR STATES.ORG AND PUT IT TOGETHER WITH STEVE MOORE, AN ECONOMIST OUT OF D.C. WHO ADVISED PRESIDENT TRUMP AND THE REASON WE PUT THIS TOGETHER WAS TO GIVE LAWMAKERS PART OF THE RESOURCES TO UNDERSTAND HOW THEIR STATE COMPARES WHEN IT COMES TO GROWTH AND OPPORTUNITY AND SO EVERY YEAR AROUND TAX DAY WE COME OUT WITH OUR NEW ECONOMIC OUT LOOK RANKINGS BASED ON TAX RATE AND LABOR POLICY AND THINGS THAT WE KNOW MATTER FOR ECONOMIC GROWTH AND SEE WHY JOBS CONTINUE TO LEAVE HIGH TAX STATES LIKE NEW YORK AND CALIFORNIA AND ILLINOIS AND COME TO PLACES LIKE ALABAMA AND TEXAS AND FLORIDA AND WHY PEOPLE CONTINUE TO VOTE AS WELL AND SWITCHING STATE RESIDENCES.
AND ALABAMA RANKS 23RD IN ECONOMIC OUT LOOK AND THIS IS OBVIOUSLY THE MIDDLE OF THE PACK SO THERE ARE INTERESTING TAKE AWAYS, SOME VERY POSITIVES AND ONE OF THE LOWEST PROPERTY TAX BURDENS IN THE COUNTRY BUT OTHER AREAS COULD BE IMPROVED ON.
ONE OF THE INTERESTING THINGS THAT WE LOOK AT IN THE REPORT AS WELL IS IT FROM A 15-YEAR PERSPECTIVE WE HAVE THIS CONSISTENT TIME SERIES TO BE ABLE TO SAY HOW STATES HAVE EITHER IMPROVED OR NOT OVER TIME.
AND I THINK ONE OF THE INTERESTING TAKE AWAYS IS SOMETHING THAT I KNOW LEGISLATORS IN MONTGOMERY WILL BE TALKING ABOUT WHEN THEY COME INTO SESSION IS HOW DO WE KEEP UP WITH SO MANY OF THE COMPETITIVE STATES IN AMERICA THAT HAPPEN TO BE IN THE SOUTHEAST REGION?
>> MULTIPLE ALABAMA HEALTH ORGANIZATIONS ARE URGING PEOPLE TO GET THEIR FLU SHOTS AS SOON AS POSSIBLE.
THE ALABAMA DEPARTMENT OF PUBLIC HEALTH, THE ALABAMA HOSPITAL ASSOCIATION, THE MEDICAL ASSOCIATION OF THE STATE OF ALABAMA AND BLUE CROSS AND BLUE SHIELD OF ALABAMA RECENTLY LAUNCHED THE "NO TIME FOR FLU" CAMPAIGN WITH INFORMATION ABOUT THE FLU AND VACCINE.
THE VACCINE IS RECOMMENDED FOR PEOPLE AGE SIX MONTHS AND UP AND ADVOCATES SAY GETTING IT EARLY IN THE FLU SEASON IS BEST.
DR. BURNESTINE TAYLOR OF THE DEPARTMENT OF PUBLIC HEALTH SAID THEY ARE RECOMMENDING THOSE WHO ARE ELIGIBLE TO GET BOTH A FLU SHOT AND A COVID-19 BOOSTER.
>> GET YOUR FLU SHOT BECAUSE THIS SEASON IS NOT A SEASON FOR FLU.
AND BASICALLY THE FLU VACCINE HELPS TO ELIMINATE COMPLICATIONS OF FLU, IT DECREASES HOSPITALIZATIONS AND ALSO DECREASES POTENTIAL FLU DEATHS.
FORTUNATELY WE DO SEE A DECLINE IN COVID BUT IT ACTUALLY STILL EXISTS.
SO THE BEST THING IS TO ARM YOURSELF AGAINST BOTH WITH THE COVID BOOSTER AND ALSO YOUR FLU VACCINE AS WELL.
>> A FEW WEEKS AGO WE HAD A SPECIAL EPISODE FOCUSED ON THE ISSUE OF OPIOID ABUSE, PARTICULARLY ON THE PREVENTION AND TREATMENT OF ADDICTION.
TONIGHT, RANDY SCOTT TAKES A LOOK AT THE ISSUE FROM THE PERSPECTIVE OF LAW ENFORCEMENT OFFICERS WHO ARE ON THE FRONT LINES OF THE DRUG WAR.
>> USED TO WE WOULD SEE IT IN OTHER PLACES BUT IT'S HERE.
HERE WITH A VENGEANCE.
>> SHERIFF CUNNINGHAM IS TALKING ABOUT THE EPIDEMIC OF ILLEGAL DRUGS INCLUDING FENTANYL SHOWING YOU IN THIS AREA.
>> WHEN YOU LOOK AT THE OVERDOSES AND DEATHS RIGHT HERE IN OUR COMMUNITY.
YOU'RE PRICE PROBABLY USED TO SEEINGS ABOUT OVERDOSE CASE ONCE EVERY SIX MONTHS AND NOW YOU'RE STARTING TO SEE 20 ARE OR THREE A WEEK.
THAT'S ELIMINATING.
>> FOR LAW ENFORCEMENT OFFICERS THEIR NUMBER 1 JOB IS FIGHTING CRIME.
BUT IN TODAY'S SOCIETY THAT FIGHT THAT IS INCREASED TO INCLUDE THE FIGHT AGAINST OPIOID USE SUCH AS FENTANYL THAT HAVE FLOODED AREAS AROUND THE STATE AND NOW LAW ENFORCEMENT OFFICERS FIND THEMSELVES TRYING TO FIND WAYS TO PROTECT THE PEOPLE THEY SERVE AND THEMSELVES.
>> PART THE TOOLS THAT THE OFFICERS HAVE TO FIGHT THE DRUGS INCLUDES AN ANTIDOTE CALLED NARCAN.
>> ALL OF OUR DEPUTIES CARTER NARCAN.
ALL OF OUR DEPUTIES ARE TRAINED ON WHAT TO LOOK FOR IF YOU HAVE OPIOID SITUATION WHERE A PERSON IS OVERDOSING.
THIS BLACK BOX CONTAINS OUR NARCAN.
IT'S A TWO-PACK OF NARCAN.
IT'S A NASAL SPRAY.
AND ALL OF OUR DEPUTIES CARRY IT IN THEIR CARS.
THEY ALL HAVE BEEN TRAINED ON IT.
>> THE SHERIFF SAYS ANOTHER WEAPON IS EDUCATION.
>> THAT'S WHY IT'S VERY IMPORTANT FOR ME AS BEING A SHERIFF, BEING AN ADMINISTER FOR THIS AGENCY TO EDUCATE MY PEOPLE AND NOT ONLY MY PEOPLE, I PAY THE MEMBERS OF THE MEDIA FOR EDUCATING A COMMUNITY ABOUT WHAT WE'RE FACING OUT HERE ON THE STREETS ON A DAY-TO-DAY BASIS.
>> FOR CAPITOL JOURNAL, I'M RANDY SCOTT.
>> OCTOBER IS TYPICALLY ALABAMA'S DRIEST MONTH.
SO FAR, THIS OCTOBER IS DEFINITELY FOLLOWING THAT TREND AS THE STATE HAS SEEN PRECIOUS LITTLE RAIN.
THE SITUATION HAS THE ALABAMA FORESTRY COMMISSION RAISING AWARENESS ABOUT THE POTENTIAL FOR FOREST FIRES.
CAPITOL JOURNAL'S KAREN GOLDSMITH HAS THE STORY.
>> FOR THE PAST FEW WEEKS, THE WEATHER AROUND THE STATE HAS BEEN INCREASINGLY BEAUTIFUL.
BUT IT'S ALSO QUITE DRY.
>> WE SENT HAD RAIN IN OVER TWO WEEKS.
THERE'S NO RAIN IN THE FORECAST FOR ANOTHER 10 DAYS.
>> BECAUSE IT'S VERY DRY, THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, ADEM HAS PLACED 12 ALABAMA COUNTIES UNDER AN OUTDOOR BURN BAN.
BUTLER WITH ALABAMA FORESTRY COMMISSION EXPLAINS WHAT THAT MEANS.
>> WELL, THAT DOES NOT INCLUDE GRILLING.
GRILLING IS SAFE BECAUSE IT'S OFF THE GROUND.
WHEN WE TALK ABOUT BURNING WE'RE TALKING ABOUT BURNING ORGANIC MATERIAL LIKE LEAVES OR OLD BRANCHES BLOWN OVER OR CUT-DOWN TREE LIMBS, THINGS THAT PEOPLE DO.
SOME PEOPLE WILL BURN THE LAND OFF, FOR THE HABITAT.
>> AND TRASH BURNING IS NEVER ALLOWED.
AND SINCE ITS VERY DRY FORESTRY WILL ASK ALL ALABAMAS TO NOT BURN AND HALT AND BE MORE AWARE OF EVERYDAY BEHAVIORS.
>> WHEN YOU RIDE DOWN THE ROAD, SOBRIETY NOW COULD THROW OUT A CIGARETTE AND THAT IGNITES A FIRE.
SOMEBODY IS PULLING A TRAILER AND THE CHAIN IS RUNNING AND YOU SEE THAT SPARKS AND THAT COULD START A FIRE.
>> CURRENTLY ALABAMA IS TRENDING AHEAD IN THE NUMBER OF FIRES PER ACRE, COMPARED TO 2016 WHEN A RECORD WAS SET.
>> IN 2016, IN THE THREE MONTHS, WE HAD A THREE-MONTH -- FROM OCTOBER 1 THROUGH DECEMBER, WE HAD OVER 34,000 ACRES.
RIGHT NOW FOR THE ENTIRE YEAR WE'RE AT ABOUT 32,000 ACRES.
AND THAT NUMBER IS ONLY GOING TO INCREASE.
IF WE DON'T GET ANY RAIN WE WILL START SEEING AROUND INCREASE IN FIRES AND THAT NUMBER IS JUST GOING TO GROW TREMENDOUSLY.
REALLY, REALLY FAST.
>> HE BREAKS IT DOWN EVEN FURTHER.
>> THE WEEK THAT ENDED SEPTEMBER 26, WE HAD 250 ACRES.
FROM NINE-26 TO OCTOBER 3, WE HAD 109 FIRES THAT CONSUMED 14068 ACRES.
>> BUTLER RECOMMENDS WAITING TO BURN UNTIL NOVEMBER OR DECEMBER AFTER SIGNIFICANT RAINFALL.
>> THE BIGGEST THING IS JUST BE PATIENT.
RIGHT NOW IS NOT THE TIME BURN.
WE ARE EXPERIENCING HIGHER WINDS AND THE HIGHER WINDS CAN PUSH THOSE FIRES FASTER THAN YOU CAN CATCH IT.
>> FOR "CAPITOL JOURNAL" I'M KAREN GOLDSMITH.
>> TO REPORT ANY WILDFIRES OR TO REQUEST A BURN PERMIT, CALL 1.800.392.5679.
>> THE STATE IS SEEKING TO SET A NEW EXECUTION DATE FOR AN INMATE WHO HAD HIS LETHAL INJECTION CALLED OFF LAST MONTH AFTER MULTIPLE FAILED ATTEMPTS TO CONNECT A VEIN.
ATTORNEY GENERAL STEVE MARSHALL'S OFFICE THIS WEEK ASKED THE ALABAMA SUPREME COURT TO SET A NEW EXECUTION DATE FOR ALAN EUGENE MILLER.
MILLER WAS SENTENCED TO DEATH AFTER BEING CONVICTED OF KILLING KILLED TERRY JARVIS, LEE HOLDBROOKS AND SCOTT YANCY IN A 1999 WORKPLACE RAMPAGE.
AND THE STATE HAS SET AN EXECUTION DATE FOR KENNETH EUGENE SMITH, WHO WAS CONVICTED OF KILLING ELIZABETH SENNETT IN A MURDER FOR HIRE SCHEME.
THAT EXECUTION DATE IS NOVEMBER 17.
AND AGAIN, IT COMES AFTER THE STATE HAS COME UNDER CRITICISM FOR THE WAY LETHAL INJECTIONS HAVE BEEN CARRIED OUT IN RECENT MONTHS.
WE'LL BE RIGHT BACK WITH TONIGHT'S GUESTS.
>> NEXT I'M JOINED BY SENATE PRESIDENT PRO TEMPT GREG REED.
SENATOR, THANK YOU FOR COMING ON "CAPITOL JOURNAL."
>> YOU'RE WELCOME, TODD, ALWAYS GOOD TO BE WITH YOU FRIEND.
>> I HAVE SO ASK YOU ABILITY THIS BUDGET SITUATION.
MARY SELL REPORTED EARLIER THIS WEEK IN THE LIGHT OF THE END OF THE FISCAL YEAR THAT THE EDUCATION TRUST FUND COLLECTED ABOUT 10 PERCENT MORE BILLION DOLLARS THAT'S PAST FISCAL YEAR, A 20 PERCENT INCREASE.
AN 8 PERCENT INCREASE IN THE GENERAL FUND IN KIND OF AN UNHEARD OF UNPRECEDENTED GROWTH.
SO MY QUESTION IS: WHAT HAPPENS WHEN WE SEE SURPLUSES OF THIS MAGNITUDE?
WHERE DOES THAT SURPLUS GO?
>> WELL, THE 1ST THING I'D LIKE TO SAY IS CONGRATULATIONS TO THE PEOPLE OF ALABAMA.
I MEAN I TALKED WITH LEGISLATORS IN OTHER PLACES AROUND THE COUNTRY AND ALABAMA'S ECONOMY POST-COVID HAS BEEN ROBUST TO SAY THE LEAST.
SO CONGRATULATIONS TO THE PEOPLE OF OUTER STATE FOR HAVING SUCH AN ATTITUDE TOWARD GROWTH, AN ATTITUDE TOWARD GROWING THEIR BUSINESSES, BEING ABLE TO BE, YOU KNOW, CONSERVATIVE AS WE ARE IN THE LEGISLATURE, TRYING TO MAINTAIN THE AMOUNT OF RESOURCE THAT WE SPEND, THE THINGS THAT GET YOU TO A PLACE WHERE YOU HAVE HUGE CARRYOVERS, SO THAT'S THE 1ST THING TO BE SAID.
NUMBER 2 IS, IF YOU WIND UP WITH THESE KINDS OF RESOURCES YOU HAVE TO RECOGNIZE THIS IS A ONE-TIME THING.
IT'S NOT GOING TO BE LIKE THIS FOREVER: WE'RE ALREADY EXPERIENCING WHAT WE SEE AT THE NATIONAL LEVEL AND EVEN IN OUR OWN STATE INFLATION.
THAT'S A REAL CHALLENGE.
AN ECONOMIC OPPORTUNITY THAT MAY BE FACING RECESSION IN THE FUTURE.
SO AS YOU LOOK AT THESE RESOURCES BEING EXTREMELY HIGH, YOU HAVE TO THINK ABOUT DO WE NEED TO GOING TO HAVE SOME OF THESE RESOURCES BACK TO THE PEOPLE OF ALABAMA?
THAT'S A TOPIC THAT WILL BE DISCUSSED IN THE COMING LEGISLATIVE SESSION, I'M CONFIDENT, AND I THINK IT RIGHTFULLY SHOULD BE.
WHAT ARE WE GOING TO BE DOING IN MAKING INVESTMENTS?
WHEN YOU HAVE THESE KINDS OF RESOURCES JUST AS WE HAVE DONE WITH ARPA FUNDS FROM THE FEDERAL GOVERNMENT, YOU WANT TO MAKE WISE CHOICES, WISE INVESTMENTS THAT ARE THINGS THAT ARE GOING TO BE AROUND FOR YEARS AND YEARS INTO THE FUTURE, NOT JUST SPEND THESE RESOURCES LIKE WATER THROUGH OUR FINGERS.
WE WANT TO MAKE SURE THAT WE USE THEM FOR SURE VERY IMPORTANT TOPICS.
YOU'RE GOING TO HAVE A LOT OF THE LEGISLATURE LOOKING FOR THOSE TOPICS.
I HAVE MET WITH THE GOVERNOR THIS WEEK.
SHE'S LOOKING AND HER TEAM IS LOOKING FOR WAYS TO USE THESE RESOURCES ON THINGS THAT ARE VERY IMPORTANT TO THE PEOPLE OF OUR STATE AS WE GET INTO THE BUDGET PROCESS, TRYING TO ALLOCATE THOSE APPROPRIATELY, IS GOING TO BE THE JOB OF THE LEGISLATURE AND THEN LOOKING AT RESOURCES GOING BACK TO THE PEOPLE OF ALABAMA IS A TOPIC THAT WE WILL ALL BE TALKING ABOUT.
>> THERE HAS BEEN TALK OF REBATES AND THAT ONE-TIME, AGAIN, GETTING TO THE POINT OF -- IT'S ONE-TIME MONEY MAYBE AND NOT SETTING UP SOMETHING FOR THE FUTURE.
SWITCHING GEARS, I WANTED TO ASK YOU ABOUT BROADBAND.
THIS HAS BEEN THE TOPIC OF THE LAST COUPLE OF MONTHS, ESPECIALLY SINCE Y'ALL PASSED THE ARPA-ONE INVESTMENTS BACK IN JANUARY, STARTING TO SEE THAT REALLY -- THAT RUBBER HIT THE ROAD IF YOU WILL.
I KNOW YOU WERE AT THE RECENT BROAD BAND ANNOUNCEMENT WITH GOVERNOR IVEY.
I HEARD FINANCE DIRECTOR BILL MIDDLE SCHOOL SAY THIS STATE MAY SPEND AS MUCH AS $2 BILLION, MOST FEDERAL MONEY OF COURSE, EXPANDING THIS HIGH SPEED INTEND INTO RURAL AREAS OVER THE NEXT FIVE OR SIX YEARS AGO.
CAN YOU TALK ABILITY A THE IMPORTANCE OF DOING THAT AND WHY THIS HAS BEEN SUCH A FOCUS FOR THE STATE.
>> IF YOU THINK ABOUT INTERNET AND THE IMPORTANCE OF IT, IT IMPACTS AND EFFECTS EVERY PART OF OUR LIFE, WHETHER IT'S OUR BUSINESS, WHETHER IT'S JUST QUALITY OF LIFE, ORDERING THINGS ONLINE -- WE ALL DO THAT LOOKING FOR PEOPLE IN RURAL AREAS AND CITIZENS SENIOR CITIZENS THAT CAN COMMUNICATE WITH THEIR PHYSICIANS VIA THE INTERPRET AND THEN LOOKING AT EDUCATION.
THIS WAS SOMETHING PROVEN TO US THROUGH THE COVID AREA TO WHERE KIDS ARE AT HOME AND THEY'RE HAVING TO LEARN HAVING ACCESS TO THE INTERNET IS SO IMPORTANT.
IS IT A BIG DEAL?
ABSOLUTELY.
DOES IT AFFECT EVERY AREA OF OUR LIFE?
IT DOES.
>> SO IS IT GOOD FOR THE PEOPLE OF ALABAMA THAT WE SPEND RESOURCES STATE AND FEDERAL ON THIS TOPIC?
I THINK THE ANNIVERSARY -- THE ANSWER IS YES.
IF YOU LOOK AT PUTTING THE INTERNET IN EVERY HOME IN THE STATED OF ALABAMA THAT'S BILLIONS OF DOLLARS OF INVESTMENT AND INFRASTRUCTURE.
BUT WE NEED TO GET GOING ON THAT AND WORK AS BEST WE CAN SO THE ATTITUDE WITH THE ARPA FUNDS WAS TO SET ASIDE HUNDREDS OF MILLIONS OF DOLLARS TO BE ABLE TO MOVE IN THE DIRECTION OF HELPING GROW ACCESS FOR UNSERVED AND UNDERSERVED AREAS THAT DO NOT HAVE OPPORTUNITY FOR INTERNET SERVICE IN THEIR COMMUNITIES.
WE SPENT $83 MILLION OF THOSE RESOURCES, WHAT THE GOVERNOR ANNOUNCED THAT YOU WERE MAKING REFERENCE TO AS MIDDLE MILE.
BASICALLY YOU HAVE THE INTERNET INTERSTATE HIGHWAY COMING THROUGH ALABAMA WHERE ALL OF THE INFORMATION IS AVAILABLE.
HOW ARE YOU GOING TO DIVIDE THAT UP TO WHERE IT REACHES RURAL COMMUNITIES IN PARTICULAR?
IN THE MIDDLE MILE INVESTMENT IS GOING TO HELP THAT HAPPEN.
SO AS WE CONTINUE TO LOOK AT THE THING THAT EVERYBODY REALLY CARES ABOUT, WHICH IS WHEN IS IT GOING TO BE IN MY HOUSE, OKAY, YOU'VE GOT TO HAVE THE MIDDLE MILE TO BE ABLE TO MAKE THAT HAPPEN.
SO THE ANNOUNCEMENT IS GOING TO BE $83 MILLION SPENT OVER A THREE-YEAR WINDOW TO BE ABLE TO FINISH THAT INFRASTRUCTURE THAT ALLOWS THEN THERE TO BE A PULLOFF FROM THAT MIDDLE MILE SECTION TO GO TO LAST MILE WHICH IS IT GOING TO PEOPLE'S HOMES.
>> SO IT'S A VERY IMPORTANT INVESTMENT NOR THE STATE.
>> THE ELECTION IS ABOUT A MONTH AWAY SO WE'RE GETTING INTO THE THICK OF IT.
YOU HAVE SENATORS UP FOR RE-ELECTION.
LOTS OF CHANGES IN THE LAW ENFORCEMENT IS BUT DO YOU SEE ANY POTENTIAL REALLY CLOSE RAISES BETWEEN REPUBLICANS AND DEMOCRATS?
ALL OF THAT IS ADJUDICATED IN THE PRIMARY, RIGHT?
OR DO YOU SEE THE SENATE REMAINING ABILITY THE SAME IN TERMS OF THE BALANCE OF POWER.
>> I WOULD SAY WE'RE GOING TO BE ABILITY THE SAME AS FAR AS THE BALANCE OF POWER.
WE HAVE HAD SOME VERY AGGRESSIVE RACES IN THE PRIMARY.
WE HAVE OTHER SENATORS THAT ARE RUNNING AGGRESSIVE RACES IN THE GENERAL ELECTION.
WE HAVE BEEN FOCUSED ON TRYING TO HELP AND SUPPORT MEMBERS IN THE LEGISLATURE AS BEST WE CAN.
THAT'S SOMETHING LEADER SCOFIELD AND I HAVE BEEN FOCUSED ON AND TRYING TO WORK ON.
I THINK THE BALANCE OF POWER IS GOING TO BE VERY SIMILAR TO WHAT WE HAVE SEEN.
WE HAVE A 28 REPUBLICANS, EIGHT DEMOCRATS.
I THINK THAT WILL PROBABLY BE PRETTY MUCH THE SAME AS FAR AS THE BALANCE OF REPUBLICANS VERSUS DEMOCRATS IN THE BODY.
WE HAVE BEEN ABLE TO HAVE GREAT RELATIONSHIPS WITH BOTH PARTIES, I HAVE AS PRO TEM, BEING ABLE TO WORK WITH EVERYBODY, MAKING SURE EVERYONE'S VOICE IS HEARD AND THAT WE WIND UP WITH A MUCH BETTER PRODUCT FOR THE PEOPLE OF ALABAMA WHEN WE ALLOW EVERYBODY TO HAVE THEIR INPUT.
SO THAT HAS BEEN A HALLMARK OF WHAT I TRIED TO DO AS PRESIDENT OF THE BODY AND THAT WILL CONTINUE TO BE MY FOCUS AS WE MOVE INTO A NEW QUADRENNIUM.
>> AFTER THE ELECTION COMES AGAIN TIME TO GOVERN.
THE REGULAR SESSION IS SOME TIME AWAY SO THIS MAY BE A LITTLE BIT PREMATURE BUT I'M SURE YOU'RE TALKING ABOUT THE AGENDA.
YOU MENTIONED MEETING WITH THE GOVERNOR.
FOR THE SENATE IN PARTICULAR AND FOR YOU, WHAT ARE SOME OF THE THINGS, THE TOP OF YOUR AGENDA LOOKING TOWARD NEXT SESSION?
>> WELL, ONE OF THE THINGS THAT WE'RE GOING TO NEED TO DETAIL WITH EARLY IN THE PROCESS MAY MAYBE IN THE NEXT LEGISLATIVE SESSION IS THE ARPA-TWO FUNDS, THE OPPORTUNITY TO DEAL WITH THOSE NOW THAT WE HAVE THOSE RESOURCES.
IT'S GOING TO BE A DIFFERENT PROCESS THAN WHAT IT WAS WITH ARPA-ONE.
THESE ARE RESCUE FUNDS THAT CAME FROM THE FEDERAL GOVERNMENT AS A RESULT OF CORONAVIRUS.
THE RULING FROM THE DEPARTMENT OF THE TREASURE IS GOING TO BE DIFFERENT IN HOW WE CAN USE THESE MONEYS.
BUT ALABAMA HAS $1.1 BILLION THAT IS AVAILABLE TO THE PEOPLE OF ALABAMA UNDER THESE CERTAIN CRITERIA.
SO WE'RE GOING TO NEED TO DEAL WITH THAT.
THAT WILL BE A BIG PRIORITY FOR THE LEGISLATURE.
LOOKING AT BUDGETS.
YOU MENTIONED EARLIER WE'VE GOT CARRY 40 RESOURCES IN BOTH BUDGETS.
HOW DO WE DEAL WITH THAT?
HOW DO WE MANAGE THOSE BUDGETS, IF YOU'VE GOT MORE RESOURCES, WHAT DO YOU USES THEM ON?
YOU KNOW THE TOPIC OF REBATES AND THE IDEA OF GIVING MONEY BACK TO THE PEOPLE OF ALABAMA IS A TOPIC THAT WILL BE DISCUSSED.
SO THAT'S GOING TO BE A BIG PRIORITY.
LOOKING AT INCENTIVES.
ONE OF THE THINGS THAT WE'RE GOING TO HAVE TO DEAL WITH IN THE COMING SESSION IS GOING TO BE THE RENEWAL OF ALABAMA'S JOBS ACT, AND THE JOBS ACT HAS BEEN INCREDIBLY SUCCESSFUL.
WE HAVE BEEN ABLE TO USE THAT TO RECRUITED INDUSTRY, MANUFACTURERS, BIG BILLS TO ALABAMA TO PROVIDE JOBS FOR OUR CITIZENRY.
SO THOSE INCENTIVE PACKAGES ARE VERY IMPORTANT.
THERE WILL BE REQUIRED RENEWAL IN THE UPCOMING LEGISLATIVE SESSION.
ALSO THERE ARE ISSUES RELATED TO EDUCATION.
EDUCATION IS ALWAYS A VERY IMPORTANT TOPIC.
WE HAVE DONE SOME SIGNIFICANT THINGS.
YOU MENTIONED I HAVE TALKED WITH THE GOVERNOR AND I HAVE MET WITH THE GOVERNOR.
SHE'S GOT A COUPLE OF IDEAS.
WE WILL LEARN MORE ABOUT RELATED TO EDUCATION THINGS THAT ARE IMPORTANT TO HER AND HER ADMINISTRATION.
SO THOSE ARE GOING TO BE BIG TOPICS THAT WE WILL BE DEALING WITH AS WE COME BACK IN MARCH OF '23 TO BE BACK IN LEGISLATIVE SESSION.
>> YOU MENTIONED INCENTIVES.
WE COVERED THAT.
THERE WAS A COMMITTEE MEETING ABOUT IT.
I HAD SECRETARY CANFIELD ON HERE LOOKING AT CHANGES TO THOSE, NOT JUST RENEWAL BUT AN UPDATE CONSIDERING IT HAS BEEN THREE OR FOUR YEARS SINCE THE STATE HAS BEEN UPDATED.
TALK ABOUT THE IMPORTANCE OF THE LEGISLATURE'S OVERSIGHT ROLE OF INCENTIVES AND HOW THOSE INCENTIVES ARE USING INDEED PUTTING RESTRAINTS AND THINGS LIKE THAT ON THE DEPARTMENT.
>> WELL, WE CHANGED ALABAMA'S INCENTIVE PROGRAM.
I HAVE CARRIED THOSE LEGISLATIVE ITEMS, THE ALABAMA.
JOBS ARCHITECT, GROWING ALABAMA, THE AIM ACT, ALL PUT TOGETHER AS ONE LEGISLATIVE ITEM THAT WAS RENEWED AS THE ALABAMA JOBS ACT.
IT WAS GOING TO RUN FOR ABOUT TWO AND A HALF YEARS.
THAT TIME WILL BE UP BY SUMMER OF '23.
SO WE WILL HAVE TO DEAL WITH THIS IN THE REGULAR SESSION COMING UP IN MARCH OF '23.
THE REASON WE DID THAT IS BECAUSE THE ENVIRONMENT IS SO COMPETITIVE.
WE DIDN'T WANT TO LOOK OURSELVES INTO SOMETHING THAT WAS A LONG-TERM STATUTORIAL REQUIREMENT FOR ALABAMA.
WHEN OUR FRIENDS OVER IN SOUTH CAROLINA OR MISSISSIPPI OR LOUISIANA ARE DOING DIFFERENT THINGS TRYING TO ATTRACT -- THE THINGS THAT WE CHANGED ABILITY THE JOBS ACT EARLY ON, THIS IS NOW FIVE YEARS AGO AS WE WORKED ON THAT IS TO MAKE IT A PAY AS YOU GO KIND OF A SYSTEM SO THAT WE DIDN'T BORROW MONEY AND PAY MANUFACTURERS TO COME TO ALABAMA, FOR INSTANCE, WHICH IS THE WAY WE DID IT IN YEARS PAST.
WE BASICALLY INCENTIVIZED THEM TO COME AND ONCE THEY DO THE THINGS THAT WE REQUIRED THEM TO DO CONTRACTUALLY THEN WE REBATE AND GIVE THEM RESOURCES BACK IN TAX CREDITS AND THAT PROGRAM HAS WORKED EXTREMELY WELL.
ALABAMA HAS HAD GREAT SUCCESS WITH IT.
I WAS LOOKING AT A COUPLE OF STATISTICS HERE.
IF YOU LOOK AT GROSS REVENUES JOB ACT INCENTIVES AND TOTAL REF NEWS FOR THE STATE WE HAVE HAD ABOUT 162 PERCENT GROWTH IN THOSE AREAS AS A RESULT OF THE INCENTIVE PACKAGES.
ALSO WE HAD A GOAL OF A 7 PERCENT INCREASE HAD ON AVERAGE PAY WHICH WAS ABOUT $17 AN HOUR.
THAT'S NOW AN INCREASE -- I THINK IT'S THREE IS PERCENT UP TO $23 AN HOUR IS THE AVERAGE.
SO THE INCENTIVES HAVE PAID OFF AND THEY HAVE ATTRACTED FOLKS TO COME FROM OTHER PLACES ACROSS THE GLOBE TO ALABAMA, PROVIDE JOBS FOR OUR CITIZENS AND BE ABLE TO INCREASE QUALITY OF LIFE FOR OUR CITIZENRY BY ALLOWING THEM TO MAKE MORE MONEY ON THE NEW JOBS COMING TO OUR COMMUNITIES.
SO THAT'S THE GOAL OF THE INCENTIVES.
NOW, HAVING TRANSPARENCY, OVERSIGHT FROM THE LEGISLATURE, MAKING SURE WE'RE INCENTIVIZING THE RIGHT THINGS, THAT WE'RE USING THE RESOURCES IN A WAY THAT THE LEGISLATURE SEES AND UNDERSTANDS THAT WE'RE GETTING A GREAT RETURN ON THE MONEY THAT WE'RE PUTTING FORWARD AS AN INCENTIVE I HAVE IS SOMETHING VERY IMPORTANT.
I THINK AS SECRETARY CANFIELD, OTHER MEMBERS OF THE LEGISLATIVE LEADERSHIP CONTINUE TO LOOK AT THE INCENTIVES, I THINK WE NEED TO HAVE A CLOSE ION TRANSPARENCY, MAKING SURE EVERYBODY UNDERSTANDS WE'RE INCENTIVIZING THE RIGHT THINGS TO KEEP IT GOING, TO KEEP THE GROWTH GOING.
I ALSO THINK THAT WE WOULD PROBABLY BE LOOKING AT A SHORTER TIME FRAME AS WE DID THIS PAST RENEWAL.
YOU KNOW, TWO AND A HALF YEARS, A LOT CAN HAPPEN IN THAT WINDOW.
WE MAY BE HEADED FORD A DIFFERENT ECONOMY IN THE NEXT TWO AND A HALF YEARS AS WE HAVE SEEN AT THE FEDERAL LEVEL.
WE NEED TO BE AGILE AND ABLE TO MOVE AND TO DO THINGS DIFFERENTLY IF IT'S REQUIRED SO WE CAN CONTINUE THE GROWTH THAT ALABAMA HAS SO MUCH AS I SAID.
>> CERTAINLY AN ISSUE WE WILL BE FOLLOWING.
WE'RE OUT OF TIME BUT I REALLY WANT TO THANK YOU FOR COMING ON "CAPITOL JOURNAL."
>> THANK YOU, TODD.
GOOD TO BE WITH YOU BUDDY.
>> WE WILL BE RIGHT BACK.
>> ALABAMA IS AGAIN IN THE NATIONAL SPOTLIGHT THIS WEEK AS THE U.S. SUPREME COURT WITH THE MILLIGAN VERSUS MERRILL REDIRECTING INDICATION.
JOINING ME IS EVAN AND TISH FAULKS FROM THE ACLU OF ALABAMA.
THANK YOU FOR COMING ON "CAPITOL JOURNAL."
>> THANK YOU FOR HAVING US.
>> Y'ALL WERE BOTH AT THE SUPREME COURT OBVIOUSLY, EVAN, YOU'RE THE PLAINTIFF IN THE CASE.
THERE HAD TO BE A FASCINATING EXPERIENCE.
LET ME JUST ASK YOU THE BASICS.
WHAT'S THE IMPETUS -- WHERE DID THIS LAWSUIT ORIGINATE, WHAT ARE THE BASIC POINTS, AND WHAT ARE YOU ASKING THE COURT TO DO?
>> SO THERE'S FOUR INDIVIDUALS -- THERE'S THREE OTHER INDIVIDUAL PLAINTIFFS AND TWO PLAINTIFFS THAT ARE GROUPS, GREATER BIRMINGHAM MINISTRIES AND NAACP ALABAMA.
AND MOST OF LAST YEAR WE WERE A PART OF A STATEWIDE COALITION OF ADVOCATES WHO ARE REALLY WORKING TO INFORM AND EDUCATE OUR NEIGHBORS ABOUT THE IMPORTANCE OF REDISTRICTING TO TIE THE RELEASE OF CENSUS DATA TO REDISTRICTING SO WE PUSHED OUT SUB GRANTS TO GRIPES ON THE GROUND.
WE DID DIFFERENT TRAININGS.
AND WHEN THAT CENSUS DATA WAS RELEASED WE WERE ALSO INVOLVED WITH HELPING THE GENERAL PUBLIC UNDERSTAND THE NOTES AND COMMENTS PERIOD THAT THE LEGISLATURE -- THE LEGISLATURE WOULD BE KNOWLEDGING IN AT THE BEGINNING OF SEPTEMBER TO TAKE IN FEEDBACK FROM THE PUBLIC AS FAR AS HOW THEY WANTED THEIR MAPS TO LOOK.
AND THAT WAS AN INTERESTING PERIOD BECAUSE WE DIDN'T HAVE A DRAFT OF THE MAP TO RESPOND TO AS MEMBERS OF THE PUBLIC.
WE HASN'T SEEN WHAT THE STATE OF ALABAMA WAS ACTUALLY CONSIDERING AT THAT POINT BUT STILL WE'RE NOW DOING OUR DUE DILIGENCE AS FAR AS ENCOURAGING THE MEMBERS AND THE CONSTITUENTS THAT WE SERVE TO BECOME INVOLVED.
ONCE GOVERNOR IVEY CALLED FOR THE SPECIAL SESSION, WE, LIKE MANY OTHER ALABAMIANS, GOT OUR 1ST CHANCE TO LOOK AT THE MAP WHEN REPRESENTATIVE ENGLAND LEAKED A VERSION OF THE MAP THAT HAD EMERGED IN THE COMMITTEE, A VERSION OF THE CONGRESSIONAL MAP, AND LINKED IT VIA TWITTER FOR FOLKS TO LOOK AT IT SO THAT LET US KNOW WHAT WE WERE TALKING INTO.
WE DID OUR BEST TO GET STATEMENTS ON THE RECORD DURING THAT SPECIAL SESSION, AND ALSO SUBMITTED DRAFT MAPS THAT WE GET LIKE DID A BETTER JOB OF HONORING THE VOTING RIGHTS OF BLACK ALABAMIANS.
THE STATE UNFORTUNATELY WASN'T SWAYED BY WHAT WE HAD TO PRESENT SO ONCE THE MAP -- THE CONGRESSIONAL MAP HAD BEEN VOTED THROUGH THE STATEHOUSE AND SENATE AND SIGNED INTO LAW BY THE GOVERNOR, THEN WE FILED THE LAWSUIT.
>> AND WALK ME THROUGH SOME OF THE LEGAL ARGUMENTS THAT WERE MADE BEFORE THE COURT.
>> ABSOLUTELY.
WE ACTUALLY PUT FORTH BOTH CLAIMS UNDER SECTION 2 OF THE VOTING RIGHTS ACT AND UNDER THE 14TH AMENDMENT EQUAL PROTECTION CLAUSE.
AT THE BEGINNING OF THE YEAR, WHEN WE HAD OUR HEARING BEFORE THE COURT, THE THREE-JUDGE PANEL, WE PRESENTED BOTH.
BUT IT'S A MATTER OF JUDICIAL CONSTRUCTION THAT THEY GO FOR THE STATUTORY AND INTERPRET UNDER THAT 1ST.
SO THIS THREE-JUDGE PANEL LOOKED AT ALL OF THE INFORMATION THAT WE PROVIDED DURING THE HEARING AT THE BEGINNING OF THE YEAR, AND THEY CONCLUDED THAT, AS WE PUT FORWARD IN THE PIECE OF LITIGATION THE DATA INDICATED THAT THE STATE OF ALABAMA HAD NOT DONE ITS DUE DILIGENCE IN EVALUATING THE IMPACT OF THE MAPS THAT THEY HAD DRAWN ON THE BLACK COMMUNITY.
REMEMBER SECTION 2 OF THE VRA DOES NOT FOCUS ON THE INTENT OF THE LEGISLATURE, AND WE NEVER CLAIMED THAT THERE WAS AN INTENTIONAL WRONGFUL ACT; BUT WHAT OUR EXPERTS AND OUR ANALYSIS DID SHOW WAS THAT THERE WAS A SIGNIFICANT CONCERN WITH THE PACKING OF VOTERS INTO DISTRICT 7 AND THE PACKING OF JEFFERSON COUNTY AND MONTGOMERY COUNTY.
AND WE CONCLUDED, LOOKING AT ALL OF THAT ANALYSIS, THAT IT WAS IMPORTANT AT THIS POINT THAT WE STEPPED IN WITH THE PIECE OF LITIGATION.
HEARING FROM THOSE THAT DREW THE MAPS, THE LEGISLATURE, THE COMMITTEE AND EVERYTHING, WHAT THEY SAY IS THAT THEY WERE JUST FOLLOWINGS THE RULES, THAT TRYING TO REDRAW THE MAPS BASED ON POPULATION CHANGES AND TO MAKE IT RACE NEUTRAL.
THEY USE THAT TERM A LOT, WHEN IT COMES TO REDRAWING THE MAPS, AND SO THEY CLAIM IF YOU DID IT THAT WAY, IF YOU DID IT THE ALTERNATIVE WAY, YOU HAVE TO USE RACE, THEREFORE, VIOLATING THE CONSTITUTION.
WHAT DO YOU SEE TO THAT ARGUMENT?
>> WELL, WHAT YOU'RE BASICALLY DOING IS BAKING IN THE HISTORICAL DISCRIMINATION THAT HAS OCCURRED PREVIOUSLY.
WE KNOW OF COURSE THAT THE ONLY REASON THAT ALABAMA HAS DISTRICT 7 IS BECAUSE SECTION 2 OF THE VRA COMPELLED THAT THAT DISTRICT BE CREATED.
AND WHILE THE STATE OF ALABAMA CONTINUALLY SAYS THE THAT THEY BEHAVED IN A RACE NEUTRAL MANNER, THAT IS NOT WHAT IS CALLED FOR THE STATE OF ALABAMA, A PLACE WITH A HISTORY OF FAILING TO PROVIDE OPPORTUNITIES FOR BLACK VOTERS TO ELECT CANDIDATES OF CHOICE.
IN FACT, WHAT THE LAW REQUIRES IS MORE HOLISTIC THAN THAT.
SECTION 2 OF THE VRA CALLS ON THE STATE TO EVALUATE WHETHER THEIR HISTORIC BEHAVIOR IN DRAFTING MAPS IS HAVING THE RESULT OF IMPAIRING BLACK VOTERS FROM ELECTING THEIR CANDIDATES OF CHOICE.
AND ALL OF THE DATA SHOWS THAT THAT IS IN FACT WHAT HAPPENED HERE.
>> GOING BACK TO THE CREATION OF THE 7TH DISTRICT IT WAS AFTER THE JINGLES' RULING CORRECT?
SO I HEAR FRUSTRATION FROM LAWMAKERS SAYING YEAH WE'RE ESSENTIALLY KEEPING THAT DISTRICT WHICH WAS CREATED AMPLY AND INTENTIONALLY TO MAKE SURE THAT THERE WAS REPRESENTATION FOR AFRICAN-AMERICANS SO THEY'RE FRUSTRATED NOW SAYING WELL, I THOUGHT WE WERE JUST DOING THE RIGHT THING AND PLAYING BY THE RULES.
SO DOES THE COURT NEED TO OFFER A NEW DOCTRINE IN THIS IN TERMS OF WHAT RULES TO FOLLOW SHOULD RACE NEUTRAL INVOLVING -- STATES, NOT JUST ALABAMA BUT EVERYWHERE, NEED BETTER GUIDANCE ON HOW TO DO THIS; RIGHT.
>> WELL, THERE ARE ACTUALLY VERY FEW JURISDICTIONS COMPELLED TO ALTER THEIR USUAL COURSE OF DEALING BY SECTION 2.
SECTION 2 CLAIMS ARE VERY RARE.
AND THERE IS A PARTICULAR HISTORY THAT COMES INTO CONSIDERING WHETHER OR NOT RACE IS NOW SOMETHING THAT WE CAN JUST IGNORE.
ONE OF THE THINGS EVERY AND I HAVE ALWAYS TALKED ABOUT IN OUR DISCUSSION IS THIS IDEA THAT PEOPLE THINK THAT RACISM NO LONGER EXISTS BECAUSE WE, EVAN AND I, ARE ALLOWED TO EAT AT THE LUNCH COUNTER.
BUT THE QUESTION IS, ARE WE ALLOWED TO PURCHASE A RESTAURANT ON MAIN STREET?
ARE WE ALLOWED TO BE THE PEOPLE WHO MAKE THE DECISIONS ABOUT WHETHER OR NOT THIS IS GOING TO BE AN ONGOING BUSINESS?
AND IN ALABAMA, THERE IS THE FACADE THAT RACISM NO LONGER EXISTS.
BUT IT IS STILL TRUE THAT?
THE STATE OF ALABAMA, IN 2022, WE HAVE NOT ELECTED A BLACK CANDIDATE TO A STATED-WIDE OFFICE.
AND THAT CAN'T BE HAPPENSTANCE.
AND CONSIDERING HOW CONSERVATIVE THE BLACK COMMUNITY IS IN ALABAMA, IT'S NOT JUST ABOUT CONSERVATISM EITHER.
>> WELL, I HAVE SEEN THE ALTERNATIVE MAPS OR MOCKUPS OF THEM AND THEY'RE REALLY INTERESTING.
BUT IF WE DID GO -- ULTIMATELY EVERYTHING BOILS DOWN TO POLITICS.
YOU CAN'T ESCAPE THE POLITICS OF IT.
IF WE WENT TO TWO DISTRICTS THAT WERE NOT MAJORITY BUT CLOSE, SIGNIFICANT AFRICAN-AMERICAN POPULATION, YOU STILL MIGHT HAVE COMPETITIVE RACES.
YOU COULD SEE A SITUATION WHERE MAYBE DOWN THE LINE REPUBLICANS ARE COMPETITIVE AND MAY WIN THOSE SEATS.
SO IS THERE A WORRY OR A CONCERN THAT SUCH -- THAT THAT COULD BACKFIRE OVER TIME AND GO FROM ONE DEMOCRAT REPRESENTING ALABAMA'S DELEGATION TO ZERO.
>> WELL, AT THE LOWER COURT, AT THE DISTRICT COURT IN BIRMINGHAM, THE COURT ACTUALLY ORDERED THE STATE TO REDRAFT A MAP THAT FEATURED TWO OPPORTUNITY DISTRICTS OR THE CLOSEST THING TO IT, OPPORTUNITY DISTRICTS BEING DISTRICTS WHERE YOU HAVE MAJORITY OR NEAR MAJORITY VOTING AGE BLACK POPULATION THAT CAN ELECT A CANDIDATE OF THEIR CHOICE.
SO WHAT YOU'RE SAYING IS, YEAH, AS POPULATION SHIFTS HAPPEN, CERTAINLY THERE'S ALWAYS THE WAY THAT NUMBERS CAN INFLUENCE ELECTION OUTCOMES.
BUT I THINK IN THIS CASE OUR CASE WAS PRETTY SIMPLE.
YOU KNOW, WE DEMONSTRATED -- THERE'S A TEST THAT HAS TO BE ESTABLISHED TO CONDUCT A TYPE OF ANALYSIS UNDER SECTION 2 OF THE VOTING RIGHTS ACT.
THERE ARE CERTAIN THINGS THAT YOU HAVE TO SHOW THAT WERE CLEARLY SHOWN.
THAT'S WHY THE LOWER COURT'S DECISION HAD THREE JUDGES TWO APPOINTED BY PRESIDENT TRUMP, AND THEY WROTE OVER 200 PAGES OF OPINION SAYING HAD WE TAKEN THIS CASE TO TRIAL IT WOULD BE OVERWHELMINGLY LIKELY THAT WE WOULD PREVAIL UNDER OUR CLAIM.
SO TO ME, RESOLVING THAT CLAIM AS THE LAW STANDS NOW IS WHAT IS IMPORTANT.
AND AS BASED ON OUR NUMBERS RIGHT NOW IN THE STATE, NUMBERS OF BLACK ALABAMIANS LIVING IN THE BLACK BELT AND IN MOBILE, IT JUSTIFIES THE CREATION OF A SECOND CONGRESSIONAL DISTRICT.
>> LET ME MAKE SURE MY NUMBERS ARE CORRECT.
IT'S 27 PERCENT AFRICAN-AMERICAN POPULATION BUT WITH ONLY ONE CONGRESSIONAL DISTRICT, 14 PERCENT.
SO WITH TWO IT WOULD BE 28 WHICH IS PRETTY CLOSE TO THE -- WAS THAT DEMONSTRATED IN THE ARGUMENT?
>> DEFINITELY.
AND THEN ALSO THE STATE WASN'T LOCKED INTO CREATING ONE MAP.
THERE ARE MANY WAYS THEY COULD HAVE HEATED HEEDED THE COURT'S ORDER AND THEY COULD HAVE BROUGHT BACK MAPS TO REVIEW IN THE A LOTTED TIME FRAME AND THEY CHOSE NO TO DO THIS.
WHETHER THEY CAME BACK WITH A MAP WITH OUR CURRENT DISTRICT AND AN ADDITIONAL DISTRICT THAT MAYBE HAD 51 PERCENT OR 47 OR 48 PERCENT AFRICAN-AMERICAN, OR SOMETHING THAT WOULD HAVE BEEN HIGHER OR SLIGHTLY LOWER, THEY HAD OPTIONS.
THOSE WERE NOT EXPLORED.
SO WE WOULD BE PLAYING A HYPOTHETICAL CAME AND IF WE PREVAIL, YOU KNOW, IF THE SUBSTANCE OF THE LOWER COURT'S RULING PREVAILS, WE WILL BE BACK AT THE LOWER COURT ACTUALLY DOING WHAT THEY ASKED FOR THE 1ST TIME, WHICH WOULD HAVE SAVED TAXPAYERS A LOT OF MONEY.
YOU KNOW THERE ARE MANY THINGS THAT WE CAN DO HERE IN ALABAMA IN ADDITION TO BEING -- MAKING DECISIONS THAT REALLY WREAK OF RACIAL BIAS AND THEN OPPOSING THOSE DECISIONS.
WE CAN DO THAT WITH OF THE BEST OF THEM.
WE CAN BE ADVOCATES WITH THE BEST OF THEM.
BUT THERE ARE SO MANY OTHER THINGS THAT WE CAN DO HERE.
WE HAVE SCIENCE AND NATURAL WORLD THINGS.
WE HAVE CHILDREN THAT ARE HUNGRY TO LEARN THAT CAN'T LEARN AT SOME OF THE SCHOOLS.
WE HAVE ALL KINDS OF OPPORTUNITIES TO BE GIVING PEOPLE THE DESIRE TO GROW AS LEADERS HERE AND NOW DO THINGS THAT WOULD RUN THEM AWAY AND INFLUENCE THEM TO RAISE THEIR FAMILIES IN OUR PARTS OF THE COUNTRY, AND I THINK THE PEOPLE THAT ARE SORT OF COMING OF AGE NOW HAVE LA VERY DIFFERENT UNDERSTANDING OF WHAT IT MEANS TO BE AN ALABAMA AND WE CAN BE PROUD OF OUR CULTURE AND OUR HERITAGE HERE AND ALSO PROUD OF DEMOCRACY.
AND THAT'S WHAT WE'RE TRYING TO DEMONSTRATE.
>> WELL, Y'ALL WERE IN THE ROOM AT THE SUPREME COURT, YOU KNOW, THE NINE JUSTICES ASKING QUESTIONS AND THINGS LIKE THAT.
I WANT TO ASK YOU TO PREDICT AN OUTCOME -- WHAT WAS YOUR READING OF THEIR -- DID THEY TIP THEIR HAND AT ALL AS TO HOW THEY MIGHT RULE ON THIS CASE?
DID YOU GET ANY KIND OF INDICATION?
>> I THINK THAT, LOOKING AT THE COURT, IT'S CLEAR THAT THERE IS A DIVIDING LINE ASKING THE QUESTION DO WE STILL NEED TO CENTER A DISCUSSION ABOUT RACIAL MAKEUP OR HAVE WE EVOLVED TO A PLACE WHERE THAT IS NO LONGER RELEVANT.
AND I THINK THAT WHAT YOU SEE IS THAT IF YOU FOLLOW THE STATE'S ARGUMENT THAT WE NEED RACE NEUTRALITY YOU ARE ALWAYS GOING TO END UP WITH SOMETHING THAT HAS THE IMPACT OF CARING OURS IS A COUNTRY RIDDLED WITH RACE I FEEL AND HISTORY.
WE HAVE NEVER HELD ANYONE TO ACCOUNT FOR THAT FACT.
AND THEREFORE RACE KEEPS SHOWING UP AND PLAYING A ROLLOVER AND OVER AGAIN IN ALL OF OUR INSTITUTIONS AND ALL OF OUR SYSTEMS.
SECTION '2 OF THE VRA RECOGNIZED THAT THAT WAS A CONTINUING CONCERN.
IT TRIED TO FOCUS STATE LEGISLATURES TO EXAMINE, TO EVALUATE, TO STUDY, AND WHAT ALABAMA FAILED TO DO HERE IS THAT IT FAILED TO BE INTRO SPECULATIVE ABOUT HOW ITS LINE DECISIONS WOULD IMPACT A PARTICULAR PART OF THE STATE'S POPULATION THAT HAS HISTORICALLY BEEN DISENFRANCHISED.
AND WE HAD NOT READY TO MOVE FROM THAT PROBLEM YET.
>> IT'S GOING TO HAVE FAR-REACHING CONSEQUENCES.
WE'RE OUT OF TIME BUT I APPRECIATE YOU COMING ON THE SHOW, HAVING BEEN IN D.C. AND COMING DOWN, THANK YOU FOR COMING ON "CAPITOL JOURNAL."
>> THANK YOU FOR HAVING US.
>> WE WILL BE RIGHT BACK.
>> NEXT I'M JOINED BY ALABAMA ATTORNEY GENERAL STEVE MARSHALL.
GENERAL, THANK YOU FOR COMING ON "CAPITOL JOURNAL."
>> ALWAYS GOOD TO BE WITH YOU.
THANK YOU.
>> YOU HAVE TO A BUSY COUPLE OF WEEKS.
I WANT TO START TALKING ABOUT THE U.S. SUPREME COURT, THE REDISTRICTING INDICATION.
YOU WERE UP THERE IN THE ORAL ARGUMENTS.
THAT WAS A BIG NATIONAL DEAL.
BUT THIS IS OF COURSE -- JUST TO EXPLAIN A LITTLE BIT, A LOWER COURT, THE 11TH CIRCUIT, A PANEL, ORDERED THE LEGISLATURE TO REDRAW THE CONGRESSIONAL MAP TO REDRAW THE MAP WITH TWO DISTRICTS WHERE AFRICAN-AMERICANS MAKE UP MAJOR NOT A MAJORITY BUT A SIGNIFICANT PERCENTAGE OF THE POPULATION.
THE STATE APPEALED THAT RULING.
THE SUPREME COURT STAYED IT IN ORDER TO HEAR ARGUMENTS WHICH HAPPENED LAST WEEK.
I'M SORRY, THIS WEEK.
WALK ME THROUGH THE STATE'S CASE IN THIS LAWSUIT.
>> IN ORDER TO BE TECHNICALLY CORRECT.
IT WASN'T THE 11TH CIRCUIT THAT RULED.
IT WAS ACTUALLY A THREE-JUDGE PANEL THAT INCLUDED 111TH CIRCUIT JUDGE BUT ALSO TWO DISTRICT JUDGES.
THEY'RE THE ONES THAT HEARD THE TESTIMONY FROM MULTIPLE PLAINTIFFS' GROUPS BECAUSE THERE'S MORE THAN ONE CASE PENDING MAKING THESE ALLEGATIONS UNDER SECTION 2 OF THE VOTING RIGHTS ACT.
1 THING THAT IS IMPORTANT TO REMEMBER IS WHAT IS THE HISTORY OF THIS MAP.
IF YOU LOOK BACK, THIS MAP HAD ITS ORANGE IN AS A RESULTS OF LITIGATION BACK IN THE EARLY 1990S.
AND AS A RESULT OF THE WORK OF A FEDERAL JUDGE, DREW THE MAPS THAT WE NOW HAVE HAD IN PLACE FOR A LITTLE BIT OVER 40 YEARS.
THESE ARE MAPS THAT HAVE BEEN PROPOSED BY A DEMOCRATICALLY CONTROLLED HOUSE AND SENATE IN ALABAMA IN 2000, WAS PRECLEARED AND APPROVED IN THE OBAMA ADMINISTRATION, ERIK HOLDERED BEING THE ATTORNEY GENERAL, THE MAP DIDN'T CHANGE MUCH IN 2010.
WE LIT GATED MULTIPLE INDICATIONS IN 2010, EACH OF THOSE INDICATIONS A MAP WAS FOUND TO BE VALID.
AND IN FACT IF YOU TOOK THE 2010 MAP AND LAID IT OVER THE 2020 MAP THERE ARE VERY FEW CHANGES AT ALL.
SMALL POPULATION CHANGE WE SEE IN NORTHERN AND SOUTH ALABAMA.
BUT I DON'T NEED THAT IT'S THAT SAME MAP THAT WE HAVE HAD HISTORICALLY SINCE THE '90S.
AND YET THE THREE JUDGE PANEL FOUND THAT'S IN VIOLATION OF SECTION 2.
AND OUR POSITION IS TRULY -- HAS TRULY BEEN THE LEGISLATURE THROUGH THE COMMITTEE THAT WAS ASSIGNED THIS RESPONSIBILITY, AND THAT WAS REPRESENTATIVE PRINGLE AND SENATOR MCCLENDON WHO I THINK DID AN OUTSTANDING JOB, USED TRADITIONAL REDISTRICTING PRINCIPLES IN BEING ABLE TO ADOPT THIS VERY MUCH HISTORIC MAP.
THEY LOOKED AT INCUMBENCIES AND WHERE THEY WERE AND COMMUNITIES OF INTEREST THAT HAVE BEEN RECOGNIZED HISTORICALLY IN ALABAMA, THEY LOOKED AT THE ISSUE OF COMPACTNESS BECAUSE YOU DON'T WANT A DISTRICT GOING FROM ALL THE WAY NORTH TO SOUTH.
YOU WANT THERE TO BE SOME COMPACTNESS TO IT AND USE THAT CRITERIA AND ULTIMATELY DRAWING THE MAP THAT THE LEGISLATURE ADOPTED.
AND WHAT WE HAVE SEEN THROUGH THE ARGUMENTS OF THE COURT IS REALLY A CENTRAL QUESTION, AND THAT IS, UNDER THE 14TH AND ATTENDANCE AMENDMENT, IS A STATE ALLOWED TO USE RACE AS A CRITERIA IN DRAWING THE MAP.
WE SAY NO.
IN FACT, THE ARGUMENT IS, IF WE HAD USED RACE AS A FACTOR IN DRAWING THE MAP WE WOULD BE SUBJECT TO LITIGATION IN AN ARGUMENT THAT WE VIOLATED THE LAW.
SO TO TO THE EXTENT THAT WE SAW AS OF THE TESTIMONY AT TRIAL THAT ONE OF THE EXPERTS FOR THE PLAINTIFF SAID THEY TRIED 2 MILLION DIFFERENT RUNS THROUGH AN ALGORITHM TO DRAW TWO MAJORITY MINORITY DISTRICTS WHERE RACE WAS NOT A FACTOR AND THEY COULDN'T DO IT.
SO OUR ARGUMENT TO THE COURT IS IF YOU'RE ASKING US WHOSE RACE IS A CRITERIA YOU'RE COMPELLING US TO VIOLATE THE CONSTITUTION IN THE WORK THAT WE HAVE DONE.
WE THINK THE ARGUMENTS WENT WELL.
I'M CROWD OF OUR SOLICITOR GENERAL, EDDIE LA LACOUR AND HIS TEAM AND THE PREPARING FOR THAT AND HIS ARGUMENT BEFORE THE BODY.
BUT VERY MUCH FEEL CONFIDENT COMING OUT OF THE COURT UNDERSTOOD OUR POSITION AND WE LOOK FORWARD TO SEEING THE RESULT.
>> YOU MENTIONED THE 14TH AMENDMENT AND LOT OF ARGUMENTS SEEM TO BE ABOUT THAT, HOW IT CAN BE IN CONFLICT WITH SECTION 2.
I THINK IT WAS SAID MAYBE THEY'RE AT WAR WITH EACH OTHER IN SOME CONTEXT.
AND JUSTICE JACKSON ADDRESSED THAT.
SHE KIND OF ARGUED -- >> I LIKE WHAT YOU SAID.
SHE ARGUED THE POINT.
WITHOUT QUESTION.
>> WITHOUT QUESTION.
A LITTLE DIFFERENT STYLE THERE THAN MAYBE UNTRADITIONAL JUSTICES.
BUT SHE ARGUED ABILITY THE 14TH AMENDMENT SAYING IT ITSELF IS NOT RACE BLIND, SAYING IT WAS PASSED AFTER THE ABOLITION OF SLAVERY WITH THAT CONTEXT OF RACE BAKED IN.
HER POINT BEAK THAT THE CONSTITUTION DOES ALLOW STATES TO CONSIDER RACE SO LONG AS IT DOES SO IN A WAY TO PREVENT DISCRIMINATION.
HOW WOULD YOU RESPOND TO THAT?
>> 1ST OF ALL THIS IS NOT EVEN A POINT THAT WAS BRIEFED BY THE PARTIES.
THIS IS SOMETHING THAT WAS SINGULARLY RAISED BY JUSTICE JACKSON.
BY THE WAY, NONE OF THE OTHER JUSTICES WEIGHED IN ON.
BUT THE REALTY IS THAT WE DISAGREE STRONGLY WITH WHAT MANY HAVE DESCRIBED AS PROGRESSIVE ORIGINALISM THAT SHE WAS ATTEMPTING TO OFFER AND, TO ME, SOMEBODY THAT SEEMS TO BE SETTING THE STAGE FOR CASES COMING LATER IN THE TERM DEALING WITH COLLEGE ADMISSION AND HOW MUCH RACE CAN BE A FACTOR IN THAT BUT WE DISAGREE STRONGLY WITH HER -- NOT ONLY HER STATEMENT AND IT TRULY WAS A STATEMENT FROM THE BENCH, BUT ALSO WHETHER OR NOT THAT'S THE APPLICABLE INTERPRETATION OF THE 14TH AMENDMENT.
>> IT WAS INTERESTING TO HEAR EDDY LACOUR ESPECIALLY ASK THE COURT FOR GUIDANCE.
IT SEEMED LIKE HE FEELS SAYING LOOK WE WANT TO DO THIS; RIGHT.
WE THINK WE'RE DOING THIS; RIGHT.
BUT THERE ARE CONFLICTING RULES AND STATUTES AND AMENDMENTS.
DOES THE COURT -- AND NOT JUST FOR ALABAMA BUT ALL STATES, NEED TO SET A NEW DOCTRINE OR CLARIFY A NEW DOCTRINE SO THE QUESTIONS DON'T HAVE TO BE ADJUDICATED EVERY TIME WE REDRAW A MAP?
>> I THINK WHAT EDDIE WAS SAYING IS REALLY THAT VOICE OF THE JUDGES WHO ARE REQUIRED TO CONSIDER THESE CASES IS THAT THERE IS A LACK OF CLARITY, PARTICULARLY INVOLVING A SITUATION IN THE COURT HERE, WHERE YOU HAVE A MULTI DISTRICT MAP THAT INVOLVES THE HOUSE OF REPRESENTATIVES FROM CONGRESS IS WHAT IS THE ULTIMATE CRITERIA.
YOU MAY HAVE HEARD THIS TERM JEAN WAS THROWING OUT HERE, A HISTORIC CASE -- >> JINGLES ON YOUR WINDOWS IS HOW HE PRONOUNCED IT.
>> PARTICULARLY THE 1ST FACTOR IS THE ONE COURTS STRUGGLED WITH THE MOST.
YOU HEARD -- IT WAS INTERESTING AND IT WENT THE OTHER WAY WITH JUSTICE CAVANAUGH TO EVERY ONE OF THE PUBLICS SAID I'M STRUGGLING WITH THE IDEA OF THE COMPACTNESS.
TELL MEET HOW YOU DEFINE IT AND HOW THIS COURT IS SUPPOSED TO HANDLE IT.
SO WHEN YOU HAVE THE COURT SEEKING CLARITY FROM THE ADVOCATES AND THE STATE OF ALABAMA CLEARLY REACHING OUT AND SAYING WE THINK YOU NEED TO PROVIDE MORE CLARITY, IT SHOWS THE DIFFICULTY IN THE APPLICATION OF THESE STATUTES AND THE DIFFICULTY FOR STATE POOLS MAKERS TO BE ABLE TO COMPLY WITH THE LOU.
SO I THINK WHAT YOU'RE GOING TO SEE WITH THIS, AND REMEMBER IT'S NOT JUST ALABAMA THIS MATTERS TO.
THERE ARE MULTIPLE STATES INCLUDING THE STATE OF LOUISIANA WHO HAD THEIR CASE STAYED AS WITH OURS AS WE.
I CAN SAY YOU WILL SEE THIS COURT TRY TO GIVE ADDITIONAL GUIDANCE AT THE LOWER COURTS FOR WHAT IT IS THEY'RE EVALUATING FACTUALLY AND LEGALLY APPLYING TO THOSE FACTS TO DETERMINE WHETHER OR NOT PLAINTIFFS CAN MEET THOSE BURDENS.
ONE OF THE THINGS THAT THE JUSTICES SAID IS THAT IF PLAINTIFFS ULTIMATELY ME THE 1ST FACTOR UNDER THE TEST BASICALLY IT'S A SLAM DUNK FOR THE REST OF IT.
SO CLEARLY THE 1ST FACTOR WITH JINGLE IS SOMETHING THAT WAS TALKED ABOUT A LOT DURING THE ARGUMENT.
WE THINK THAT, UNLIKE THE PLAINTIFFS THAT WE HAVE GIVEN THE COURT SOME BENCHMARKS TO CONSIDER, PARTICULARLY THIS IDEA OF HOW WOULD AN UNBIASED MAP DRAWER BE ABLE TO DRAW THOSE MAPS USING THE TRADITIONAL CRITERIA WITH THE VENUES IN REDISTRICTING.
WE THINK THERE WILL BE CLARITY FROM THIS CASE AND AGAIN I THINK IT'S WILL SUPPORT AND STRENGTHEN ALABAMA'S ARGUMENT.
>> WE WILL CERTAINLY BE FOLLOWING THAT.
I WANTED TO, WHILE YOU'RE HERE, I HAVE TO ASK ABOUT GAMBLING.
WE HAD THIS PRETTY MONUMENTAL RULING COME OUT OF THE STATE SUPREME COURT TALKING ABOUT CASINOS IN LOWNDES COUNTY AND MAY CON COUNTY.
YOU CELEBRATED THIS AS A HUGE WIN AT THE COURT.
CAN YOU EXPLAIN LEGALLY HOW WE GOT HERE OVER THE LAST FIVE YEARS AND WHAT THIS RULING ACTUALLY MEANS.
>> I'M GLAD YOU POINTED OUT FIVE YEARS BECAUSE IT HAS BEEN A LONG TIME.
NOT BECAUSE OF DELAYS IN THE SUPREME COURT.
FRANKLY, WE HAD GET OUR CASES HEARD AT THE LOCAL LEVEL.
IT'S INITIATED A LITTLE DIFFERENTLY.
THE SUPREME COURT HAS BEEN CLEAR.
ELECTRONIC BINGO IS ILLEGAL.
HOWEVER YOU CHARACTERIZE IT, THESE ARE TRULY SLOT MACHINES AND THAT'S CONTRARY TO ALABAMA LAW AND NOT SOMETHING THAT SOMEBODY CAN LAWFUL FLEE USE IN THEIR BUSINESS.
BUT YET THE EFFORTS OF THE PAST -- THE SEIZURE OF MACHINES, FORFEITURE OF FUNDS AND CRIMINAL PROSECUTIONS, REMEMBER THEY'RE ONLY MISDEMEANORS AND WE WENT WITH A DIFFERENT APPROACH.
ALTHOUGH SUCCESSFUL FOR SHORT PERIODS, THEY DIDN'T SUSTAIN IN CLOSING DOWN UNLAWFUL BUSINESSES.
WE USED A VEHICLE GIVEN TO THE ATTORNEY GENERAL AND THAT SO TO SEEK THE STOPPAGE OF PUBLIC NUISANCES OF THE ALABAMA LAW WAS CLEAR THAT GAMBLING IS A NUISANCE PER SE WHICH MEANS ALL THE WE HAD TO PROVE IS THERE WERE ILLEGAL GAMBLING OPERATIONS AND THAT WAS ENOUGH AND WHAT THE SUPREME COURT SAID LAST FRIDAY WITH A GREAT DEAL OF FRUSTRATION, BY THE WAY, I DON'T THINK I HAVE EVER SEEN THE LANGUAGE THAT WE SAW IN THAT COURT ABUNDANTLY CLEAR, AND I GOT IT.
I SHARE THAT SAME FRUSTRATION BECAUSE I'M SIMPLY DOING THE JOB THAT THE STATE OF ALABAMA REQUIRES MEET TO DO AND THAT'S TO ENFORCE THE LAW.
AND HEAR THE COURT HAS SAID VERY CLEARLY TO THE OPERATION OF VICTORYLAND AND LOWNDES COUNTY THAT YOU'RE IN VIOLATION OF THE LAW AND ASKED THE COURT TO ENTER A LAW CONSISTENT WITH THE COURT SAID WHICH IS TO SHUT DOWN.
THOSE ARE THE ONLY TWO CASES THAT WERE THERE BUT ALSO WE HAVE THE ACTION PENDING INVOLVING GREEN TRACK AND IT'S SIMPLY NOT IN THE SAME POSTURE WITH THE COURT BECAUSE OF ACTIONS OF THE TRIAL JUDGE THERE BUT SAME LAW APPLIES.
THE SAME DECISION THE COURT RENDERED IN THE CASE LAST FRIDAY SHOULD APPLY TO GREEN TRACK AS WELL BUT IT ALSO SHOULD SEND A MESSAGE TO THOSE FACILITIES THAT ARE IN JEFFERSON COUNTY, WHICH WE ALSO BELIEVE ARE IN EVALUATION OF THE LAW.
WE HAVE GIVEN THE OPPORTUNITY FOR LOCAL OFFICIALS TO DO THEIR JOBS.
WHETHER IT'S THE LOCAL PROSECUTOR, LOCAL LAW ENFORCEMENT WHO CAN MAKE THOSE NOTIFICATIONS, AND THAT UNLESS AND TELL UNTIL THE LEGISLATURE COMES TO IN AND CHANGES FROM CHANGES THE LAWSUIT IN THE STATE OF ALABAMA IT IS CLEAR ELECTRONIC BINGO IS UNLAWFUL AND I'M VERY PLEASED WITH WHAT THE COURT DID LAST WEEK.
>> THE QUESTION I HAVE IS, AS YOU MENTIONED THERE HAVE BEEN ACTIONS IN THE PAST, RAIDS, THEY CHANGED THE MACHINES AND REOPENED.
6 SO WILL THIS ACTUALLY LEAD TO CASINOS SHUTTING DOWN?
HOW DOES THAT WORK?
IS IT A LAW ENFORCEMENT THING?
HOW DOES IT PHYSICALLY HAPPEN?
WILL IT HAPPEN?
SHOULD PEOPLE EXPECT FOR VICTORYLAND TO CLOSE?
>> YEAH, ABSOLUTELY.
HERE IS PART THE REASON WE CHOSE THE STRATEGY THAT HE DID IS THAT THE COURT IS DISTRICTING THE TRIAL JUDGE TO ENTER THE INJUNCTION THAT HE HAVE ASKED FOR, THE PRELIMINARY INJUNCTION WHICH MEANS THAT IS A COURT ORDER DIRECTING THE PARTY THAT WAS SUED, AND THERE'S MULTIPLE PARTIES LISTED, TO CEASE OPERATION.
IN THE EVENTUAL THEY DON'T, WE DON'T HAVE TO RELY UPON LOCAL LAW ENFORCEMENT TO ACT.
>> THAT'S THE TROUBLE, RIGHT, THEY'RE ALL SUPPORTIVE -- >> WE CAN PETITION THE JUDGE DIRECTLY TO THEN HOLD THOSE ENTITIES IN CONTEMPT WHERE WITH A CRIMINAL PENALTY THAT REALLY DOESN'T SCARE ANYBODY ABOUT GOING TO JAIL, WHICH HAS BEEN AN TOASTER CHANGE IT OVER THE YEARS AGO IN ALABAMA AND NEVER WORKED, HERE IS ONE THAT HAS THE TEETH OF A CONTEMPT ACTION CAN JAIL SOMEBODY FOR NOT COMPLYING WITH THE LAW SO WE FEEL GOOD ABILITY WHERE WE'RE POSTURED AND WE HOPE THAT PEOPLE WHO ARE DEFENDANTS IN THIS CASE MAKING THOSE DECISIONS UNCLES THAT THEY HAVE TO DO FOLLOW THE LAW.
AND MAYBE WHILE THEY HAD THIS ARGUMENT THEMED TO PRESENT THAT THEY WERE OPERATING LAW ENFORCEMENT LAWFULLY, NOW IT'S CLEAR THEY AREN'T AND THERE'S NO JUSTIFICATION FOR THEM TO CONTINUE MOVING FORWARD SO MY HOPE IS THAT, ONCE WE ARE ABLE TO RECEIVE THE FINAL ORDER FROM THE SUPREME COURT, THAT THE LOCAL JUDGE WHO HAS THE CASE, WHETHER IT BE THE ONE INVOLVING VICTORYLAND OR LOWNDES COUNTY WILL OPERATE QUICKLY AND THE ORDER WILL BE IN PLACE TO SHOULD THEM DOWN.
>> AS I HAVE SAID VERY BUSY ADVERTISEMENT FOR YOUR OFFICE.
THANK YOU FOR YOUR TIME AND COMING ON "CAPITOL JOURNAL."
>> THANK YOU FOR.
>> WE WILL BE RIGHT BACK.
>> THAT'S OUR SHOW FOR TONIGHT.
THANK YOU FOR WATCHING.
WE WILL BE BACK NEXT FRIDAY NIGHT AT 7:30 HERE ON ALABAMA PUBLIC TELEVISION.
FOR OUR "CAPITOL JOURNAL" TEAM, I'M TODD STACIE.

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