1 week ago

Alabama’s Brasher confirmed by U.S. Senate to U.S. Court of Appeals for the 11th Circuit

The U.S. Senate on Tuesday confirmed Judge Andrew Brasher of Alabama as the next judge on the U.S. Court of Appeals for the 11th Circuit; Senator Doug Jones (D-AL) voted against his fellow Alabamian, while Senator Richard Shelby (R-AL) proudly supported the confirmation.

Brasher, currently a federal judge on the U.S. District Court for the Middle District of Alabama, was nominated for the elevated position by President Donald J. Trump in November; the nomination was officially sent to the Senate last month.

Before being nominated by Trump for his current federal judgeship, Brasher was serving as Solicitor General of Alabama. As such, he worked for the Office of the Alabama Attorney General.

Alabama Attorney General Steve Marshall hailed the Senate’s 52-43 vote to confirm Brasher on Tuesday.

“The Senate’s confirmation of Judge Andrew Brasher to the U.S. Court of Appeals is a victory for the rule of law,” Marshall said in a statement.

“Judge Brasher’s deep record of public service, combined with his impeccable legal credentials, more than qualify him for a seat on the 11th Circuit Court of Appeals. I am especially proud of his contributions as Solicitor General for the State of Alabama, where he successfully argued cases before the Alabama Supreme Court, the 11th Circuit Court of Appeals and the U.S. Supreme Court. Without a doubt, Judge Brasher will bring a renewed focus to upholding the law as he assumes his new position on the federal appeals court,” he added.

As each respectively did on Brasher’s confirmation to district court, Jones voted against the nominee on Tuesday, while Shelby voted affirmatively to confirm.

Ahead of the latest confirmation vote, Shelby also delivered remarks on the Senate floor regarding his staunch support for the nominee.

“Andrew Brasher’s confirmation to sit on the U.S. Court of Appeals for the Eleventh Circuit is a testament to his vast legal ability and commitment to upholding the rule of law as it is written,” Shelby stated after the vote. “I believe Judge Brasher has served with impartiality, integrity, and purpose as a district judge, and I am confident he will continue to do so in this new capacity. I commend President Trump on his decision to nominate Judge Brasher to the Eleventh Circuit and know that his dedication to justice will contribute to the respected standards of our nation’s judicial system.”

Brasher has won two “Best Brief Award” honors from the National Association of Attorneys General. Before his appointment as state solicitor general in 2014, he served for several years as deputy solicitor general.

Before joining the attorney general’s office in that capacity, Brasher practiced in the litigation and white-collar criminal defense practice groups in the prestigious Birmingham office of Bradley Arant Boult Cummings LLP. Upon graduation from law school, he served as a law clerk to Alabama’s Judge William H. Pryor, Jr., of the U.S. Court of Appeals for the 11th Circuit. Brasher earned his Bachelor of Arts with honors and summa cum laude, from Samford University, where he presently serves on the Board of Overseers, and his Juris Doctorate, cum laude, from Harvard Law School, where he was a member of the Harvard Law Review and winner of the Victor Brudney Prize.

Ahead of Marshall’s time as attorney general, Brasher served in the office of then-Attorney General Luther Strange.

Strange has supported Brasher’s respective nominations and lauded the latest confirmation.

Jones on Monday also voted against Brasher’s confirmation coming to a final vote.

Mike Davis, the founder of the Article III Project and former chief nominations counsel for the Senate Judiciary Committee and clerk for Justice Neil Gorsuch, has tweeted out his derision of Jones’ opposition to Brasher. You can read that tweet thread here.

In a statement to Yellowhammer News, Davis said, “The Article III Project is pleased the Senate voted to promote Judge Andrew Brasher to the 11th Circuit. Senate Democrats, pushed by their leftwing allies, should be ashamed of themselves for the smears on a nominee who even the liberal American Bar Association unanimously rated as ‘well qualified.'”

Brasher is now Trump’s 51st confirmed circuit judge; for context, President Barack Obama appointed 55 over his entire presidency.

The Alabamian will succeed U.S. Court of Appeals for the 11th Circuit Chief Judge Ed Carnes, who is taking senior status on June 30 at the earliest. Brasher will have to wait until then for the seat to actually open up. He will be Trump’s second-youngest circuit court appointee when he officially takes the bench.

UPDATE 8:35 p.m.

In a statement, Jones press secretary Caroline Stonecipher said, “Senator Jones did not support his nomination to the district court and has not seen any new information that would change his position. That being said, Judge Brasher currently serves on the bench and Senator Jones wishes him well going forward.”

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

31 mins ago

ALFA urges Alabamians to vote ‘Yes’ on Amendment One

The Alabama Farmers Federation (ALFA) is urging the citizens of Alabama to vote “Yes” on Amendment One when they go to the polls on March 3.

Amendment One would alter the governing body of Alabama’s public schools. The system Alabama has currently is a board of eight members that are elected by voters. Amendment One would create a board where each member is appointed by the governor and confirmed by the State Senate.

In the eyes of ALFA, “Amendment 1 provides voters a choice of keeping politicians in charge of the State School Board or replacing them with nine new commission members who are term limited.”

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As part of their support for the amendment, ALFA is joining other groups to fund the “Yes for the Best Education” campaign.

(ALFA/Contributed)

“Amendment 1 offers voters an opportunity to take the first step to improving public schools,” said Federation President Jimmy Parnell, who is chairing the campaign.

He added, “Voters recognize that public K-12 schools are undeniably at the bottom of almost every national ranking. At the same time, instability has become the norm at the top of the Alabama State Department of Education, which has seen five state superintendents in the last four years.”

The push to move to an appointed school board was led in the Alabama Senate by Senate President Pro Tem Del Marsh (R-Anniston), with strong support from Governor Kay Ivey and House Speaker Mac McCutcheon (R-Monrovia).

“Alabama is just one of seven states that still hold elections for State School Board. If Amendment 1 is approved by voters, local school boards will still control their districts and decision-making,” Parnell advised.

Recent polling from ALDailyNews showed Alabama voters are split on whether or not to approve Amendment One, with many still undecided.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95.

1 hour ago

Mooney for Senate endorsed by 10 state legislators

State Rep. Arnold Mooney’s (R-Indian Springs) campaign for the U.S. Senate has received an endorsement from 10 of his colleagues in the state legislature with less than two weeks to go before the primary election.

The endorsers include many of the most conservative members in the Alabama statehouse, like State Rep. Mike Holmes from the Montgomery area and State Rep. Tommy Hanes from Northeast Alabama.

The state-level endorsements fall in line with the prominent national conservatives who have endorsed Mooney previously. Conservative Senators Mike Lee (R-UT) and Rand Paul (R-KY), along with conservative television host Mark Levin, and Alabama’s own Rep. Mo Brooks (AL-05) are among those who have thrown their support behind Mooney.

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The full list of state legislators, as follows:

  • Rep. Andrew Sorrell (R-Muscle Shoals)
  • Rep. Danny Crawford (R-Athens)
  • Rep. Ritchie Whorton (R-Owens Cross Roads)
  • Rep. Tommy Hanes (R-Bryant)
  • Rep. Mike Holmes (R-Wetumpka)
  • Rep. Rich Wingo (R-Tuscaloosa)
  • Rep. Will Dismukes (R-Prattville)
  • Sen. Larry Stutts (R-Florence)
  • Sen. Dan Roberts (R-Birmingham)
  • Sen. Will Barfoot (R-Pike Road)

In addition to those legislators, Mooney has gotten the personal endorsement of Eunie Smith, the president of the Eagle Forum. The Eagle Forum is a deeply conservative group with a strong presence in Alabama.

Many of Mooney’s coworkers in the state legislature called him a “friend” in their statements. They praised Mooney’s passion for conservative values, his commitment to pro-life policies and Christian values. The group of legislators that endorsed Mooney on Friday is viewed by many as having similarities to members of the Freedom Caucus in Washington, D.C.

Sen. Dan Roberts said in a statement, “Arnold Mooney is a true conservative and has the record to prove it. Over the years, I have witnessed Arnold stand up to the establishment in Montgomery, fight for the life of the unborn, and ensure that the voice of the people he represents are heard. Arnold is a family man, a true conservative, and a strong Christian. Alabama needs him in Washington.”

“Representative Arnold Mooney is a tremendous friend and colleague who is well suited and very capable of representing Alabama as a United States Senator. He is the true conservative in the race and has the record to prove it,” Rep. Andrew Sorrell advised.

Mooney’s supporters will be hoping the endorsements generate enthusiasm for a campaign that has lagged in recent polls.

Yellowhammer reported earlier Friday that Mooney has $350,626 cash on hand for the remainder of the election. Fundraising is one area where the Mooney campaign’s success has surprised many political observers. The candidate has consistently been able to pull in funds at a level that outpaces his relative standing in public polls, seemingly from small grassroots donations.

(FEC) Totals from the entire race up to Feb 12, 2020.

Mooney will compete at the ballot box on March 3 with former U.S. Attorney General Jeff Sessions, former Auburn University football coach Tommy Tuberville, U.S. Rep. Bradley Byrne (R-Fairhope) and former Chief Justice of the Alabama Supreme Court Roy Moore.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95.

3 hours ago

Dale Jackson: Sessions is punching in all directions — that shows the status of the U.S. Senate race

The race for the United States Senate seat from Alabama has gotten pretty contentious this past week. The knives are out, and it’s about time.

Former Attorney General Jeff Sessions has made his presence felt by going after both Congressman Bradley Byrne (R-Fairhope) and former Auburn head football coach Tommy Tuberville.

Sessions joined WVNN on Thursday to highlight his concerns with the other major contenders for his old Senate seat.

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Sessions hit Byrne for abandoning the president only weeks before the general election against Hillary Clinton.

Sessions explained on “The Dale Jackson Show,” “Well it’s a huge mistake. It would have guaranteed the election to Hillary Clinton.”

Sessions wants voters to know that he was on stage with now-President Donald Trump wearing a red MAGA hat while “my own Congressman was saying he was unfit to be president and should resign.”

“That would have split the party and been a disaster of monumental proportions, so it is a big deal, I just have to say,” he added.

The attacks pointed towards Tuberville are far more pointed.

Sessions hammered him on his Florida residency, pointing out that Tuberville claimed his homestead exemption in Florida and has never voted in Alabama. He also pointed out that Tuberville did not donate a cent to the Trump campaign, while millions of average Americans did.

“He filed for homestead in Florida in 2018, and he hasn’t voted in Alabama. He voted in Florida in 2018, it appears. I’m not sure he even voted for President Trump, I’m not sure, he certainly didn’t give a contribution to the Trump campaign, he never once spoke out in favor of the Trump campaign. So, now he waltzes in tourist-like, I think it’s a fair word, to say now I want to be Alabama’s senator, and go up there and defend Alabama’s values.”

Sessions in the interview also hit Tuberville on immigration, vets and trade.

My takeaway:

These are all fair arguments. Tuberville filed his homestead exemption, which you file on your primary residence in Florida in 2018. He paid his taxes there. He lived there and admitted to me that he moved here to run for U.S. Senate because he knew his name ID in the state would work.

Tuberville did talk about amnesty for illegals.

Tuberville did say he was blaming Trump for veterans’ health care.

Tuberville did say Trump was putting a noose around the neck of farmers.

The attacks show that Sessions knows he is in a dogfight for his former seat. He is not walking away with this like many thought he would. Polls indicate he is in first or second, so as this race continues to heat up, look for more attacks on his opponents’ records from Jeff Sessions.

Listen:

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN.

4 hours ago

Mo Brooks, colleagues introduce bill to protect travelers with firearms

Congressman Mo Brooks (AL-05), along with 13 original cosponsors, introduced the Lawful Interstate Transportation of Firearms Act on Friday.

According to a press release, the Lawful Interstate Transportation of Firearms Act would “expand the Firearms Owners’ Protection Act (FOPA) ‘transport’ definition to include ‘staying in temporary lodging, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, or any other activity incidental to the transport.'”

In addition, the bill clarifies that the ability to transport a firearm also applies to  ammunition and  detachable magazines, which are essential to the function and purpose of a firearm.

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“‘The right of the people to keep and bear arms shall not be infringed’ means that Americans do not relinquish their Second Amendment Rights by simply traveling across state lines,” Brooks said. “All Americans have the constitutional right to self-defense whether they are at home or traveling.”

He added, “My bill, the Lawful Interstate Transportation of Firearms Act, would bar freedom-hating, anti-Second Amendment states and localities from prosecuting firearm-transporting travelers who are passing through on the way to their destination who engage in travel-related activities.”

The press release also noted that FOPA currently prohibits state prosecution of “persons traveling from one place to another for any state firearms offense if the traveler is merely passing through on the way to their destination as long as the firearm is transported in a locked container other than the vehicle glove compartment or console.”

“Despite FOPA protections, a disturbing trend has emerged wherein anti-Second Amendment states and localities increasingly seek to criminalize the possession of a firearm or ammunition,” the release stated. ” These freedom-hating jurisdictions continue to seek ways to prosecute travelers merely for the possession of an otherwise lawful firearm. This bill seeks to safeguard otherwise law-abiding gun owners traveling the country from overcriminalization by anti-Second Amendment states and localities.”

“Malicious state laws  unconstitutionally  criminalize  what would otherwise be considered  law-abiding activity  for the explicit purposes of making gun ownership, possession, and transportation more difficult,” said Aidan Johnston, GOA’s director of Federal Affairs. “The Lawful Interstate Transportation of Firearms Act complements the Second Amendment in its mission to protect Americans from governmental infringement on the right to keep and bear arms.”

Johnston added, “I hope every member of Congress supports this simple legislation that protects gun owners while they travel.”

Original cosponsors of the bill include Congressman Brian Babin (TX-36), Congressman Steve Watkins (KS-02), Congressman Steve King (IA-04), Congressman Matt Gaetz (FL-01), Congressman Bradley Byrne (AL-01), Congressman Greg Gianforte (MT-AL), Congressman Jeff Duncan (SC-03), Congressman Ted Yoho (FL-03), Congressman Paul Gosar (AZ-04), Congressman Doug Lamborn (CO-05), Congressman Jody Hice (GA-10), Congressman Ralph Norman (SC-05) and Congressman Doug LaMalfa (CA-01).

Follow Kyle on Twitter @RealKyleMorris and Facebook.

4 hours ago

Auburn University announces A-Day kickoff time, ticket sales

Auburn University announced Thursday that its popular A-Day game, presented by Golden Flake, will kick-off at 1:00 p.m. CST at Jordan-Hare Stadium on April 11.

Tickets for the annual spring football game are on sale now through the Auburn Ticket Office for $5 to the general public and free for AU students who have an Auburn Ignited Card.

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Tickets for the event can be purchased here or in-person at the Auburn Ticket Office located at Auburn Arena from 8:00 a.m. – 4:30 p.m.

A press release for the event said a pre-game “Auburn Legends” flag football game will be held in Jordan-Hare Stadium with participating players being announced at a later date. A post-game autograph session will also be held after A-Day. Fans will be limited to one item per person.

A-Day Weekend will also feature the softball and men’s tennis teams competing at home. The softball team will host Ole Miss at Jane B. Moore Field on Friday, April 10 at 5:00 p.m. and on Saturday, April 11 at 4:00 p.m. In addition to the other events occurring, the Auburn men’s tennis team will host Arkansas on Friday, April 10 at 2:00 p.m. at the Yarbrough Tennis Center.

Kyle Morris also contributes daily to Breitbart News. You can follow him on Twitter @RealKyleMorris.