ATLANTA – A federal court has dismissed the state of Georgia’s bid to dismiss a lawsuit challenging state House and Senate district lines the Republican-controlled General Assembly drew two years ago based on the 2020 census.
The American Civil Liberties Union and the ACLU’s Georgia chapter are arguing the maps deny Black voters an equal opportunity to participate in the political process. U.S. District Judge Steve Jones has set a Sept. 5 hearing date in the case.
“Georgia’s state legislative maps dilute the voting strength of Black Georgians in violation of the Voting Rights Act,” said Sophia Lin Lakin, co-director of the ACLU’s Voting Rights Project. “The maps rob Black voters of the right to engage in politics with equal dignity and equal opportunity. This ruling is a victory, and we look forward to proving our case at trial.”
In rejecting the state’s request for a summary judgment dismissing the lawsuit, Jones wrote that it’s too easy for such a step.
“Material questions of fact remain as to all aspects of Plaintiffs’ claims, and the Court cannot rule for Defendant without making factual determinations, weighing evidence, and assessing the credibility of the experts,” Jones wrote. “Unlike on a motion for a preliminary injunction, these determinations are impermissible on a motion for summary judgment.”
Much of Georgia’s population growth in the last decade has come from an increase in the number of Black residents. Yet, the suit alleges, the legislature failed to draw district boundaries that reflect those demographic changes.
According to the suit, the General Assembly could have – and should have – drawn more than a half-dozen additional new Black-majority districts in light of that Black population growth.
Jones dismissed the lawsuit the first time he heard the case, in March of last year. He declared the May 2022 party primaries were too close at hand for the court to change the maps at that time.
However, that ruling left the lawsuit alive ahead of the 2024 elections.
Voting rights advocates have successfully challenged redistricting maps recently in several states. Congressional maps are expected to be redrawn in time for the 2024 elections in Alabama and Louisiana after federal courts found maps adopted by those states’ legislatures violated the Voting Rights Act.
A federal court has also ordered South Carolina to redraw its congressional map after concluding that one district was an unconstitutional racial gerrymander.
President Donald Trump slammed Georgia’s election system in a speech at the White House on Nov. 5, 2020. (White House video)
ATLANTA – The state Supreme Court late Monday unanimously dismissed a motion by Donald Trump’s lawyers to dismiss Fulton County District Attorney Fani Willis’ investigation of the former president’s alleged attempts to interfere with the 2020 presidential election outcome in Georgia.
A special purpose grand jury Willis assembled last year has recommended that one or more witnesses be indicted for perjury. No names were released when portions of the report were released in February.
Trump’s lawyers filed their motion to dismiss the case last week, alleging that Willis should not be allowed to pursue any charges against Trump because of a conflict of interest.
Willis, a Democrat, was disqualified last year from including Burt Jones, then a Republican candidate for lieutenant governor, in the investigation because she had hosted a fundraiser on behalf of Democrat Charlie Bailey, Jones’ opponent. Jones went on to defeat Bailey last November.
Trump’s lawyers claimed the special purpose grand jury process was a violation of their client’s constitutional rights and that as a candidate for the 2024 Republican presidential nomination, he would suffer “irremediable reputational harm” if he were forced to defend himself against a criminal indictment during the campaign.
While the Georgia Supreme Court has the authority to exercise original jurisdiction in “extremely rare situations,” the justices ruled Monday that Trump has not demonstrated a need for the court to pursue that route.
“The Court has made clear that a petitioner cannot invoke this Court’s original jurisdiction as a way to circumvent the ordinary channels for obtaining the relief he seeks without making some showing that he is being prevented fair access to those ordinary channels,” the justices wrote in a joint opinion.
“He makes no showing that he has been prevented fair access to the ordinary channels. Notably, Petitioner does not assert that the superior court has denied him the opportunity or ability to seek therein the relief he now requests from this Court.”
The Fulton County case involves a recorded phone call Trump made to Georgia Secretary of State Brad Raffensperger in January 2021 asking the Republican state elections chief to “find” 11,780 votes in Georgia. Democrat Joe Biden had carried the Peach State the previous November by 11,779 votes.
The special purpose grand jury also heard testimony surrounding the assembling of a panel of “fake” GOP electors in December 2020 to cast electoral votes for Trump.
With the special purpose grand jury’s work complete, Fulton County Superior Court Judge Robert McBurney empaneled two regular grand juries last week. One of those two juries is expected to hear the case against Trump and consider indictments that could be issued as soon as next month.
ATLANTA – Former state Rep. Terry England is returning to the Gold Dome as chief of staff to House Speaker Jon Burns.
England, a Republican from Barrow County and longtime chairman of the House Appropriations Committee, will succeed the retiring Spiro Amburn on Sept. 1. However, England will begin his new job on Aug. 1 to allow him to work with Amburn and ensure a smooth transition.
“Terry is a trusted leader who has earned the respect of both the members of the House and our staff,” Burns, R-Newington, said Monday. “I know he will continue to be an invaluable counselor in this new role.”
England was elected to the House in 2005. The farmer and small business owner spent the last 12 years of his time in office as Appropriations chairman, retiring at the beginning of this year.
“Speaker Burns and I have been close friends for many years,” England said. “I am proud to stand by his side as he continues to lead the House of Representatives and provides a clear, positive vision for Georgia’s future.”
Amburn has served as chief of staff for 14 years. He was first appointed by the late Speaker David Ralston, R-Blue Ridge.
ATLANTA – Gov. Brian Kemp has promoted the head of the Georgia Bureau of Investigation’s Investigative Division to director of the GBI.
Chris Hosey will succeed former GBI Director Mike Register on Aug. 1.
:”Chris has dedicated his career to protecting the people of our state as a proud member of law enforcement,” Kemp said. “With over 35 years of experience at the GBI, he brings a wealth of institutional knowledge and skill to this role.”
Hosey began his GBI career in 1987 as a narcotics agent with the agency’s Local Violators Squad. In 2001, he was promoted to assistant special agent in charge of a multijurisdictional drug task force.
In 2012, Hosey moved up in the organization again. As an inspector, he was in charge of various drug operations and the GBI’s Training Unit. Three years ago, he became deputy director of investigations.
Hosey received a bachelor’s degree in sociology from Georgia Southwestern State University and a master’s degree in public administration from Columbus State University. He also is a graduate of the FBI National Academy.
Register is leaving the GBI at the end of the month to become Cobb County’s director of public safety.
ATLANTA – The Georgia Supreme Court has cleared the way for automaker Rivian to build an electric vehicle manufacturing plant east of Atlanta.
The justices have declined to hear an appeal challenging the $5 billion project’s bond agreements with the state and the Joint Development Authority of Jasper, Morgan, Newton, and Walton counties (JDA). The plant will create 7,500 direct jobs, not counting the indirect jobs various suppliers will generate.
The state Court of Appeals had earlier dismissed a lawsuit filed by a group of local residents accusing the state and development authority of bypassing local zoning regulations.
“To date, every decisive legal challenge has ruled in the state and JDA’s favor, reinforcing what we have known since December 2021 – Rivian is a generational opportunity for Georgians,” said Pat Wilson, commissioner of the state Department of Economic Development.
“With today’s news, we are looking forward to working with Rivian, our sister agencies, and local communities to capitalize on Georgia’s momentum at the forefront of the e-mobility revolution.”
Development of the 2,000-acre site began last year, with the plant expected to begin production in 2026.
The Rivian project is surpassed in scope only by the huge EV plant Hyundai is building west of Savannah. The Hyundai project, the largest economic development undertaking in Georgia history, represents a $5.5 billion investment and 8,100 jobs.
