Kentucky State Sen. Alvarado to become Tennessee's next health commissioner
By Steve Bittenbender | The Center Square contributor Nov 23, 2022
(The Center Square) – Kentucky state Sen. Ralph Alvarado, R-Winchester, will soon be heading to Tennessee.
Tennessee Gov. Bill Lee announced Alvarado, a medical doctor and healthcare executive, will become the next commissioner of the state’s Department of Health. The move takes effect Jan. 16.
“It’s an honor to join Gov. Lee’s team to advance health and prosperity for every Tennessean,” said Alvarado. “I appreciate this opportunity and look forward to serving individuals and families across the Volunteer State.”
Alvarado will replace Dr. Morgan McDonald, who has served as the state’s interim commissioner since June. Former Commissioner Dr. Lisa Piercey departed from the Lee Administration in May.
“Dr. McDonald is a dedicated public servant, and I commend her continued leadership during this time of transition,” Lee said. “Dr. Alvarado’s significant clinical and hospital management experience make him well-positioned to lead the Department of Health, and I appreciate his service to Tennesseans.”
Alvarado, 52, became the first Hispanic member of the Kentucky General Assembly when he beat then-state Sen. R.J. Palmer in the 2014 general election. He won his third term earlier this month, facing only a write-in campaign from Joshua Buckman, an independent candidate.
Alvarado also served as then-Gov. Matt Bevin’s lieutenant governor pick for his unsuccessful re-election campaign in 2019.
Senate President Robert Stivers, R-Manchester, said Wednesday that Alvarado will remain in his set through the first week of the General Assembly’s 2023 session, which begins on Jan. 3. The remainder of the 30-day session will take place in February and March.
“His presence is critical to the start of our 2023 session because historically, key legislation has been crafted and passed at this time,” said Stivers, who also wished Alvarado well in his new role.
A special election will be scheduled.
While he chairs the Senate Health and Welfare Committee, Alvarado has also been a leading proponent for creating education opportunity accounts that would give families more control over where they can send their children to school.
State, national Republicans taking appeals court ruling to Georgia Supreme Court
By T.A. DeFeo | The Center Square contributor Nov 22, 2022
(The Center Square) — A Georgia appeals judge has declined to overturn an early voting ruling, and Republican leadership groups have taken their appeal to the Georgia Supreme Court.
Voters will return to the polls for a U.S. Senate runoff between Democratic U.S. Sen. Raphael Warnock and Republican challenger Herschel Walker. Election Day is Dec. 6, and the appellate ruling allows early voting to commence Saturday.
On Tuesday, however, the Georgia Republican Party, the National Republican Senatorial Committee and the Republican National Committee asked for an emergency stay of the lower court ruling
Last week, Fulton County Superior Court Judge Thomas A. Cox Jr. ruled in favor of a lawsuit filed by Democrats and Warnock’s campaign.
In a statement, Democratic Party of Georgia Executive Director Rebecca DeHart, Warnock Campaign Manager Quentin Fulks and Democratic Senatorial Campaign Committee Executive Director Christie Roberts called the ruling a win for Georgia voters.
“This ruling is a victory for every Georgia voter, and we look forward to counties across the state providing voters the opportunity to cast their ballots on Saturday, November 26th,” they said.
Georgia Secretary of State Brad Raffensperger, a Republican, had no plans to take the case to the Georgia Supreme Court.
“The court has worked its will,” Mike Hassinger, a spokesman for Raffensperger, said in a statement. “We believe this is something the General Assembly should consider clarifying to avoid confusion in the future. I hope that election workers are able to enjoy a somewhat restful holiday despite this decision.”
Landmark TN Supreme Court decision finds mandatory life sentences for juveniles unconstitutional
In a landmark decision, a majority panel of the Tennessee Supreme Court on Friday struck down as unconstitutional mandatory life sentences for juveniles.
“In fulfilling our duty to decide constitutional issues, we hold that an automatic life sentence when imposed on a juvenile homicide offender with no consideration of the juvenile’s age or other circumstances violates the prohibition against cruel and unusual punishment under the 8th Amendment to the United States Constitution,” the state’s high court ruled in a decision made public Friday.
Justice Sharon Lee, who this week announced she would be retiring next year, authored the groundbreaking decision and was joined in the majority opinion by Special Justice William C. Koch Jr. and Justice Holly Kirby. Justices Jeffrey Bivins and Roger Page dissented.
The ruling comes in the case of Tyshon Booker, who was 16-years-old when he fatally shot G’Metrick Caldwell, 26, inside a car on Linden Avenue in Knoxville in November 2015. Knox County Assistant Public Defender Jonathan Harwell successfully convinced the high court to strike down the mandatory life sentence imposed against Booker, who was tried as an adult.
Tennessee law requires imposition of a life sentence as punishment for all offenders, including juveniles, convicted of either first-degree murder or felony murder.
In fulfilling our duty to decide constitutional issues, we hold that an automatic life sentence when imposed on a juvenile homicide offender with no consideration of the juvenile’s age or other circumstances violates the prohibition against cruel and unusual punishment under the 8th Amendment to the United States Constitution
– Tennessee Supreme Court opinion striking mandatory life sentences for juveniles convicted of murder
But the state’s Supreme Court held that such a mandatory sentence for juvenile offenders “does not square with the United States Supreme Court’s interpretation of the 8th Amendment.”
Ex-Sen. Brian Kelsey pleads guilty to two counts of federal campaign finance violations
Kelsey faces a maximum of 5 years in prison and $250,000 in fines on each count
Nearly a year after proclaiming he was a victim of a political “witch hunt,” former Republican Sen. Brian Kelsey pleaded guilty Tuesday to violating federal campaign finance laws in a scheme to bolster his failed 2016 congressional campaign.
Kelsey, 44, entered guilty pleas to two counts of a five-count federal indictment, one for conspiracy to defraud the United States and another for aiding and abetting the acceptance of funds in excess of federal limitations of $25,000.
The guilty pleas each could net him five years in prison, three years of probation and a $250,000 fine. U.S. District Court Judge Waverly Crenshaw accepted the pleas and set sentencing for June 9, though that date is expected to be moved up.
Kelsey declined to comment to reporters before and after Tuesday’s hearing.
Accompanied by attorneys Paul Bruno, Jerry Martin and David Rivera, the Germantown Republican admitted to federal prosecutors’ charges that he funneled more than $90,000 from his state account to his congressional campaign, illicitly using “soft money” not governed by federal laws. It is illegal to direct state campaign funds to a federal campaign.
During a dinner gathering six years ago, Kelsey, who declined to run for re-election this year, gave a $106,000 check to co-defendant Josh Smith, proprietor of The Standard Club, a downtown restaurant that catered to Republican lawmakers, according to the indictment. The money was filtered through The Standard Club PAC and Citizens 4 Ethics in Government PAC to the American Conservative Union, which bought radio/digital advertising backing Kelsey’s campaign shortly before he finished fourth in the race, federal documents say.
Kelsey, a conservative Republican who sponsored the governor’s private school voucher legislation and worked against Medicaid expansion, made a statement on the Senate floor in January blaming his indictment on political divisiveness and the Biden Administration, even though the investigation started during the Donald Trump presidency.
Kelsey was a conservative activist during his 18 years in the Legislature, sponsoring constitutional amendments that abolished a state income tax, changed the selection of state appellate judges from a popular vote to gubernatorial appointment and embedded the state’s “Right to Work” law in the Constitution. Kelsey works for the Liberty Justice Center, a national law firm whose legal efforts are focused on undermining unions.
TENNESSEE'S NEW ATTORNEY GENERAL CONTINUES TO WORK HARD FOR THE PEOPLE.
Tennessee Joins Multi-State Coalition Urging Five Solar Lending Companies to Suspend Loan Payments for Pink Energy (aka Power Home Solar) Customers
Nashville- Attorney General Skrmetti today joined a coalition of eight attorneys general, led by Kentucky Attorney General Daniel Cameron, in sending a letter to Dividend Solar Finance, GoodLeap, Riverbank, Sunlight Financial, and Solar Mosaic. The letter urges these solar lending companies to suspend loan payments and the accrual of interest for customers who financed the purchase of a solar power system from Pink Energy and have not received a working solar power system. The attorneys general also ask the lenders to assist Pink Energy customers who are experiencing other functionality and installation issues.
“This office is committed to protecting Tennessee consumers from unlawful and illegitimate business practices,” said General Skrmetti. “Companies that cheat customers through false representations should and will be held accountable. I’m proud of our Consumer Protection team’s diligence in investigating this matter.”
The Tennessee Attorney General signed onto this letter after an onslaught of complaints that consumers submitted before Pink Energy abruptly closed operations and filed for bankruptcy on October 7, 2022. Several consumer complaints have also been submitted since the bankruptcy filing, mainly by consumers who are worried about having to continue paying for a solar system that does not operate as promised. In their letter, the attorneys general explain that many of the complaints received by their offices allege that Pink Energy made “false representations regarding the systems’ capabilities and anticipated electric bill reduction.”
As a result, consumers “who were led to believe they were making an environmentally friendly and financially prudent decision by purchasing a solar power system from Pink, are now stuck making loan payments for an underperforming or non-functioning solar power system on top of their monthly electric bill.”
The coalition also notes that consumers have alleged that Pink Energy misrepresented consumers’ potential eligibility for tax credits. Many of the lenders’ financing arrangements presumed that even the ineligible consumers could use their 26% credit towards a lump sum payment.
However, as the attorneys general outline in the letter, “For many consumers, not receiving the promised tax credits has left them unable to make the necessary lump sum payment required to keep your company, or an affiliated lender, from substantially increasing their monthly loan payment. These consumers relied on Pink Energy’s representations regarding the tax credits in deciding that they could afford the terms of their loan, and the increased monthly payments are beyond what their budgets could handle – especially when the solar power system is not functioning properly (or at all).”
Attorney General Skrmetti joined attorneys general from Kentucky, Illinois, Indiana, Michigan, North Carolina, Pennsylvania, South Carolina, and Virginia in sending the letter.
