The Fulton County ruling that suspended Georgia’s antiabortion law Tuesday leaves many, many unanswered questions in state politics.
Chief among them: Will an appeals court uphold the state’s ban on most abortions as early as six weeks or agree with Judge Robert McBurney’s decision to void the 2019 law? If so, what will Gov. Brian Kemp do?
Kemp offered clues about his next step through a spokesman who bashed what he characterized as a ruling that “places the personal beliefs of a judge over the will of the Legislature and people of Georgia.
“The state has already filed a notice of appeal, and we will continue to fight for the lives of Georgia’s unborn children,” said Andrew Isenhour.
A second question is whether Georgia’s newly elected state House and Senate will decide to introduce a similar bill to the previous six-week ban that could pass constitutional muster. Both chambers will have new GOP leaders when the next session begins in January, but with smaller majorities than just four years ago.
Look particularly at the House, where the original six-week ban passed by a single vote in 2019, when Republicans had a 105-to-75 majority. In 2023, that will shrink by four votes to a 101-to-79 partisan split. Will Speaker-elect Jon Burns, chosen by his colleagues days ago, make pushing new abortion restrictions among his first acts as leader?
Likewise, the Republicans in the Georgia state Senate had a 35-to-21 majority in 2019, but will have a slimmer 33-to-23 majority over Democrats in 2023.
Kemp ran in 2018 promising to pass the “toughest” abortion restrictions in the nation. But heading into his second term, he promised to be laser- focused on economic issues and ways to make Georgia “the best state to do business.” Will that include pushing Burns, Lt. Gov.-elect Burt Jones, and other new leaders to make a six-week ban their first, heaviest lift?
Many rank-and-file legislators don’t want to revive the emotional 2019 debate, but the high-profile ruling voiding the earlier law may give them little choice.
***
LISTEN UP. The midweek edition of the Politically Georgia podcast is in your feeds this morning, with a deep dive on how Democratic control of the U.S. Senate could affect the runoff election in Georgia. And we look at the state House elections for Speaker and the direction that could be sending the chamber.
Listen and subscribe at Apple Podcasts, Spotify, Google Podcasts, or Stitcher. And if you have a question or comment about Georgia politics, call us any time on our podcast hotline at (770) 810-5297 and we’ll try to answer it on Friday’s episode.
***
DEMOCRATS SUE. U.S. Sen. Raphael Warnock and the Democratic Party of Georgia filed a lawsuit Tuesday to allow counties to provide early voting on a Saturday ahead of the Dec. 6 U.S. Senate runoff.
The AJC’s Mark Niesse reports that the suit urges a judge to declare that Saturday voting is allowed in the runoffs, contrary to Secretary of State Brad Raffensperger’s assertion that state law bans it. He said that attorneys for the state interpreted the law as prohibiting early voting because of the proximity of the election to Thanksgiving and the Friday state holiday formerly celebrating Robert E. Lee’s birthday.
Warnock and his fellow Democrats assailed that decision as a potential vehicle for voter suppression.
“This is not only wrong, but it’s a misinterpretation of the law,” said Warnock, who faces Republican Herschel Walker in the runoff. “It means that workers who punch a clock may not be able to make it to the polls. … We should be striving to give the people of Georgia fair access to the ballot box.”
***
Credit: Daniel Vernando for the AJC
Credit: Daniel Vernando for the AJC
WHAT EARLY VOTING? While Democrats were busy filing suit to allow early Saturday voting before the runoff, GOP Senate nominee Herschel Walker seemed unaware that there will be any early voting ahead of the runoff.
Speaking to a crowd in Jefferson Tuesday night, Walker urged his supporters to get out to vote Dec. 6th or to cast a vote early. But Walker stopped himself and called to a staff member off stage, “I don’t think they have early voting do they?”
Told that there will be voting before the runoff, Walker asked, “They have one day? Two days?”
When the answer of one week came back, a surprised Walker said, “One week! A week? We ought to cut it down from a week. Well, if they give you a week, take that week and do that. You’ve got to get out and vote.”
Walker’s earlier speech went through the familiar sets of social and economic issues designed to bring out the GOP base. One GOP-base favorite Walker never mentioned: Donald Trump.
But about an hour later, as Trump announced this third run for the White House from his Mar-A-Lago estate, the former president talked all about Walker.
“Get out and vote for Herschel!” Trump said.
***
Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
RUN HERSCHEL. A few weeks ago, Herschel Walker’s campaign sent a cease-and-desist letter targeting a newly formed political action committee it accused of “impermissibly” using the former football star’s name, image and likeness to raise cash.
This week, the Republican Senate hopeful’s campaign stepped up its criticism of the Run Herschel Run PAC by urging law enforcement authorities to investigate the organization. Walker campaign manager Scott Paradise said officials are also exploring other legal avenues to “stop them from misleading anyone else.”
“We won’t tolerate people who seek to take advantage of donors and will call out bad behavior wherever it exists, whether it’s ridiculous fundraising splits for candidates not running or scam PACs like Run Herschel Run,” said Paradise.
Records show the group raised about $117,000 through Oct. 19 and hadn’t spent any of those funds. Paradise and other Walker officials have instead encouraged donors to instead give to two other groups: The Senate Leadership Fund, which is affiliated with GOP Leader Mitch McConnell, and 34N22.
Jeremy Brand, a consultant for the PAC and longtime Georgia political hand, said the group was launched to jump-start a pro-Walker, data-driven turnout effort for the runoff -- though it also appealed to donors to “ensure Herschel Walker beats Warnock on Nov. 8.”
“What’s wrong with these people? Republican donors are funding a turnout operation and unhinged members of Herschel’s staff are demanding legal action?” asked Brand.
The PAC, he added, is properly registered and complies with federal laws. “We are trying to help and clearly — based on these false and libelous statements — it’s needed.”
***
Credit: Emily Haney
Credit: Emily Haney
GROUND GAME. The Republican National Committee has already dispatched hundreds of paid staffers to Georgia to boost U.S. Senate nominee Herschel Walker’s campaign. With another 100 en route, the RNC’s Garrison Douglas tells us they’ll have a total of 400 operatives in place around the state by Friday. The sole focus will be door knocking to get the vote out for the Senate runoff.
Meanwhile, the Senate Leadership Fund, a political committee tied to GOP leader Mitch McConnell, said it will be spending $14.2 million on television, radio, and digital advertising to support Walker. The SLF is also footing the $2 million bill to repurpose Gov. Brian Kemp’s ground operation for the runoffs.
On the Democratic side, the New Georgia Project Action Fund announced it has launched a new field operation with the goal of knocking on 1 million doors ahead of the Dec. 6 runoff. The organization says it is hiring 300 more canvassers to double the size of its staff working in 18 field offices across the state.
***
Credit: AJC
Credit: AJC
TODAY ON THE TRAIL:
- Herschel Walker will hold a rally in McDonough with former Arkansas Gov. Mike Huckabee.
- U.S. Sen. Raphael Warnock has no public events. His bus tour resumes Thursday.
***
Credit: File photo
Credit: File photo
TODAY IN WASHINGTON:
- The U.S. Senate is expected to take a procedural vote to create federal protections for same-sex marriage. A bipartisan group of senators says it has enough support to overcome the 60-vote filibuster threshold.
- The U.S. House is expected to vote on a bill to name the Veterans Affairs hospital in Decatur after the late U.S. Sen. Max Cleland, as well as a bill to name the Department of Veterans Affairs’ administrative offices on the same campus after the late U.S. Sen. Johnny Isakson.
***
Credit: AJC
Credit: AJC
NOT IN THE CARDS. Two Georgia lawmakers vying for leadership positions within the U.S. House Republican Conference lost their election on Tuesday.
U.S. Rep. Drew Ferguson, R-West Point, landed in third place in the initial ballot for the position of whip, falling short of second place by just one vote. Ultimately, U.S. Rep. Tom Emmer of Minnesota won the competition for the third-highest ranking slot within GOP leadership.
Rep. Andrew Clyde, R-Athens, who campaigned for the conference secretary position, also was not successful. He lost to Michigan Rep. Lisa McClain in a head-to-head matchup.
While both Ferguson and Clyde failed to win a majority of fellow Republicans’ support, it appears that fellow members of the Georgia delegation backed them.
“Georgia always holds together with our first ballot races,” U.S. Rep. Barry Loudermilk said after the vote. “So, I think everybody in Georgia followed along.”
House Republicans voted 188-31 to keep California’s U.S. Rep. Kevin McCarthy as their nominee for House Speaker. McCarthy will need every vote, and then some, to win the top job on Jan. 3, when he’ll have to get 218 members’ support. That gives McCarthy just seven weeks to convince the conservative lawmakers who supported Rep. Andy Biggs to back him instead.
Credit: File photo
Credit: File photo
U.S. Rep. Marjorie Taylor Greene continued to trumpet McCarthy after Tuesday’s vote, and she called for party unity.
“We have a very slim majority, and so this is why it’s so important for us to stay unified and get behind him as our speaker,” she said. “Because we cannot open the door to the Democrats peeling off several of our Republicans and working together to choose a speaker that they would control.”
***
Credit: Jason Getz/AJC
Credit: Jason Getz/AJC
BABY SENATOR. There was a special guest on the Senate floor Monday evening: U.S. Sen. Jon Ossoff’s infant daughter, Eva.
The senator and his wife, Dr. Alisha Kramer, have been private about their 11-month old. They didn’t announce that Kramer was pregnant until after their daughter was born and haven’t shared any photos of her publicly.
But she couldn’t escape the cameras that document every minute of Senate floor action for C-SPAN’s live feeds. Screengrabs posted on Twitter show Ossoff holding the baby while he casts votes then lingering on the floor to show her off to staff and colleagues, including U.S. Sen. Joe Manchin.
Craig Caplan, who works for C-SPAN, chimed in with some historical context: The Senate changed its rules in 2018 to allow members to bring their children under the age of 1 on the floor. The first senator to do so was Illinois’ Tammy Duckworth, who was presiding over the Senate when Baby Ossoff helped cast her dad’s vote.
And she made it to Washington in time. Her first birthday is Dec. 17.
***
AS ALWAYS, Jolt readers are some of our favorite tipsters. Send your best scoop, gossip and insider info to patricia.murphy@ajc.com, tia.mitchell@ajc.com and greg.bluestein@ajc.com.
