Connect with us

Mississippi Today

Supreme Court hears oral arguments in lawsuit challenging public money to private schools

Published

on

Attorneys for public school advocates said in oral arguments Tuesday before the Mississippi Supreme Court that the state constitutional provision that prevents public funds from going to private schools is “ironclad.”

Attorneys Rob McDuff and Will Bardwell, representing Parents for Public Schools, said at the time of the writing of the 1890 Mississippi Constitution that public funds were being spent on private schools and the framers of the constitution sought to prevent that from occurring. Section 208 of the constitution says, in part, that public funds shall not be provided to any school “not conducted as a free school.”

The Parents for Public Schools organization filed a lawsuit in 2022 challenging the constitutionality of a $10 million state legislative appropriation made to the Midsouth Association of Independents Schools.

“Section 208 expresses a simple principle: public money shall go to public schools,” McDuff told a three-justice panel of the nine-member Supreme Court on Tuesday.

Only justices Leslie King of the Central District, Robert Chamberlin of the Northern District and David Ishee of the Southern District heard the oral arguments, though it is possible that all nine justices will rule on the issue. The case was appealed to the Supreme Court by state Attorney General Lynn Fitch after Hinds County Chancellor Crystal Wise Mastin ruled the Legislature’s action was unconstitutional.

READ MORE: Lawmakers spent public money on private schools. Does it violate the Mississippi Constitution?

Justin Matheny of the Attorney General’s Office argued Tuesday that it was OK for the Legislature to appropriate the money to the state’s private schools for infrastructure repairs because the funds were not state money but were part of the more than $1 billion in federal funds provided to the state for COVID-19 relief.

Additionally, Matheny pointed out the funds were not directly appropriated to the private schools by the Legislature, but to the state Department of Finance and Administration with the instruction to send the money to the private schools in the form of grants. King of the Central District, who presided over the three-justice panel, told Matheny that it was the custom of the Legislature to appropriate most funds to state agencies with instructions to provide the money to the entity that the Legislature intended to receive the funds.

Matheny also argued that the Parents for Public Schools was not directly harmed by the Legislature’s action so the advocacy group did not have standing to bring the case. Bardwell argued that the group as taxpayers, including taxpaying parents of public school students, did have standing.

King asked Matheny if he was arguing that sometimes there is no one with standing to file a lawsuit challenging a legislative action as unconstitutional.

Matheny replied, “It is possible and it should not bother anyone” since no one was harmed by the legislative action. He said the appropriated money was not state funds reserved for public schools, so no one was harmed.

Chamberlin then posed a hypothetical to McDuff: If Congress earmarked money specifically for private schools, would the Mississippi Legislature be able to appropriate it to the private schools then? McDuff replied the Legislature would not under Section 208 of the state constitution. Of course, under Chamberlin’s hypothetical, Congress could bypass the Legislature and send money directly to the private schools just as it did to public schools as part of some of the COVID-19 relief funds.

PODCAST: Will Mississippi Supreme Court stop public funds from going to private schools?

The money the Legislature appropriated to the private schools in 2022 was part of a pot of federal discretionary funds that were sent to the states to be used in numerous areas, including on infrastructure improvements. But since the money was public, Bardwell and McDuff argued, in Mississippi it could not go to private schools.

Buck Dougherty of the Liberty Justice Center argued that the private schools should be allowed to intervene in the case. The private schools were not allowed to intervene in the lower Hinds County Chancery Court. Martin, the judge in the original case, ruled that the request to intervene was made too late.

In addition, Dougherty argued that Section 208 of the state constitution violates the U.S. Constitution. He said that constitutional provisions in various states prohibiting public money from going to private religious schools have been ruled as unconstitutional by the U.S. Supreme Court.

But Bardwell pointed out that the issue is not public money going to religious schools.

He said the U.S. Supreme Court has ruled repeatedly that “the state is not obligated to fund private schools.” But if a state is providing funds to a private school, it cannot discriminate against religious schools. The key difference, Bardwell said, is that Mississippi Constitution’s Section 208 prohibited public funds from going to all private schools.

Numerous people on both sides of the issue attended the Tuesday oral arguments in downtown Jackson.

READ MOREPoliticians want private school vouchers, but not a vote to amend constitution to allow them

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

On this day in 1947, Jackie Robinson broke MLB color barrier

Published

on

mississippitoday.org – @MSTODAYnews – 2025-04-15 07:00:00

April 15, 1947

Jackie Robinson became the first Black baseball player in the Major Leagues when he joined the Brooklyn Dodgers.

Jackie Robinson broke through the color barrier in Major League Baseball, becoming the first Black player in the 20th century. 

Born in Cairo, Georgia, Robinson lettered in four sports at UCLA – football, basketball, baseball and track. After time in the military, he played for the Kansas City Monarchs in the Negro Leagues. After his success there, Dodgers general manager Branch Rickey signed Robinson, and the legendary baseball player started for Montreal, where he integrated the International League. 

In addition to his Hall of Fame career, he was active in the civil rights movement and became the first Black TV analyst in Major League Baseball and the first Black vice president of a major American corporation. 

In recognition of his achievements, Robinson was posthumously awarded the Presidential Medal of Freedom and the Congressional Gold Medal. 

Major League Baseball retired his number “42,” which became the title of the movie about his breakthrough. 

Ken Burns’ four-hour documentary reveals that Robinson did more than just break the color barrier — he became a leader for equal rights for all Americans.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Continue Reading

Mississippi Today

Mississippians highlight Black Maternal Health Week

Published

on

mississippitoday.org – @MSTODAYnews – 2025-04-14 14:04:00

Advocates and health care leaders joined lawmakers Monday morning at the Capitol to recognize Black Maternal Health Week, which started Friday.

The group was highlighting the racial disparities that persist in the delivery room, with Black women three times more likely to die of a pregnancy-related cause than white women.   

“The bond between a mother and her baby is worth protecting,” said Cassandra Welchlin, executive director of the Mississippi Black Women’s Roundtable. 

Rep. Timaka James-Jones, D-Belzoni, spoke about her niece Harmony, who suffered from preeclampsia and died on the side of the road in 2021 along with her unborn baby, three miles from the closest hospital in Yazoo City. 

“It’s utterly important that stories are shared – but realize these are not just stories. This is real life,” she said.

The tragedy inspired James-Jones to become a lawmaker. She says she is working on gaining support to appropriate the funds needed to build a standalone emergency room in Belzoni. 

But it isn’t just emergency medical care that’s lacking for some mothers. Mental health conditions are a leading cause of pregnancy-related deaths, defined as deaths up to one year postpartum from associated causes. 

And more than 80% of pregnancy-related deaths are deemed preventable – making the issue ripe for policy change, advocates said. 

“About 20 years ago, I was almost a statistic,” said Lauren Jones, a mother who founded Mom.Me, a nonprofit seeking to normalize the struggles of motherhood through community support. “I contemplated taking my life, I severely suffered from postpartum depression … None of my physicians told me that the head is connected to the body while pregnant.”

With studies showing “mounting disparities” in women’s health across the United States – and Mississippi scoring among the worst overall – more action is needed to halt and reverse the inequities, those at the press conference said.

The Mississippi Legislature passed four bills related to maternal health between 2018 and 2023, according to a study by researchers at the University of Mississippi Medical Center.

“How many times are we going to have to come before committees like this to share the statistics before the statistics become a solution?” Jones asked.

A bill that would require health care providers to offer postpartum depression screenings to mothers is pending approval from the governor.

Rep. Zakiya Summers, D-Jackson, the organizer of the press conference, commended the Legislature for passing presumptive eligibility for pregnant women this year. The policy will allow women to receive health care covered by Medicaid as soon as they find out they are pregnant – even if their Medicaid application is still pending. It was spearheaded by Rep. Missy McGee, R-Hattiesburg. 

Summers also thanked Rep. Kevin Felsher, R-Biloxi, for pushing paid parental leave for state employees through the finish line this year. 

Speakers emphasized the importance of focusing Black Maternal Health Week not just on mitigating deaths but on celebrating one of life’s most vulnerable and meaningful events.

“Black Maternal Health Week is a celebration of life, since Black women don’t often get those opportunities to celebrate,” said Nakeitra Burse, executive director of Six Dimensions, a minority women-owned public health research agency. “We go into our labor and delivery and pregnancy with fear – of the unknown, fear of how we’ll be taken care of, and just overall uncertainty about the outcomes.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Continue Reading

Mississippi Today

Trump to appoint two Northern District MS judges after Aycock takes senior status

Published

on

mississippitoday.org – @MSTODAYnews – 2025-04-14 11:01:00

Judge Sharion Aycock

President Donald Trump can now appoint two new judges to the federal bench in the Northern District of Mississippi. 

U.S. District Judge Sharion Aycock announced recently that she was taking senior status effective April 15. This means she will still hear cases as a judge but will have a reduced caseload. 

“I have been so fortunate during my entire legal career,” Aycock said in a statement. “As one of only a few women graduating in my law school class, I had the chance to break ground for the female practitioner.” 

A native of Itawamba County, Aycock graduated from Tremont High School and Mississippi State University. She received her law degree from Mississippi College, where she graduated second in her class. 

Throughout her legal career, she blazed many trails for women practicing law and female jurists.  She began her career as a judge when she was elected as a Mississippi Circuit Court judge in northeast Mississippi in 2002, the first woman ever elected to that judicial district. 

She held that position until President George W. Bush in 2007 appointed her to the federal bench. After the U.S. Senate unanimously confirmed her, she became the first woman confirmed to the federal judiciary in Mississippi. 

This makes Aycock the second judge to take senior status in four years. U.S. District Judge Michael Mills announced in 2021 that he was taking senior status, but the U.S. Senate still has not confirmed someone to replace him. 

President Joe Biden appointed state prosecutor Scott Colom to fill Mills’ vacancy in 2023. U.S. Sen. Roger Wicker approved Colom’s appointment, but U.S. Sen. Cindy Hyde-Smith blocked his confirmation through a practice known as “blue slips,” where senators can block the confirmation of judicial appointees in their home state. 

This means President Trump will now have the opportunity to appoint two federal judges to lifetime appointments to the Northern District. U.S. District Judge Debra Brown will soon be the only active federal judge serving in the district. Aycock, Mills, and U.S. District Judge Glen Davidson will all be senior-status judges. 

Federal district judges provide crucial work to the federal courts through presiding over major criminal and civil trials and applying rulings from the U.S. Supreme Court and the U.S. Court of Appeals in the local districts. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

Continue Reading

Trending