Mississippi Today
AG Lynn Fitch wants to make info on out-of-state abortions available to Mississippi authorities
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Attorney General Lynn Fitch wants to ensure Mississippi authorities are allowed to investigate and gather information on abortions performed out of state on Mississippi women.
Fitch, Mississippi’s first-term Republican attorney general, and 18 other state attorneys general have filed comments in opposition to a proposed change to federal regulations, known as HIPAA, that protects the privacy of people’s health care.
Under the rule change proposed by the Department of Health and Human Services, state agencies would not be able to glean information on an abortion performed in a state where abortion is legal. For instance, if a woman from Mississippi, where abortion is illegal in most instances, traveled to a state where abortions are allowed to receive the procedure, a Mississippi law enforcement agency would not be able to gather information on the procedure under the proposed rule.
Fitch and the other attorneys general, though, argue their states should be able to track that personal health care information. The comments from the attorneys general were submitted on Fitch’s letterhead to U.S. Health and Human Services Secretary Xavier Becerra on June 16.
The federal Health Insurance Portability and Accountancy Act ensures that patient information remains private. But in the AGs’ comments in opposition to the rules change, they said there always has been an exception for law enforcement and regulatory agencies to investigate possible violations of state law or when such an investigation was to protect the public health.
“The proposed rule defies the governing statute, would unlawfully interfere with states’ authority to enforce their laws, and does not serve any legitimate need,” Fitch and the other AGs wrote. “Relying as it does on a false view of state regulation of abortion, the proposed rule is a solution in search of a problem.”
The proposed rules change comes about a year after the U.S. Supreme Court, in a Mississippi case brought by Fitch and her office, overturned the long-standing Roe v. Wade decision that guaranteed a national right to abortion. As a result of the 2022 Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, some states like Mississippi have banned abortions in most instances, while abortion remains legal in other states.
READ MORE: Mississippi Today’s full coverage of Dobbs’ effect on reproductive rights
Fitch’s office referred to her written response when asked why she opposes the rule change, since under Mississippi law a woman would not be punished for having an abortion. Mississippi law punishes health care providers for performing abortions. But Mississippi law could not punish a doctor for providing an abortion in a state where the procedure is legal.
The AGs said in their comments the issue of punishing women who receive abortions is “fearmongering” since states are not holding the women who receive abortion liable. Idaho, whose attorney general joined Fitch in opposing the proposed rules change, has passed a law that, according to reports, could criminalize a person who helps “facilitate” an abortion.
The AGs cited as an example an instance where they believed the proposed rules change would interfere with a legitimate investigation.
“Suppose that state officials had reason to believe that an abortion provider deliberately performed an abortion in violation of state law, resulting in serious injury to the woman, and that the provider then falsified medical records and referred the woman to an out-of-state provider to cover it up,” the AGs argued. “State officials would clearly have a basis to investigate that provider for a potential violation of state law.”
The attorneys general reasoned a state might need to gather information from the out of state health care provider in building its case against the doctor who performed the botched, illegal abortion.
“The proposed rule rests on the misguided assumption that it will be readily apparent or ascertainable whether particular ‘reproductive health care’ services are lawfully provided,” the AGs wrote. “But the purpose of investigation is to determine whether lawbreaking has occurred.”
READ MORE: ‘This is what happened’: Four Mississippians discuss their experiences with abortion
But the proposed rule does seem to provide exceptions to the privacy protections in unusual circumstances. It takes into account that there could be instances where out of state providers would release information to a state like Mississippi through a court order.
When the proposed rules change was announced, HHS Secretary Becerra said, “We believe that this rule will assure that doctors, other health care providers and health plans will not be disclosing individuals’ protected health information, including information related to reproductive health care under certain circumstances.”
Various groups have said that the rule could also impact issues related to gender affirming care. Many states, including Mississippi, have banned the use of gender affirming treatment for minors such as puberty blockers and hormone therapy. The rule, the attorneys general said, could impact those laws if a family from Mississippi, for instance, traveled to another state to obtain such treatment.
“The (Biden) administration may intend to use the proposed rule to obstruct state laws concerning experimental gender transition procedures for minors,” the AGs said.
According to the Kaiser Family Foundation, “most major medical associations” have endorsed a certain level of gender affirming treatment for minors based on the patient’s medical condition.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Mayersville mayor eyes big steps for her small town
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Editor’s note: Linda Williams-Short, the mayor of Mayersville, leads one of Mississippi’s smallest towns. This piece is part of an ongoing Mississippi Today Ideas series showcasing perspectives of mayors across the state.
When you think about the Mississippi Delta, you might not always think about Mayersville.
But this small but mighty town I’m proud to lead is as important as any in the Delta, and we are making great strides. We like to think of Mayersville as being a small town with big dreams. We live by that motto.
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Perhaps these strides we have made would be considered baby steps in larger cities, but in Mayersville, population 433, according to the 2020 Census, these steps can be considered monumental to our town’s survival.
We strive to follow the lead of former Mayersville Mayor Unita Blackwell, who was the first Black woman mayor of a Mississippi town. She was a leader for all of us in Mayersville, and she inspired me to enter politics.
And today we still follow her lead in working to improve housing in Mayersville and the overall economic condition of all our residents.
We have faced the adversities of other small Delta towns. Through the decades we also have faced natural disasters, including barely missing a direct hit from the awful 2023 tornado that reaped destruction on many of our south Mississippi Delta neighbors.
The natural disasters Mayersville have faced go way back including the historic and devastating 1927 flood that resulted in the levy that separates our town from the direct access to the Mississippi River that was key to our economy decades ago.
Despite the obstacles, town leaders and I are committed to improving the health and well-being of our constituents. As part of this effort, the town of Mayersville became the second smoke-free community in the state of Mississippi.
Since being elected mayor in 2001, we have worked, following in the tradition of Unita Blackwell, to build seven new homes within Mayersville. That might not seem like a big deal, but in a town of our size and with the housing issues we face, we are proud of this accomplishment.
We have strived to repair the town’s failing infrastructure and to bring healthy food options to the community through a partnership with the Mississippi Food Network. We also are working with the Delta Health Center to provide a clinic to assist residents who have limited transportation options.
And like other small Delta towns, tourism is critical. To that end, I helped found the Mayersville Annual Homecoming Festival. This festival brings former and current residents together annually from all over the United States.
These efforts are important to me because Mayersville, which is the county seat for Issaquena County, is important to me. I am a lifelong resident.
I am the youngest daughter of the late Saul & Edie B. Williams. For 29 years I have been married to Larry D. Short. He is my lifelong partner and love of my life. I am the mother of James Jr., Jeremy, JaSona, Kiara, Katerri and the late Jercelle and proud grandmother of 13 grandchildren. I have been a member of one of our great and impactful churches — Rose Hill M.B. Church — for 49 years, and I currently serve as the senior choir director. In addition to being mayor, I am a small business owner operating as Tony’s Grocery and Celle’s Estate Housing complex.
I am passionate, dedicated, driven in terms of my job as mayor of Mayersville.
But my story is not unique. In Mayersville, we all pitch in for the betterment of our town and its residents.
In Mayersville, we live by the motto, “Always service over self.” I am proud to take that motto to heart every single day.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
City of Clarksdale asks judge to dismiss restraining order against newspaper over editorial
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The city of Clarksdale on Monday filed a motion to voluntarily dismiss its lawsuit against the Clarksdale Press Register and a judge’s order that required the newspaper to remove an editorial from its website, a court action that stunned free press advocates.
The motion asks the court to dismiss the lawsuit with prejudice, which means the city cannot refile the same lawsuit against the city in the future. Hinds County Chancellor Crystal Wise Martin would have to agree to the motion.
The city leaders and the newspaper are scheduled to appear in court on Thursday morning. But if the judge agrees to the dismissal motion before then, the court will likely cancel the hearing.
“They shouldn’t have filed the lawsuit in the first place,” said Wyatt Emmerich, the newspaper’s owner. “But I’m glad they’re dismissing it.”
Clarksdale Mayor Chuck Espy and the Board of Commissioners filed the petition last week in Hinds County Chancery Court, alleging that an editorial the local newspaper published criticizing them was “libelous” and saying the editorial would bring “immediate and irreparable injury” to the city.
The editorial criticized the city for conducting a special-called meeting without informing the news outlet beforehand. The purpose of the meeting was to ask the Legislature for permission to enact an additional local tax.
“Have commissioners or the mayor gotten kickback from the community?” the editorial reads. “Until Tuesday, we had not heard of any. Maybe they just wanted a few nights in Jackson to lobby for this idea — at public expense.”
READ MORE: Editorial: Someone needs to read the First Amendment to Judge Crystal Wise Martin
The state’s Open Meetings Act requires public bodies to email a notice of the meeting to media outlets and citizens who have asked to be placed on the city’s email distribution list.
The Clarksdale city clerk, Laketha Covington, filed an affidavit with the city’s petition stating that she forgot to send an email notice about the special meeting to the outlet. Still, she said it was a simple mistake and not intentional.
Angered, the city leaders filed the petition over the editorial in Jackson, around 155 miles from Clarksdale, where the judge issued the temporary restraining order that ordered the newspaper to remove the website from its website.
A temporary restraining order is typically issued by a judge instructing someone to stop a specific action. It is issued when the judge believes immediate and irreparable loss or damage will occur before the court can conduct a full hearing.
But Charlie Mitchell, a lawyer and former newspaper editor who has taught media law at the University of Mississippi for years, doubted if the editorial met the irreparable loss burden and said the judge’s order went a step further than a typical restraining order and ordered a “remedy” by demanding the news outlet to take corrective action.
“The opinion expressed in the editorial — government secrecy breeds mistrust — has been voiced countless times throughout American history and is the very root of the First Amendment,” Mitchell said.
The Mississippi Press Association and other press advocates were alarmed by the ruling, calling it “unconstitutional” and worried that it would set a dangerous precedent for nearly a century of case law that clearly outlawed prior restraint orders.
National news outlets, including the Associated Press and the New York Times, quickly picked up on the story, and legal advocates supported the Clarksdale Press Register. Now, six days after the judge entered her order, the city is dismissing its petition.
Emmerich believes other government bodies would be hesitant to pursue similar actions against local news outlets in the future because of the swift response from free press advocates nationwide.
“I’m really inspired by all the support throughout the country and that First Amendment advocates quickly responded to this,” Emmerich said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1870
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Feb. 25, 1870
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Two days after Mississippi was readmitted to the Union, Hiram Revels became the first Black American elected as a U.S. senator.
“All men are created equal, says the great Declaration,” Republican Sen. Charles Sumner of Massachusetts said, “and now a great act attests this verity. Today we make the Declaration a reality…. The Declaration was only half established by Independence. The greatest duty remained behind. In assuring the equal rights of all we complete the work.”
Born free in North Carolina, Revels became a national force in an office once held by Jefferson Davis, the former president of the Confederacy.
A minister by trade, Revels sought to improve the education of others, working with Black Americans in Indiana, Illinois, Kansas, Kentucky and Tennessee.
In 1854, he was imprisoned for preaching to the Black community. After that, he moved to Baltimore, where he served as principal of a Black school. When the Civil War broke out in 1861, he helped recruit two Black regiments from Maryland and later served as chaplain for Black soldiers fighting in Mississippi.
After the war ended, he worked for a church in Kansas. On the train, the conductor asked him and his family to move to the smoking car. They refused, and the conductor relented. Not long after, he and his family settled in Natchez, Mississippi, where he was elected as an alderman. Winning over both Black and white with his calls for cooperation, he was elected to the Mississippi State Senate, one of more than 30 African Americans to serve in the Legislature during Reconstruction.
“We are in the midst of an exciting canvass,” he wrote a friend in a letter. “We are determined that Mississippi shall be settled on a basis of justice and political and legal equality.”
He drew attention as soon as he arrived with his moving words. After Mississippi lawmakers appointed him to the U.S. Senate, a few tried to block him from taking office. Revels remained steadfast and took office.
“I find that the prejudice in this country to color is very great, and I sometimes fear that it is on the increase,” he went on to say. “If the nation should take a step for the encouragement of this prejudice against the colored race, can they have any grounds upon which to predicate a hope that heaven will smile upon them and prosper them?”
He supported universal amnesty for former Confederates, requiring only their sworn loyalty to the Union.
“I am in favor of removing the disabilities of those upon whom they are imposed in the South,” he said, “just as fast as they give evidence of having become loyal and being loyal.”
After the end of his Senate term in 1871, he became the first president of Alcorn University, the first land-grant school for Black students. He later taught theology at Rust College and died of a stroke in 1901.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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