Mississippi Today
AG’s office files appeal in public funds to private schools lawsuit
The Mississippi Attorney General’s Office has filed its appeal in a lawsuit about public money being allocated to private schools, echoing their arguments from earlier in the process.
The Legislature gave $10 million to a grant program for private schools at the end of the 2022 legislative session, a move that frustrated some advocates and legislators. The funding comes from the American Rescue Plan Act (ARPA), which gave the Mississippi Legislature $1.8 billion to spend on pandemic response, government services, and infrastructure improvements to water, sewer, and broadband.
The Mississippi chapter of the American Civil Liberties Union (ACLU), Democracy Forward, and the Mississippi Center for Justice brought a lawsuit challenging this allocation on behalf of Parents for Public Schools, a Jackson-based national nonprofit.
The decision, which a Hinds County judge handed down in October 2022, found that the allocation violated section 208 of the Mississippi Constitution, which prohibits giving any public funds to private schools. With this decision, the state was barred from distributing the money. Legislators re-allocated the $10 million in the 2023 legislative session in case the appeal prevails.
Section 208 reads in its entirety:
“No religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.”
The attorney general’s office raised one new point in its appeal, saying Section 208 only applies to state educational funds. As this money came from federal COVID relief, it is not subject to these restrictions.
Will Bardwell, an attorney with Democracy Forward, disputed this point, saying that the money’s origin is not relevant.
“This is money that went into the state treasury and was doled out by state officials under rules promulgated by the state Legislature,” he said. “Of course it’s state money.”
The appeal’s other main points are similar to previous filings, arguing that Parents for Public Schools does not have a legal standing to challenge the constitutionality of this allocation and its members are not negatively impacted.
The decision from Hinds County Chancery Court Judge Crystal Wise Martin referenced the competition between private and public schools, and its subsequent negative impact on public school enrollment and funding, when granting a permanent injunction in the case.
The attorney general’s office disputed this line of thinking but said that even if this situation were to occur, it would be public schools or their students who would experience a negative side effect of private schools receiving this money, not the members of Parents for Public Schools who are predominately parents and teachers.
Bardwell called the notion that parents don’t have a legal interest in their children’s constitutional rights “pretty silly.”
Attorneys for the state also reiterated the argument that because the Legislature appropriated the money to the Department of Finance and Administration to run a grant program for private schools, instead of directly to those private schools, these laws did not violate the state constitution.
The judge’s decision rebuked this idea, saying the state cannot avoid compliance with the constitution by delegating appropriating power to an executive agency.
Bardwell echoed this sentiment when discussing the new filing.
“The constitution says what it says, it is unambiguous,” he said. “It forbids sending any funds, at all, to private schools. You can’t get around that by money laundering.”
Joann Mickens, the executive director of Parents for Public Schools, said legislators and taxpayers know that the purpose of public funds is to support public goods and services.
“In this case, Parents for Public Schools is standing up for almost half a million Mississippi children, their families, their communities, and the greater good,” Mickens said in a statement. “In doing so, we stand up for a stronger, better Mississippi and against perpetuating inequity.”
Bardwell said their filings are due in early June and he expects the Mississippi Supreme Court will want to hold oral arguments in late summer or fall.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1997
Dec. 22, 1997
The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers.
In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.”
He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.”
The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Medicaid expansion tracker approaches $1 billion loss for Mississippi
About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.
The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.
Some who oppose Medicaid expansion say the digital tracker is flawed.
During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.
“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”
White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.
Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.
White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.
Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.
People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.
During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.
White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.
They are correct.
But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.
As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.
Some have speculated that Medicaid expansion also could be on Musk’s chopping block.
That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.
Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?
If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.
The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.
In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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