Mississippi Today
Attorney General Fitch sides with Idaho in abortion lawsuit
Mississippi Attorney General Lynn Fitch filed another brief in support of the argument that states with strict abortion bans should be able to deny emergency medical care to pregnant women if that care involves an abortion.
The filing in the Idaho case is called an amicus curiae brief, which allows interested parties not directly involved in a court case to submit legal documents voicing their opinion.
The case began when the Biden administration sued Idaho for barring abortions when a pregnant woman’s health is at risk.
Fitch added Mississippi to the amicus brief in 2022, immediately after the Dobbs decision overturned the constitutional right to abortion. Nineteen other states now stand with Mississippi, according to the newest court filing.
Fitch’s office declined to comment for this story.
At the heart of the case, explained Mary Ziegler, one of the country’s preeminent experts on abortion law and a professor at UC Davis School of Law, is a discussion of health versus life – which she says is less of a philosophical distinction and more of a political strategy.
“There are plenty of things that go wrong in pregnancy that can really affect your health that aren’t going to necessarily imminently kill you. But if you’re coming from a movement perspective, you see all these health justifications basically as loopholes that people are exploiting,” she said. “So, some states responded to that anxiety like Texas by having a health exception but having it be very, very, very narrow, and other states like Mississippi responded by just not having a health exception at all.”
In fact, national health policy organization KFF does not consider Texas’ health exception – to prevent “substantial impairment of major bodily function” – to be an exception at all. Mississippi is one of six ban states which does not have an exception for the health of the mother.
Arkansas, Idaho, Oklahoma, South Dakota and Texas are the other five, according to KFF. All six have exceptions to protect the life of the mother.
The federal law at odds with these state bans is called EMTALA, or the Emergency Medical Treatment and Active Labor Act, which requires medical providers to stabilize everyone entering the emergency room before discharging or transferring them. The Biden administration argued that treatment should include abortion and should apply to mothers in ban states – if the mother’s pregnancy poses a risk to her health.
These 20 states, including Mississippi, that have joined the “friend of the court” brief have “a profound interest in preserving the federalist structure, their power to regulate for the welfare of their citizens, and state laws adopted by citizens’ elected representatives to protect unborn children from intentional destruction,” according to the brief.
While the argument of the amicus brief relies heavily on the principle of state rights, it also presents several anti-abortion defenses, including that doctors should not be allowed to prioritize the health of women over unborn children.
“That EMTALA imposes obligations on hospitals to pregnant women does not allow hospitals to ignore the health of unborn children,” the brief reads. “Hospitals cannot ‘pick and choose’ between their dual obligations. They must stabilize both women and unborn children.”
But allowing states to treat life and health differently, Ziegler said, doesn’t create a distinction as much as it causes confusion.
“If you’re going to lose an organ or be permanently disabled – does that fall under life exception or not? And some states say ‘well, yeah, our life exception doesn’t require you to be imminently dying, it just requires that there be a threat to your life, and certain organ damage could qualify.’ But it’s also sort of unclear.”
After Mississippi’s abortion ban took hold in July 2022, the state’s number of abortions plummeted to nearly zero – despite the fact that Mississippi’s ban has two exceptions: to protect the life of the mother, and cases where the pregnancy was caused by rape and reported to law enforcement.
Cases like Ashley, the 13-year-old Delta girl TIME magazine wrote about who was raped and forced to carry her baby to term, show that the exceptions can be theoretical.
Only four abortions were performed in Mississippi in 2023, according to data from the Mississippi State Department of Health.
If the Supreme Court votes in favor of the states, Ziegler says it probably wouldn’t change much for a state like Mississippi. If, however, the Supreme Court votes in favor of the Biden administration, it could change the landscape – not of abortion generally, but in those instances where a woman goes to the emergency room for pregnancy complications and doctors are deciding if they can legally treat her.
“If the Supreme Court ultimately said that EMTALA does cover a universe of physical emergencies that are not imminently life-threatening, and here are some of those examples, it would be very hard for Mississippi prosecutors to go after anyone who performed procedures in those circumstances,” Ziegler said.
A similar case is playing out in Texas.
The Idaho case is currently awaiting an oral arguments hearing in December, after which the 9th U.S. Circuit Court of Appeals will issue an opinion. If appealed, it will return to the Supreme Court.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Legislative recap: 2025 tax cut battle has been joined
After relatively brief debate and questioning given its magnitude, the state House passed the first meaningful legislation of the new session: House Bill 1, a measure that would eliminate the state income tax, trim taxes on non-prepared food and raise sales and gasoline taxes.
It would mark a sea change in state tax structure, a shift from income to consumption taxation.
“We are at a place where we can finally tell the hard-working people of Mississippi we can eliminate the tax on work,” House Ways and Means Chairman Trey Lamar, HB1’s author, told his colleagues.
The measure passed the House 88-24. It gained some Democratic support in the supermajority Republican House, with nine Democrats voting in favor, 24 against and 12 voting present.
The proposal garnered some bipartisan support because it includes at least a couple of items Democratic lawmakers have championed in the past: A gasoline tax to help fix crumbling roadways, and a reduction in the “grocery” tax, or the sales tax levied on unprepared food, of which Mississippi has the highest overall rate in the nation.
It still met with some Democratic opposition in part because it is a sea change toward more “regressive” taxation. Proponents say this is just, people should pay more for state services they use, such as roadways, and for things they buy as opposed to taxing income. Opponents say this places a proportionately higher tax burden on people of modest means.
“I would say the people hurt the most with this would be working people who have to put gas in their car to go to work or those who have to purchase materials to do a job,” House Democratic Leader Robert Johnson said.
Beyond that concern, opponents or skeptics worry that the foundation of the proposed tax overhaul would be built on shifting sands — a state economy that has been so rosy primarily from the federal government dumping billions of dollars in pandemic spending into Mississippi. With the federal spigot being cut off, some worry, the state economy could slump, and the massive tax cuts in this new plan could provide a state budget crisis, of which Mississippi has much experience, and underfunding of crucial services such as schools, roads, health care and law enforcement.
The largest hurdle Republican House leaders face in seeing their tax plan through to law is not in garnering bipartisan support. It’s internecine disagreement with the Senate Republican leadership, which still appears to harbor abovementioned concerns about overhauling tax structure in uncertain economic times and betting on growth to cover massive tax cuts.
Senate leaders have said they want to enact more tax cuts, but their plan has not yet been released. Lt. Gov. Delbert Hosemann has provided some details of what he wants to see, but it would appear he wants a more cautious approach on cuts. He has not publicly opined on the tax increases in the House plan.
Quote of the Week
“Have you ever worn a belt and suspenders, lady? It’s a belt and suspenders approach.” — Rep. Trey Lamar, R-Senatobia, to Rep. Omeria Scott, D-Laurel, during floor debate on Lamar’s bill to eliminate the state income tax and raise other taxes.
“No. I have not worn a belt and suspenders. I don’t know anyone who has worn a belt and suspenders,” Scott replied.
In Brief
House will renew push to legalize mobile sports betting
House Gaming Committee Chairman Casey Eure, R-Saucier, told Mississippi Today he plans on taking another crack at legalizing mobile sports betting in the state. In 2024, the House and Senate passed versions of legislation to permit online sports betting, but never agreed on a final proposal. Some lawmakers raised concerns that gambling platforms would have no incentive to partner with smaller casinos, and most of the money would instead flow to the Mississippi Gulf Coast’s already bustling casinos. Proponents say legalization would undercut the influence of illicit offshore sports betting platforms.
“I’ve been working on this bill for many years and I’m just trying to satisfy any concerns that the Senate may have so we can pass this and start collecting the tax dollars that the state deserves and not allowing everyone to place bets with these offshore accounts,” Eure said. “I feel like the state is losing between $40-$80 million a year in tax revenue.”
Sports wagering has been permitted in the state for years, but online betting has remained illegal amid fears the move could harm the bottom line of the state’s brick-and-mortar casinos. Mobile sports betting is legal in 30 states and Washington, D.C., according to the American Gaming Association. — Michael Goldberg
Hosemann makes Senate committee chair changes
Republican Lt. Gov. Delbert Hosemann last week named new chairmen of committees, after former state Sen. Jenifer Branning was sworn into office as a new justice on the Mississippi Supreme Court.
Sen. Chuck Younger, a Republican from Columbus, previously led the Senate Agriculture Committee and will replace Branning as chairman of the Transportation Committee. Sen. Neil Whaley, a Republican from Potts Camp, previously led the Senate Wildlife, Fisheries and Parks Committee, but will now lead the Senate Agriculture Committee.
Here are the other changes to Senate committees:
Sen. Ben Suber, a Republican from Bruce, will be the new chairman of the Senate Wildlife, Fisheries and Parks Committee
Sen. Bart Williams, a Republican from Starkville, is the new chairman of the Senate Public Property Committee
Sen. Scott DeLano, a Republican from Gulfport, will lead the Senate Technology Committee
Sen. Robin Robinson, a Republican from Laurel, will chair the Senate Labor Committee
Sen. Angela Turner Ford, a Democrat from West Point, will lead the Senate Drug Policy Committee. — Taylor Vance
What’s in a name? Democratic Rep. Scott hopes GOP majority will pass ‘Donald J. Trump Act’ bills
Perhaps tired of seeing many measures she authors ignored or shot down in flames by the Republican supermajority in the Mississippi Legislature, Democratic Rep. Omeria Scott of Laurel is trying a new strategy: naming bills after Republican President-elect Trump.
For this session, Scott has authored: House Bill 61, the “Donald J. Trump Voting Rights Restoration Act;” House Bill 62, the “Donald J. Trump Ban-The-Box Act … to prohibit public employers from using criminal history as a bar to employment;” and House Bill 249, the “Donald J. Trump Early Voting Act.” — Geoff Pender
More bills filed to criminalize abortion
Since the 2022 Dobbs Supreme Court decision overturned the constitutional right to an abortion, Mississippi lawmakers have proposed bills to criminalize workarounds to the state’s strict abortion ban – including criminalizing the abortion pill and out-of-state abortions. The 2025 legislative session is no exception.
Rep. William Tracy Arnold, R-Booneville, filed House Bill 616 that would make it a felony to manufacture or make accessible medication abortion. Anyone convicted of the crime would be subject to a fine between $1,000 and $5,000, as well as imprisonment between two and five years. Last year, about 250 Mississippians each month requested medication abortion from Aid Access, the only online telemedicine service supplying medication abortion via mail in the U.S.
Helping a minor receive an abortion would also be criminalized under House Bill 148 filed by Rep. Mark Tullos, R-Raleigh. That would include transporting a minor out of state to undergo an abortion, as well as helping a minor procure a medication abortion – both of which would be punishable by not less than 20 years in prison or a fine of not less than $50,000. — Sophia Paffenroth
By the Numbers
$1.1 billion
The estimated net annual cost of the House plan to eliminate the state income tax and raise sales taxes, once fully phased in. Proponents say economic growth would allow the state budget, currently about $7 billion a year, to absorb the cut. Eliminating the income tax would cost the state $2.2 billion in revenue, but the House plan would raise about $1.1 billion in other taxes in offset.
0
The amount of income tax Mississippians would pay after a 10-year phased in elimination of the state income tax. With previous cuts being phased in, state income taxes next year will already be reduced to 4%, among the lowest rates in the nation.
8.5 %
The new Mississippi sales tax, up from current 7%, under the House tax plan assuming most local governments would not opt out of adding a new 1.5% local sales tax.
13 cents more a gallon
The cost of the House’s proposed new 5% gasoline tax, based on last week’s average cost of gasoline in Mississippi of $2.62. The new 5% tax would be on top of the flat 18.4 cents a gallon current state excise on gasoline.
4%
The tax on unprepared food once a reduction of the current 7% would be phased in over a decade under the House plan. The state would over time reduce its sales tax on such groceries to 2.5%, but local governments would add a 1.5% sales tax to such items unless they opt out.
Full Legislative Coverage
Lawmakers must pass new legislation to improve access to prenatal care
Lawmakers will file another bill this session to help low-income pregnant women get into the doctor earlier – after the federal government rejected the program set up under last year’s law, because of discrepancies between what was written into state law and federal regulations for presumptive Medicaid eligibility. Read the story.
Proposal: eliminate income tax, add 5% tax on gas, allow cities, counties to levy local sales tax
House leaders last week unveiled a sweeping tax cut proposal that would eventually abolish the state income tax, slash taxes on groceries, increase local sales taxes and shore up funds for state and local road work. Read the story.
A new Mississippi law aims to limit jailing people awaiting mental health treatment. Is it working?
Officials say a new law to decrease the number of people being jailed solely because they need mental health treatment has led to fewer people with serious mental illness detained in jails – but the data is contradictory and incomplete. Lawmakers plan legislation to make more counties report the data. Read the story.
How soon we forget: Mississippi House push for record tax cuts revives fear of repeat budget crises
Eight years ago, from a combination of dozens of tax cuts the Legislature approved and a slumping economy, the state saw a budget crisis that resulted in severely underfunded schools, government layoffs, a near halt to building new roads and highways and problems maintaining the ones we have, too few state troopers on the highways and cuts to most major state services. Read the story.
NAACP legislative redistricting proposal pits two pairs of senators against each other
The Mississippi chapter of the ACLU has submitted a proposal to the courts to redraw the state’s legislative districts that creates two new majority-Black Senate districts and pits two pairs of incumbent senators against one another. Read the story.
Legislation to send more public money to private schools appears stalled as lawmakers consider other changes
Some top lawmakers in Mississippi’s Republican-controlled Legislature are prepared to make it easier for students to transfer between public schools but remain skeptical of sending more public money to private schools. Read the story.
House passes $1.1 billion income tax elimination-gas and sales tax increase plan in bipartisan vote
A bill that phases out the state income tax, cuts the state grocery tax and raises sales taxes and gasoline taxes passed the House of Representatives with a bipartisan vote on Thursday. Read the story.
Tate Reeves and other top Mississippi Republicans owe thanks to President Joe Biden
The tremendous cash surpluses that some state Republicans cite when defending their plan to eliminate the state’s income tax would not exist if not for the billions of dollars in federal funds that have been pumped into the state during Biden’s presidential tenure. Read the story.
Podcast: Mississippi transportation director discusses proposed new gasoline tax
Mississippi Department of Transportation Director Brad White tells Mississippi Today’s Geoff Pender and Taylor Vance he’s staying “in his lane” and out of the politics of a House tax overhaul that would eliminate the income tax and raise sales and gasoline taxes, but that he’s pleased lawmakers are trying to address the long running need for a steady new stream of money to help cover highway maintenance needs. Listen to the podcast.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Longtime Mississippi radio talk show host Paul Gallo dies at 77
Longtime Mississippi radio talk show host Paul Gallo died on Sunday, according to SuperTalk radio. He was 77.
“For over five decades, Paul didn’t just talk about Mississippi — he helped shape its story,” a SuperTalk statement said. “… Paul dedicated his life to his listeners, his state, and the pursuit of the truth.”
Gallo was the longtime host of the popular “The Gallo Radio Show” mornings on the statewide SuperTalk network. He began his radio career in 1968, the network said, and, “From DJ to program director, from sales and management to ownership, Paul mastered every facet of the industry.”
Gallo is survived by his wife of 55 years, Patsy; children Jennifer Campbell (Jason) and Mark Galtelli (Susan); six grandchildren, and three great-grandchildren.
Funeral arrangements are pending.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1900
Jan. 20, 1900
Black Congressman George H. White, a Republican from North Carolina, introduced a bill to make lynching of Americans a federal offense, only to see the bill die in committee.
More attempts followed. More than 4,700 lynchings of Americans took place between 1882 and 1951, two-thirds of them Black Americans.
In 1916, the NAACP began pushing for anti-lynching legislation. NAACP President Moorfield Storey urged those in Congress to not tell Black Americans “that their case is hopeless, that this great country cannot protect them from absolute wanton murder with the connivance and with the assistance of the officers appointed by law to defend them, and with absolute indifference on the part of the United States.”
Two years later, Congressman Leonidas Dyer, a white Republican from Missouri, who was upset at the violence in St. Louis and continued lynchings across the South, introduced such a bill. Unlike White’s proposal, Dyer’s passed the House and sailed to the Senate floor for a vote — only to be halted by a filibuster carried out by Southern Democrats, who hinted that such lynchings were necessary.
Between 1882 and 1968, nearly 200 anti-lynching bills were introduced, and seven U.S. presidents asked for such a law to be adopted, but no bill passed. After the racial violence in Charlottesville, Virginia, in 2017, Black senators pushed again for anti-lynching legislation, which was finally adopted in 2022, promising to punish those who would carry out such hate crimes with up to 30 years in prison. President Biden signed the Emmett Till Antilynching Act into law.
“Lynching was pure terror to enforce the lie that not everyone belongs in America, not everyone is created equal,” he said. “Racial hate isn’t an old problem — it’s a persistent problem. Hate never goes away. It only hides.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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