Mississippi Today
Do voters know enough to elect Mississippi judges?
Here’s a quick pop quiz:
Who are the justices on the state Supreme Court running for reelection this year?
What judicial elections will be on the Mississippi ballot this November?
Who are the judges who hear cases where you live?
And, what are the differences between chancery and circuit judges?
Granted, that last one is a tough one.
Odds are many people cannot answer those questions and others involving the Mississippi judiciary. And that might be considered disappointing since most judges in Mississippi, including the nine justices on the state Supreme Court, the 10 Court of Appeal judges and the 57 circuit and 52 chancery court judges are elected.
There are a few instances in Mississippi where judges are appointed, but in general the state Constitution mandates that judges be elected instead of appointed.
In the 1990s there were serious discussions in the Legislature about whether Mississippi judges should be elected or appointed. Some states elect judges while others have judges appointed by the governor or some type of judicial commission. Some states have a combination of both elected and appointed judges. Other states require appointed judges to stand for a retention election. In some states, judges are appointed for a specified number of years.
On the federal level, President Joe Biden recently has proposed changing the tenure for the United States Supreme Court justices from a lifetime appointment to an appointment for 18 years.
No doubt, judges play a vital role in a representative democracy.
The Legislature chose in the 1990s to leave in place Mississippi’s system of electing nearly all judges, though the end result of those discussions was a subtle but important change in the method of selecting judges.
The change was that when an appellate judge steps down the governor can name a replacement to serve the remainder of his term if the term is more than halfway complete. And even when a special election is required, the appointed judge gets to serve for at least nine months before the election.
Previously, at least in many cases, a special election was held much sooner to replace the retiring judge.
The ability to serve out the remainder of a term, especially if it is an eight year term that Supreme Court justices and Court of Appeal judges serve, gives a gubernatorial appointee a tremendous advantage – the ability to run essentially as an incumbent.
And it should be noted that there is a long tradition in the state of judges, especially Supreme Court justices, leaving office before their terms expire.
The issue of Mississippi’s system of selecting justices came to the forefront this past week as four of the five candidates vying for a Central District Supreme Court race spoke and campaigned at the Neshoba County Fair.
Justice James Kitchens is seeking reelection in the Central District. In a sense, Kitchens is an anomaly. In most instances, justices on the Supreme Court are first appointed by the governor as mentioned earlier to replace a retiring incumbent and then elected to a full eight year term, or the justice made it to the state’s highest court by winning an open seat.
Kitchens is the rare justice who earned his seat on the state Supreme Court by defeating an incumbent – then-Chief Justice James Smith in 2008.
The other candidates in the Central District race this year are Republican state Sen. Jennifer Branning, Jackson attorneys Abby Gale Robinson and Byron Carter and former Court of Appeals Judge Ceola James.
In the Southern District incumbent Supreme Court Justice Dawn Beam is being challenged by Coast attorney David Sullivan, son of a former Supreme Court justice.
Also in south Mississippi, Assistant District Attorney Ian Baker, Chancery Court Judge Jennifer Schloegel and municipal Judge Amy St. Pe are vying for a Court of Appeals post.
Supreme Court Justices Robert Chamberlin and James Maxwell, both of the Northern District, are running unopposed.
The judicial contests might be Mississippi’s most competitive elections this year. The federal elections on the state ballot – for president and for U.S. senator and representatives — are not expected to be competitive in Mississippi.
But some of the judicial elections, which many Mississippians know little about, could be real donnybrooks.
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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