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Doctors group asks state Supreme Court to clarify that abortions are illegal in Mississippi

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mississippitoday.org – Bobby Harrison – 2024-11-18 14:27:00

A group of anti-abortion doctors is asking the state Supreme Court to reverse its earlier ruling stating that the right to an abortion is guaranteed by the Mississippi Constitution.

The original 1998 Supreme Court ruling that provides the right to an abortion for Mississippians conflicts with state law that bans most abortions in Mississippi.

The appeal to the Supreme Court comes after an earlier ruling by Hinds County Chancellor Crystal Wise Martin, who found the group of conservative physicians did not have standing to bring the lawsuit.

Mississippi members of the American Association of Pro-Life Obstetricians and Gynecologists argued that they could be punished for not helping a patient find access to an abortion since the earlier state Supreme Court ruling said Mississippians had a right to abortion under the state Constitution. But the Hinds County chancellor said they did not have standing because they could not prove any harm to them because of their anti abortion stance.

Attorney Aaron Rice, representing the doctors, said after the October ruling by Wise Martin that he intended to ask the state Supreme Court to rule on the case.

It was a Mississippi case that led to the controversial U.S. Supreme Court decision in 2022 to overturn Roe v. Wade, which had guaranteed since the early 1970s a national right to an abortion.

Mississippi had laws in place to ban most abortions once Roe v. Wade was overturned, But there also was the 1998 state Supreme Court ruling that provided the right to an abortion.

Despite that ruling, there are currently no abortion clinics in Mississippi. But in the lawsuit, the conservative physicians group pointed out the ambiguity of the issue since in normal legal proceedings a Supreme Court ruling on the constitutionality of an issue would trump state law.

But in her ruling, Wise Martin pointed out that the state Supreme Court in multiple recent high-profile rulings has limited standing or who has the ability to file a lawsuit. Wise Martin said testimony on the issue revealed that physicians had not been punished in Mississippi for refusing to perform abortions.

Both the state and a pro abortion rights group argued that the physicians did not have standing to pursue the lawsuit. The state also contends that existing law makes it clear that most abortions are banned in Mississippi.

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

Mississippi Today

House passes pharmacy benefit manager transparency bill

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mississippitoday.org – Gwen Dilworth – 2025-01-23 18:35:00

A bill that aims to increase pharmacy benefit managers’ transparency by requiring them to report data to the agency that oversees pharmacy practice in Mississippi passed in the House of Representatives Thursday. 

But the Board of Pharmacy and some pharmacists say the legislation doesn’t do enough to help pharmacies and patients. 

House Speaker Jason White, who authored the bill, called it “a good first step.” It will give the Board of Pharmacy – and the public – insight into the companies’ business practices to ensure they are compliant with the law, he told Mississippi Today.

The bill, which passed 88-8, does the following:

  • Prohibits pharmacy benefit managers from charging insurers more for drugs than pharmacists are paid, a practice that can be used by the companies to inflate their profits. 
  • Requires pharmacy benefit managers to submit reports detailing the rebates, or cost savings, they receive from pharmaceutical companies and to disclose their affiliations with pharmacies to the Board of Pharmacy. 
  • Requires drug manufacturers and health insurers to submit reports detailing wholesale drug costs and information about drug costs and spending, respectively, to the Board of Pharmacy.
  • Tasks the Board of Pharmacy with developing a website summarizing the reports.
  • Allows the Board of Pharmacy to issue subpoenas during audits of pharmacy benefit managers and forces the company to pay for the audit if it is found to be noncompliant with state statute. 

It will next go to the Senate for consideration. 

But some advocates say the bill does not do enough to protect independent pharmacists, or retail pharmacies not owned by a publicly traded company or affiliated with a large chain, and the customers they serve. 

Many Mississippi independent pharmacists fear they may be forced to close as a result of low payments from pharmacy benefit managers, which small businesses do not have the leverage to negotiate. 

“Collecting the data is one thing. Doing something with it is another,” said Robert Dozier, the executive director of the Mississippi Independent Pharmacy Association. “When you look at the legislation, it does nothing to help the pharmacists, and it’s not tightening the loopholes that the Board of Pharmacy needs. It’s not going to do a whole lot.” 

In a statement read by Rep. Stacey Hobgood-Wilkes, a Republican from Picayune and chair of the Drug Policy committee, on the House Floor, the Mississippi Board of Pharmacy requested that the legislation be amended to heighten the regulatory enforcement authority it holds over pharmacy benefit managers, though it did not name specific tools that would be helpful.

The Board of Pharmacy did not respond to a request for comment by the time the story published. 

Dozier said he supports a bill brought by Hobgood-Wilkes which institutes a standardized pricing model for prescription drugs based on national average drug costs. 

Several states, including Kentucky, have passed laws that use the pricing model to regulate drug costs. 

But White said the House is not yet ready to approve a specific pricing model, and that he would not vote for Hobgood-Wilkes’ bill if it made it to the House floor.  

In the past, legislation to regulate pharmacy benefit managers in Mississippi has struggled to gain support. A 2023 bill proposed by Hobgood-Wilkes using the same standardized pricing model died in the House Insurance Committee, chaired by Rep. Jerry Turner, R-Baldwyn. 

A 2024 bill that would have increased pricing transparency and prohibited pharmacy benefit managers from retaliating against pharmacies or charging insurance plans or patients more than the amount they paid pharmacies for a prescription died in the House.

White said he would support appropriations for additional staff to allow the Board of Pharmacy to carry out new responsibilities included in the bill. 

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

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Mississippi doesn’t have to provide protective gear to working inmates. Bill aims to change that

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mississippitoday.org – Michael Goldberg – 2025-01-23 11:20:00

Mississippi lawmakers will consider requiring state prisons to provide inmates on work assignments with protective gear.

The legislation follows an ongoing federal lawsuit alleging inmates at a Mississippi prison were exposed to dangerous chemicals, with some later contracting late-stage cancer.

Susan Balfour, 63, was incarcerated for 33 years at Central Mississippi Correctional Facility until her release in December 2021. Balfour said she was among a group of prisoners asked to clean the facility without protective equipment.

She was later diagnosed with terminal breast cancer, a condition that prison health care providers failed to identify years ago because they could save money by not performing necessary medical screenings and treatment, according to the lawsuit Balfour filed in the U.S. Southern District of Mississippi.

Rep. Justis Gibbs, D-Jackson, says his proposal, inspired in part by Balfour’s story, addresses the first of a two-pronged issue that leaves Mississippi’s prison inmates vulnerable to dangerous conditions.

“On the front end, it is about protecting our inmates from exposure to raw chemicals and mixing raw chemicals without any protective equipment,” Gibbs said. “The other prong is of course the lack of medical care in terms of the corrections system and its inmates.”

Gibbs’ bill, which has been referred to the House Corrections Committee, would ensure that if an inmate uses raw cleaning chemicals, prison officials must provide them with protective equipment such as face masks, gloves, protective helmets and eye protection. Balfour’s attorneys and Gibbs say over 10 other Mississippi inmates have come down with cancer or become seriously ill after they were exposed to chemicals while on work assignments.

“I’m grateful that state lawmakers have acknowledged this injustice,” Balfour said in a written statement. “Forcing women to work with raw chemicals and cleaning supplies without protective equipment is hazardous and deeply problematic. If successful, this effort will help prevent others from enduring what many have suffered at the hands of the Mississippi Department of Corrections.”

Pauline Rogers, co-founder of the RECH Foundation, an organization that assists women returning from prison, said Gibbs’ bill provides a long overdue safeguard for inmates, who are often encouraged to work while incarcerated in areas such as food service, maintenance and groundkeeping.

“The issue has arisen in Mississippi’s prisons, in part, due to longstanding neglect, underfunding, and systemic dehumanization within the correctional system. Incarcerated individuals are often viewed as expendable rather than as individuals with rights,” Rogers said. “This disregard leads to unsafe working environments, where profit and efficiency are prioritized over basic safety measures.”

The Mississippi Department of Corrections did not respond to a request for comment.

Balfour says she used products that contained chemicals such as glyphosate, which has been linked to an increased risk of cancer in some studies. Balfour’s attorneys have said they have not proven with certainty that exposure to the cleaning chemicals caused Balfour’s cancer. But the lawsuit focuses on what they say were substantial delays and denial of medical treatment that could have detected her cancer earlier.

Incentives in contracts with the state Department of Corrections encouraged cost-cutting by reducing outpatient referrals to health care providers and interfering with physicians’ independent clinical judgments, the lawsuit alleges.

Balfour was initially convicted of murdering a police officer and sentenced to death, but that conviction was later reversed in 1992 after the Mississippi Supreme Court found her constitutional rights had been violated during her trial. She later reached a plea agreement on a lesser charge, her attorney said.

Balfour believes her cancer may have been detectable over a decade ago. After she was released in 2021, an outpatient doctor performed a mammogram that showed she had stage four breast cancer, her lawsuit says.

Balfour sued three companies contracted to provide health care to prisoners at the Central Mississippi Correctional Facility. The companies delayed or failed to schedule follow-up cancer screenings for Balfour even though they had been recommended by prison physicians, the lawsuit says.

Gibbs hopes to introduce legislation in the future that provides stronger guarantees that inmates receive timely medical care.

“While we do have a Department of Corrections, it’s also lawmakers’ duty and responsibility to ensure that there are human rights for our state’s inmates,” Gibbs said.

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

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Mississippi-born dancer comes home with ballet company to share her passion

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mississippitoday.org – Sherry Lucas – 2025-01-23 10:49:00

Mary Kate Shearer’s vision for her future leaped nearly as high as the dancers did that summer afternoon she saw her first ballet onstage. She was only 3 years old, knocking on 4, at the time, and maybe mature enough for a USA International Ballet Competition matinee in her mom’s view.

“I bought tickets way at the back, in case we needed to sneak out,” her mother Janet Shearer recalled. No need, as it turned out. “She was rapt … just so attentive through the whole thing.

“When we walked out of Thalia Mara Hall that afternoon, she looked up and said, ‘Mommy, I want to do that.’”

“Since then, I have not stopped,” Mary Kate Shearer said, “except when injury forced me to.” The young dancer is now a company member of Chattanooga Ballet (CHA Ballet), a small regional company bound for Jackson as part of its Art/Motion tour Friday and Saturday, Jan. 24-25. The homecoming highlights Shearer in performance, with the opportunity, too, to share her newfound love of teaching.

The weekend’s two performances in Jackson showcase works by legends in contemporary ballet — a rare treat for area dance fans — and newer works as well. The flirty, energetic “Tarantella” by New York City Ballet co-founder George Balanchine and the deeply romantic “Sea Shadow” by Joffrey Ballet co-founder Gerald Arpino are key showpieces on a program that also features the new “Intersections of Life” by Dance Theatre of Harlem member Ingrid Silva, and “Copacetic,” a fun and jazzy work choreographed by Chattanooga Ballet Artistic Director Brian McSween. This is CHA Ballet’s 50th anniversary season. Shows will also include contemporary ballet performances by Belhaven University dance students (“In One Accord,” choreographed by Belhaven dance alum Rachel Bitgood) and by Mississippi Metropolitan Ballet (“Timelapse” by Andrew Brader).

“Sea Shadow” CHA Ballet dancers Alessandra Ferarri-Wong and Eli Diersing, Credit: Wizardly Studio

Performances will be held at 7:30 p.m. Friday, Jan. 24, and at 2 p.m. Saturday, Jan. 25, at Belhaven University Bitsy Irby Visual Arts and Dance Center’s Studio Theatre.

CHA Ballet’s tour includes master classes for local dance students Saturday morning, with intermediate and advanced sessions for ages 12-15 at 9 a.m. and for advanced students ages 16 and older at 10:30 a.m. Find tickets to CHA Ballet performances and master classes and more information at https://givebutter.com/Belhaven. Advance purchase is recommended; parking is available in the lot behind the building.

The tour’s Jackson leg is sponsored by Janet Shearer Fine Art. “I wanted Mary Kate to come home and dance so that family and friends can see her locally, but more importantly, what Chattanooga Ballet does, serving communities with world-class dance,” Janet Shearer said.

The daughter of Janet and Dale Shearer grew up in Ridgeland, developing the passion she pegged as a pre-schooler through lessons with the Madison-based Mississippi Metropolitan Ballet and summer camp training. Shearer, 26, graduated from Indiana State University and its Jacobs School of Music’s dance department in May 2021 and joined CHA Ballet just months later as one of its seven professional dancers. 

Credit: Wizardly Studio

“She’s a very determined and dynamic dancer, and highly intelligent,” CHA Ballet CEO/Artistic Director McSween said of Shearer, also praising her range across contemporary, modern and classical works and even character roles. “She’s a great technician. She’s an even better artist.”

“I love to dance and I think it’s incredible that I get to do that as my job,” Shearer said. 

When company director McSween floated the possibility of a Jackson tour, she thought it was a fantastic idea. 

“That would be so much fun, for a lot of reasons,” she said. “It’ll be really cool because I haven’t had the opportunity to teach in Jackson much at all. … Since I’ve been at Chattanooga Ballet, teaching is a part of my job that I’ve fallen in love with in a way that I didn’t really expect. So, I’m excited to share with my hometown this newfound love of sharing my knowledge about my art form, not just performing.”

In classes, she continues ballet’s strong oral tradition of passing down instruction from one generation to the next. In Chattanooga, she embraces teaching 8-, 9- and 10-year-olds. 

“Something about that age group — it’s their first year where they come to ballet twice a week, and they’re not self-conscious yet, so they’re still just so excited and wanting to try new things. It’s just been really cool to share my knowledge with the next generation of future dancers and dance lovers,” Shearer said.

She recalls her own childhood ballet classes at MMB, and some of the imagery MMB Artistic Associate Crystal Skelton used to describe steps. 

Mary Kate Shearer Credit: Courtesy of Mary Kate Shearer

“It’s still stuff I tell my students now, like talking about our hip bones as the headlights of our car, and making sure they’re staying facing forward all the time at the barre, and things like that,” Shearer said. “Young, young dancers can say, ‘I don’t know what my hip bones are, but I know what the headlights of a car look like.’”

MMB Artistic Director Jennifer Beasley recalled Shearer’s dedication, strong work ethic and her sponge-like eagerness to learn. “I always knew she could have a career in professional ballet if she wanted it. … I’m really excited to see her dance — I haven’t in a little while, and I’m most excited because our students get to meet her and take class and see that dancing professionally is attainable if that is something they want to pursue. Seeing her, being from here and from the school, is going to be great for them.”

Belhaven University Dance Department Chair and Dean of the School of Fine Arts Krista Bower welcomed the opportunity for her students, too, in classes, demonstrations and Q&A with McSween and Shearer. “That’s a great opportunity for the Belhaven dance students to hear about pathways to a professional career, and it’s wonderful for them to get to see a professional dance performance right here in Jackson.”

For Shearer, the tour’s hometown spotlight weaves artistry and memory in a reach back to her roots and a reach out to young dancers who may want to follow in her footsteps. Her self-described strengths and personality that come through in her dance easily trace back to her earliest intro to the art form. “I love to jump , so that’s one thing,” she said with a chuckle. “So, I’m very dynamic in that way.

“I really try and show the audience that I’m up there having fun, and I think that comes through onstage — that I love what I’m doing and I want other people to feel that love, too.”

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

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