Mississippi Today
Ethics Commission contradiction: Members take oath to constitution, but can’t consider it in rulings
Ethics Commission contradiction: Members take oath to constitution, but can’t consider it in rulings
A majority of the members of the Mississippi Ethics Commission said they were required to ignore what the state constitution said when they made their ruling that the Legislature is not bound by the open meetings law.
“We are not allowed to interpret it,” Commission Chair Ben Stone of Gulfport, who has served on the Ethics Commission since 1997, said of the Mississippi Constitution.
Yet Stone and the other seven members of the Ethics Commission when taking their oath of office swore to “faithfully support the Constitution of the United States and of the state of Mississippi and obey the laws thereof.”
Can an Ethics Commission member ignore the constitution and support it at the same time?
The ruling of the Ethics Commission that the Mississippi Legislature, the most high profile and in terms of influence, the most consequential public body in the state, is not bound by the state’s decades-old open meeting law is a head scratcher.
The Ethics Commission says legally it is bound in its rulings by the law that does not list specifically the Legislature among the public entities that must meet in the open.
The commission goes on to explain that it does not matter that the Mississippi Constitution, which preempts all state law, says “the doors of each house, when in session, or in committee of the whole, shall be kept open.” Commission members say they statutorily cannot interpret the constitution they swore to uphold.
It gets even more contradictory. The open meetings act that the commission says it must adhere to requires the ethics commissioners to refer to the constitution when enforcing the law.
“All official meetings of any public body, unless otherwise provided in this chapter or in the constitutions of the United States of America or the state of Mississippi, are declared to be public meetings and shall be open to the public,” the open meetings law reads.
It appears the Legislature is saying in the law to check with the constitution to determine if a public body is exempt from meeting in public. How can the Ethics Commission, which is tasked by the Legislature with enforcing the open meetings law, do that if its members cannot interpret or, more simply, read the constitution?
The Ethics Commission finalized its ruling responding to a complaint filed by the Mississippi Free Press. The complaint said House Speaker Philip Gunn is violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.
Mississippi Today has documented, based on multiple accounts, that the House Republican Caucus often discusses policy issues and legislation during the closed-door meetings. When other public bodies have met behind closed doors to discuss policy issues, it has been deemed to be a violation of the open meetings law by the courts.
The ruling of the Ethics Commission will be appealed to the courts. A judge, most definitely, can consider what the Mississippi Constitution says when hearing the case.
And no doubt the judge will study what the open meetings statute actually says. By a 5-3 vote, the Ethics Commission said the Legislature is not covered because the law does not specifically list the Legislature as a public entity that had to meet in the open. Those five commissioners said the law is at the least, ambiguous, and prevents them from ruling that the Legislature is bound by the law.
The law does cite legislative committees as being covered.
The law reads in part, “public body” means any executive or administrative board, commission, authority, council, department, agency, bureau or any other policymaking entity.
Commission members argued that “any other policymaking entity” is referring to the entities that precede that phrase and is not meant as a catch-all phrase that would include most public bodies.
There are two issues with that interpretation. First, later, the law does list specifically public bodies that are exempt from the law, such as law enforcement and juries. It does not mention the Legislature as being exempt.
Plus, many of the entities cited in the law as being mandated by the public meetings law are executive agencies.
Basic civics teaches that executive agencies are not policymaking entities.
On the other hand, in any state and on the national level, the Legislature is the primary policymaking entity.
In Mississippi, the policymaking Legislature spends more than $20 billion in taxpayer funds each year and passes laws (enacts policies) that impact all citizens.
While doing those important things, the Mississippi Ethics Commission says the law contemplates lawmakers are able to meet behind closed doors.
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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