Mississippi Today
For the eighth time, U.S. Supreme Court delays hearing state's felony suffrage case
For the eighth time, U.S. Supreme Court delays hearing state’s felony suffrage case
The United States Supreme Court has postponed for the eighth time this year a decision on whether to hear a case challenging the constitutionality of a Mississippi provision enacted in 1890 with the intent of preventing African Americans from voting.
The case is an appeal of a decision last year by the U.S. 5th Circuit Court of Appeals upholding a provision imposing a lifetime ban on voting for many people convicted of felonies. The lifetime ban was imposed on certain crimes that the framers of the 1890 Mississippi Constitution believed at the time Black people were more likely to commit, the 5th Circuit conceded in upholding the provision.
It is not known what the eight postponements in deciding whether to hear the case might mean.
“The Supreme Court takes about one of every hundred cases it’s asked to take,” said Rob McDuff, director of the Impact Litigation Project at the Mississippi Center for Justice, and part of the group asking the nation’s high court to hear the case. “But the troubling racial history of this provision makes it a more likely candidate for review than most of the other cases. I assume the repeated postponements mean the justices are considering this one very carefully. We will see.”
The Supreme Court justices are scheduled to meet in conference on Friday to decide if they will take up any of the cases currently pending. Before this latest postponement, the Mississippi case was supposed to be among those cases discussed during the Friday conference.
The Mississippi felony suffrage case had been on the schedule to be taken up at seven past conferences of the Supreme Court this year. In each of those instances, like this week, the justices opted to postpone a decision on the case.
Four of the nine judges must agree to take up a case on appeal in order for the high court to hear it. According to the U.S. Courts webpage, “the Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year.”
The Mississippi Center for Justice and others filed the lawsuit currently pending before the Supreme Court on behalf of Mississippians who lost their voting rights after being convicted of felonies. Mississippi is among a handful of states — less than 10 — where people do not regain their voting rights at some point after completing their sentence.
Those challenging the lawsuit say the 1890 provision is unconstitutional because it was enacted for a discriminatory purpose, thus having a “racial taint.” State Attorney General Lynn Fitch argued the “racial taint” had been removed because of action in more recent times, and a majority of the 5th Circuit agreed.
In 1950 the Legislature passed a proposal approved by voters to remove burglary as one of the disfranchising crimes. And in the 1960s, the Legislature and ultimately the voters approved a provision making murder and rape disenfranchising crimes.
Those changes, the majority found, removed the “racial taint” from the original 1890 language. But McDuff pointed out that those changes were made during an era of intense racial conflict and discrimination in the state. Perhaps, more importantly, the changes did not allow Mississippians to vote on whether to remove lifetime bans from voting on people convicted of other felonies.
Or as Court of Appeals Judge James Graves wrote in his dissent, “Mississippians have simply not been given the chance to right the wrongs of its racist origins. And this court … deprives Mississippians of this opportunity by upholding an unconstitutional law enacted for the purpose of discriminating against Black Mississippians on the basis of race.”
Fitch’s office also argued that state commissions pondered changing the felony suffrage provision in the 1980s and opted not to do so, thus removing the racial taint.
Those crimes placed in the constitution where conviction costs a person the right to vote are bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, bigamy and burglary.
Under the original language of the constitution, a person could be convicted of cattle rustling and lose the right to vote, but those convicted of murder or rape would still be able to vote — even while incarcerated.
In Mississippi, most people with felony convictions who lose their voting rights must petition the Legislature to get a bill passed by a two-thirds majority of both chambers to regain voting rights. Normally only a handful (less than five each year and none in 2023) of such bills are successful each session. There is also the option of the governor granting a pardon to restore voting rights, but no governor has granted pardons since Haley Barbour in 2012.
Editor’s note: The Mississippi Center For Justice President and CEO Vangela Wade serves on Mississippi Today’s board of trustees.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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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