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For the eighth time, U.S. Supreme Court delays hearing state's felony suffrage case

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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.

Crooked Letter Sports Podcast

Podcast: Ohio State won it all, but where would Ole Miss have been with Quinshon Jundkins?

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mississippitoday.org – Rick Cleveland and Tyler Cleveland – 2025-01-22 12:00:00

Lots to talk about on the days after the national championship game, but in Mississippi, especially in Oxford, much of the talk is about what might have been had Judkins stayed at Ole Miss. Also, the Clevelands discuss Egg Bowl basketball, the grueling SEC schedule, the NFL playoffs, and John Wade’s saga at Southern Miss.

Stream all episodes here.


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

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Mississippi Today

With EPA support, the Corps is moving forward with the Yazoo Pumps

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mississippitoday.org – Alex Rozier – 2025-01-22 11:00:00

Barring any legal challenge, it appears the South Delta is finally getting its pumps.

The U.S Army Corps of Engineers announced last Friday it’s moving forward with an altered version of the Yazoo Pumps, a flood relief project that the agency has touted for decades. The project now also has the backing of the Environmental Protection Agency, whose veto killed a previous iteration in 2008 because of the pumps’ potential to harm 67,000 acres of valuable wetland habitat.

In a Jan. 8 letter, the EPA wrote that proposed mitigation components — such as cutting off the pumps at different points depending on the time of year, as well as maintaining certain water levels for aquatic species during low-flow periods — are “expected to reduce adverse effects to an acceptable level.”

South Delta residents have called for the project to be built for years, especially after the record-setting backwater flood in 2019. State lawmakers from the area rejoiced over last week’s news.

“It’s been a long time coming,” said Sen. Joseph Thomas, D-Yazoo City, explaining that most in his district support the pumps. “I’m sure there are some minuses and pluses (to the project), but by and large I think it needs to happen.”

Sen. Briggs Hopson, R-Vicksburg, recalled that almost half of his district was underwater in 2019.

A car is nearly submerged in flood water in Issaquena County Friday, April 5, 2019. Credit: Eric J. Shelton, Mississippi Today/Report For America

“I’m very pleased that the Corps has issued this (decision),” Hopson told Mississippi Today on Tuesday.

Before the Corps’ latest proposal, the future of the pumps was in limbo for several years. Under President Trump’s first administration, the EPA in 2020 said the 2008 veto no longer applied to the proposal because of Corps research suggesting that the wetlands mainly relied on water during the winter months — a less critical period for the agriculture-dependent South Delta — to survive, and that using the pumps during the rest of the year would still allow the wetlands to exist.

The EPA then restored the veto under President Biden’s administration. But in 2023, the Corps agreed to work with the EPA on flood-control solutions which, as it turned out, still included the pumps.

While the public comment period is over and the project appears to be moving forward, the Corps has yet to provide a cost estimate for the pumps, which are likely to cost at least hundreds of millions of dollars. A 19,000 cubic-feet-per second, or cfs, pumping station in Louisiana cost roughly $1 billion to build over a decade ago, and the Corps is proposing a 25,000 cfs station for the South Delta.

Corps spokesperson Christi Kilroy told Mississippi Today that the project will move onto the engineering and design phase, during which the agency will come up with a price estimate. Mississippi Today asked multiple times if it’s unusual to wait until after the public has had a chance to comment to provide an estimate, but the agency did not respond.

South Delta residents in attendance for a listening session on flooding in the area. Credit: Staff of Sen. Roger Wicker

Under the project’s new design, the pumps will turn on when backwater reaches the 90-foot elevation mark anytime during the designated “crop season” from March 25 to Oct. 15. During the rest of the year, the Corps will allow the backwater to reach 93 feet before pumping.

In last Friday’s decision, the Corps wrote that the project would have “less than significant effects (on wetlands) due to mitigation.” The project’s mitigation includes acquiring and reforesting 5,700 acres of “frequently flooded” farmland to compensate for wetland impacts.

In a statement sent to Mississippi Today, the EPA said that the “higher pumping elevations” — the Corps’ previous proposal started the pumps at 87 feet — and the “seasonal approach” to pumping will reduce the wetlands impact.

However conservationists, including a group of former EPA employees, are not convinced. The Environmental Protection Network, a nonprofit of over 650 former EPA employees, wrote in August that the latest proposed pumping station “has the potential to drain the same or similar wetlands identified in the 2008 (veto) and potentially more.”

“Similar to concerns EPA identified in the 2008 (veto)… EPN’s concerns with the potential adverse impacts of this version of the project remain,” the group wrote.

A coalition of other groups — including Audubon Delta, Earthjustice, Healthy Gulf and Mississippi Sierra Club — remain opposed to the project, arguing that hundreds of species rely on the wetlands during the “crop season” for migration, breeding and rearing.

A radio tower surrounded by flood water near Mayersville Miss., Friday, April 5, 2019. Credit: Eric J. Shelton, Mississippi Today/Report For America

“This action is a massive stain on the Biden Administration’s environmental legacy and undermines EPA’s own authority to protect our nation’s most important waters,” the coalition said in a statement last Friday.

When asked about potential legal challenges to the Corps’ decision, Audubon Delta’s policy director Jill Mastrototaro told Mississippi Today via email: “This project clearly violates the veto as we’ve documented in our comments. We’re carefully reviewing the details of the announcement and all options are on the table.”

In addition to the pumps, the project includes voluntary buyouts for those whose properties flood below the 93-foot mark, which includes 152 homes.

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 1906

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mississippitoday.org – Jerry Mitchell – 2025-01-22 07:00:00

Jan. 22, 1906

Willa Beatrice Brown served as a lieutenant in the U.S. Civil Air Patrol. Credit: Wikipedia

Pioneer aviator and civil rights activist Willa Beatrice Brown was born in Glasgow, Kentucky. 

While working in Chicago, she learned how to fly and became the first Black female to earn a commercial pilot’s license. A journalist said that when she entered the newsroom, “she made such a stunning appearance that all the typewriters suddenly went silent. … She had a confident bearing and there was an undercurrent of determination in her husky voice as she announced, not asked, that she wanted to see me.” 

In 1939, she married her former flight instructor, Cornelius Coffey, and they co-founded the Cornelius Coffey School of Aeronautics, the first Black-owned private flight training academy in the U.S. 

She succeeded in convincing the U.S. Army Air Corps to let them train Black pilots. Hundreds of men and women trained under them, including nearly 200 future Tuskegee Airmen. 

In 1942, she became the first Black officer in the U.S. Civil Air Patrol. After World War II ended, she became the first Black woman to run for Congress. Although she lost, she remained politically active and worked in Chicago, teaching business and aeronautics. 

After she retired, she served on an advisory board to the Federal Aviation Administration. She died in 1992. A historical marker in her hometown now recognizes her as the first Black woman to earn a pilot’s license in the U.S., and Women in Aviation International named her one of the 100 most influential women in aviation and space.

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

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