Mississippi Today
Is abortion legal in Mississippi? Voters could decide
by Bobby Harrison, Mississippi Today
Sun, 27 Nov 2022 12:00:00 +0000
Is abortion legal in Mississippi? Voters could decide
Since the United States Supreme Court in a Mississippi case stripped away a national right to an abortion, citizens in six states, including five earlier this month, have voted to either preserve or expand abortion rights.
In no state have voters opted to restrict or to take away abortion rights since the Mississippi case – Dobbs v. Jackson Women’s Health Organization – was decided in late June by the nation’s highest court.
An argument can be made that Mississippians, like voters in conservative states such as Kansas and Kentucky and liberal states like California and Vermont, should be allowed to vote on whether they support or oppose restricting abortion rights.
After all, Mississippi is an unmitigated mess when it comes to the issue of abortion even though it is the state that successfully brought the lawsuit that led to the overturning of the 1973 Roe v. Wade Supreme Court decision that guaranteed a national right to an abortion. It is true that there are no abortion clinics in Mississippi, but it reasonably could be argued that abortion is indeed legal in the Magnolia State.
The state has two abortion laws on the books. They are:
- A ban on all abortion except in the case of rape or to preserve the life of the mother.
- A six-week ban except in cases of medical emergency.
But the Mississippi Supreme Court – in Pro Choice Mississippi v. Fordice – ruled in 1998 that the state constitution provides a right to an abortion.
“We find that the state constitutional right to privacy includes an implied right to choose whether or not to have an abortion,” the late Mississippi Supreme Court Justice Michael Sullivan wrote for the majority.
That ruling has never been overturned.
In the normal judicial process, the laws passed by the Legislature imposing the abortion bans would not trump the ruling of the Supreme Court. What appears to have occurred is that the Supreme Court ruling has been rendered moot since the only abortion provider moved out of the state – fearing its employees could face punishment (possible prison time) in conservative Mississippi even though the state’s highest court said that a right to an abortion exists. In other words, there is no abortion provider in the state to challenge the constitutionality of the two laws banning abortion.
Recognizing the state’s conundrum, the conservative Mississippi Justice Institute, which is the legal arm of the Mississippi Center for Public Policy, recently filed a lawsuit, hoping to get the state Supreme Court to overturn its 1998 ruling.
At the very least, the issue of abortion is still murky in Mississippi. The Mississippi Justice Institute recognizes this.
“In the Dobbs case, Mississippi secured a major victory for human rights and the rule of law,” said Aaron Rice, director of the Mississippi Justice Institute “Now it’s time to finish the job and protect the right to life in the state that took Roe down.”
The lawsuit filed by the Mississippi Justice Institute is asking the Supreme Court to reverse the 1998 ruling in Fordice v. Planned Parenthood just as the U.S. Supreme Court reversed the Roe v. Wade decision.
The Justice Institute filed the lawsuit on behalf of the American Association of Pro-Life Obstetricians and Gynecologists. According to the lawsuit, the Michigan-based group has more than 6,000 members nationwide, including 35 in Mississippi. The lawsuit said its members are being placed in legal jeopardy because abortion has been banned under the two aforementioned laws. But based on the 1998 state Supreme Court ruling, doctors could be placed in legal jeopardy if they refuse to refer a woman to an abortion provider, the lawsuit alleges.
Whether that circuitous argument is enough to give the Michigan group “standing” to pursue such a case in Mississippi remains to be seen. The lawsuit is filed in Hinds County Chancery Court.
No doubt, abortion providers would have “standing” to bring the case and in fact did this past summer. But the Jackson Women's Health Organization, which originally filed a lawsuit, opted to move out of state and drop the case when the state Supreme Court refused to hear the issue in an expedited manner. The decision not to pursue the case meant the Supreme Court was never given a chance to reverse its 1998 ruling. It is likely the current justices would reverse the ruling if given the opportunity.
Thus far no abortion provider has sought to intervene in the case brought by the anti-abortion group.
The Mississippi Legislature could settle this complex issue easily by voting early in the 2023 session to place on the ballot as soon as possible a proposal to reverse the state Supreme Court decision granting the right to an abortion.
Then the citizens could decide just as they have in six other states.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Did you miss our previous article…
https://www.biloxinewsevents.com/?p=197619
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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