Mississippi Today
Justice Department seeks to join challenge of separate court system in Jackson
The U.S. Department of Justice has asked to join a lawsuit challenging House Bill 1020, arguing the appointment of judges to the Hinds County Circuit Court and creation of a new separate court system in Jackson is racially discriminatory and unconstitutional.
Those appointments, which would be made by the state’s white Supreme Court chief justice, and the Capitol Complex Improvement District court shift authority of the criminal justice system away from Hinds County voters, which violates the Equal Protection Clause of the 14th Amendment, according to the department.
“This thinly-veiled state takeover is intended to strip power, voice and resources away from Hinds County’s predominantly-Black electorate, singling out the majority Black Hinds County for adverse treatment imposed on no other voters in the State of Mississippi,” Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division, said in a statement.
The federal government has an “unconditional statutory right” to intervene in litigation under a federal statute, such as the Civil Rights Act of 1964, to intervene in cases seeking relief from alleged denial of equal protection, according to the Wednesday court motion filed by the federal government.
Intervention in the NAACP lawsuit will allow the DOJ to bring claims against Attorney General Lynn Fitch, who is a defendant in the lawsuit, and the state of Mississippi.
NAACP President Derrick Johnson, a Jackson resident who is a plaintiff in the lawsuit, said the DOJ’s intervention will help hold state leaders accountable for the laws they passed that undermine the vote and voices of Black Mississippians.
“When our state leaders fail those they are supposed to serve, it is only right that the federal government steps in to ensure that justice is delivered,” he said in a statement.
U.S. District Court Judge Henry Wingate will decide whether to allow the DOJ to intervene.
He has temporarily blocked HB 1020 from going into effect – specifically the appointment of four judges – until he decides whether to approve a preliminary injunction.
The defendants have argued in court hearings and documents that the intention of HB 1020 was to address violent crime in Jackson and help a backlogged court system in Hinds County.
In the Wednesday court filings, the DOJ specified that it will challenge parts of HB 1020 but not Senate Bill 2343.
A challenge to that law, which expands the boundaries of the Capitol Complex Improvement District and requires state permits to hold demonstrations by governmental buildings in Jackson, was consolidated with the HB 1020 lawsuit last month. Another challenge to HB 1020 has made it to the Mississippi Supreme Court from a lawsuit that argues the law violates the state constitution by preventing Hinds County residents from electing its circuit court judges. It also says the court created by the law doesn’t meet constitutional requirements.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court
The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.
Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.
Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.
The PAC should receive an award or at least be considered for an honor for best fiction writing.
At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.
It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.
Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.
As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.
And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.
A look at the history of the members of the Supreme Court might be helpful.
Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.
Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.
Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.
But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.
Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.
The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.
It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.
Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.
But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1968
Nov. 24, 1968
Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.”
The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure.
Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service.
From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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