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Lawsuit to officially outlaw abortion in Mississippi may not have standing at the state Supreme Court

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mississippitoday.org – Bobby Harrison – 2024-11-03 06:00:00

Two high-profile cases in recent years where the limited standing to pursue lawsuits could impact the hot button issue of abortion that some believe could be speeding toward the state’s highest court.

Based on those landmark rulings by the Supreme Court, the never-ending saga continues: Mississippi is simultaneously a state where abortions are technically legal but also where medical providers make no effort to perform abortions.

A group of conservative doctors โ€” Mississippi members of the American Association of Pro-Life Obstetricians and Gynecologists โ€” filed a asking the courts to overturn a 1998 ruling by the Mississippi Supreme Court saying the state constitution provides a right to an abortion based on privacy.

In October, Chancellor Crystal Wise Martin said the physicians did not have the right to file the lawsuit because they could not prove they were harmed by the 1998 ruling. In legal parlance, Wise Martin found the physicians did not have standing to bring the lawsuit.

Attorney Aaron Rice, who represents the physicians, said he intends to file an appeal to the Mississippi Supreme Court asking that the Hinds County chancellor’s ruling be overturned.

But it can be argued that the two recent landmark rulings by the Mississippi Supreme Court seem to give credence to Wise Martin’s ruling. In a 2020 case, the Mississippi Supreme Court famously reversed past rulings and said state lawmakers did not have standing to sue the governor challenging his partial veto authority of appropriations bills.

And earlier this year, a Supreme Court majority ruled that the for organization did not have the authority to sue challenging the constitutionality of a legislative to send public funds to private schools.

In the education case, Northern District Supreme Court Justice Robert Chamberlin, writing for the majority, ruled that Parents for Public Schools did not have standing to bring the lawsuit because the group โ€œfailed to sufficiently demonstrate an adverse impact that it suffers differently from the general public.โ€ In essence, a party must prove it will endure a specific harm in order to file a lawsuit challenging an action.

In a dissenting opinion, Central District Justice Leslie King asked, โ€œThis case begs the question: if parents of public school are not sufficiently adversely impacted to challenge this government action, who is?โ€

Every case is different. Perhaps Rice and the physicians can present an argument that makes enough distinctions on the issue of standing to succeed before the high court. But based on a lay reading of the standing rulings, it appears that the physicians have a tough row to hoe.

The doctors argue that because of the 1998 state Supreme Court ruling, they the risk of being punished if they refuse to help a patient obtain an abortion. But Hinds County Chancellor Wise Martin wrote that the conservative physician group โ€œacknowledged that it is not aware of any instance where a member physician has been disciplined or decertifiedโ€ฆfor refusing to provide abortion services.โ€

The judge added that under state Supreme Court precedent, โ€œthe potentialโ€ of something occurring, such as disciplinary action, is not enough reason to file a lawsuit.

Granted, this is all a bit convoluted since everyone knows Mississippi is the state that filed the lawsuit that led to the overturning Roe v. Wade and the national right to an abortion.

State politicians constantly tout their leadership in overturning Roe v. Wade. When the U.S. Supreme Court overturned Roe v. Wade, Mississippi already had laws on the books outlawing abortion in most instances.

But then, someone realized that there was this pesky 1998 state Supreme Court ruling that found that the Mississippi Constitution provided the right to an abortion.

And, of course, people learned in 9th grade civics that the constitution as interpreted by the highest court in the land trumps a measly old law passed by a legislative body.

But then a funny thing happened. As the Mississippi Supreme Court moved slowly to rule on whether the 1998 ruling should be reversed, the state’s abortion providers packed up and left the state and decided not to pursue a case asking the state Supreme Court to rule on the case.

There is no doubt that the abortion providers could prove standing because they are indeed being harmed by the state laws.

But the abortion providers are not asking the state’s highest court to rule. They seemed satisfied with the current state of perpetual limbo on the issue.

If the doctors follow through with their commitment to take the case to the Mississippi Supreme Court, those past rulings limiting who has standing will no doubt be at the heart of discussion.

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

Mississippi Today

Senate panel weighs how much โ€” or whether โ€” to cut state taxes

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mississippitoday.org – Taylor Vance – 2024-11-04 15:42:00

A group of senators on Monday grappled with how much to slash state taxes or if they should cut them at all, portending a major policy debate at the Capitol for next year’s legislative

The Senate Fiscal Policy Study Group solicited testimony from the state government’s leading experts on budget, economic and tax policies to prepare for an almost certain intense debate in January over how much they should trim state taxes while balancing the need to fund government services.ย 

Senate Finance Chairman Josh Harkins, a Republican from Flowood whose committee has jurisdiction over tax policy, told Mississippi that he wanted senators to have basic facts in front of them before they decide next year if Mississippi should cut taxes.

โ€œWe’re getting a tax cut the next two years whether we do anything or not,โ€ Harkins said. โ€œI just want to make sure we have all the facts in front of people to understand we have a clear picture of how much revenue we’re bringing in.โ€  

Mississippi is already phasing in a major tax cut. After a raucous debate in 2022, lawmakers agreed to phase in an income tax cut. In two years it will leave Mississippi with a flat 4% tax on income over $10,000, one of the lowest rates in the nation.

However, the top two legislative leaders, Lt. Gov. Delbert Hosemann who oversees the Senate and House Speaker Jason White, have both recently said they want legislators to consider new tax cut policies.  

Hosemann, the Republican leader of the Senate, has publicly said he would like to see the state’s grocery tax, the highest of its kind in the nation, reduced, though he hasn’t specified how much of a reduction or how long it would take for the cut to be implemented. 

White, a Republican from , said last that he would like to see the state’s 4% income tax phased out and have the state’s 7% grocery tax cut in half over time. 

โ€œWe are hoping to construct a tax system that, yes, prioritizes certain needs in our state, but it also protects and rewards taxpayers,โ€ White said last week. 

But it’s difficult to collect accurate data on the state’s grocery tax, and state lawmakers must grapple with a laundry list of spending needs and obligations based on testimony from state agency leaders on Monday. 

Mississippi currently has a 7% sales tax, which is applied to groceries. The state collects the tax but remits 18.5% back to . For many municipalities, the sales tax is a significant source of revenue. 

If state lawmakers want to reduce the grocery tax without impacting cities, they could pass a new law to change the diversion amounts or appropriate enough money to make the municipalities whole.  

State Revenue Commissioner Chris Graham said the Mississippi Department of Revenue, the agency in charge of collecting state taxes, does not have a mechanism in place for accurately capturing how much money cities collect in grocery taxes. This is because the tax on groceries is the same as non-grocery items. 

However, Graham estimates that the state collects roughly $540 million in taxes from grocery items.

The other problem lawmakers would have in implementing significant tax cuts is a growing list of spending needs in Mississippi, a state with abject poverty, water and sewer and other woes and some of the worst health metrics in the nation. 

Representatives from the Legislative Budget Office, the group that advises lawmakers on tax and spending policy, told senators that lawmakers will also be with rising costs in the public employee retirement system, the budget, public education, state employee health insurance, and state infrastructure projects. 

READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs

State agencies, including the employee retirement system, also requested $751 million more for the coming budget year.

โ€œThat’s the billion dollar question, I guess,โ€ Senate Appropriations Chairman Briggs Hopson, a Republican from Vicksburg, said. โ€œHow we’re able to fund basic government services?โ€ 

Harkins and Hopson said the committee would likely meet again before the Legislature convenes for its 2025 session on January 7.

A House committee on tax cuts has also been holding hearings, and White in September held a summit on tax policy.

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

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Already dire lack of affordable housing for low-income Mississippians on verge of worsening

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mississippitoday.org – Simeon Gates – 2024-11-04 11:00:00

In Mississippi, where there’s already a dearth of 50,000 or more affordable homes for extremely low-income residents, that number could grow in the next five years.

Housing units available under the federal Low Income Tax Credit program could lose their affordability by 2030 โ€“a number estimated nationwide to be 350,000 with 2,917 in Mississippi, alone; 496 in the already have.

The federal program responsible for most of the nation’s affordable housing is expiring.

The Low Income Housing Tax Credit, introduced as part of the Tax Reform Act of 1986,  provides for developers to buy, build and restore low-income housing units. Under the deal, the housing only needs to stay low-rent for 30 years. Construction began in the early 1990s. 

Some LIHTC housing will remain affordable due to other subsidies, nonprofits, state and individual landlords.

โ€œI think the low-income housing tax credit has done everything that it can to address the need for affordable housing around the state,โ€ said Scott Spivey, executive director of the Mississippi Housing Corporation, a state office that administers the program and works with the state government and those in the affordable housing industry to create and support affordable housing

Spivey supports the proposed Affordable Housing Credit and Improvement Act, a federal bill that would expand upon the low-income housing tax credit in several ways, giving developers more credit for certain projects for low-income households and changing tenant eligibility rules. 

The bill was introduced in the House and the Senate last session, and is co-sponsored by Mississippi Sens. Cindy Hyde-Smith and Roger Wicker and in the House by Reps. Mike Ezell, and Michael Guest. As of this spring, both bills are in committee. 

While housing has become a major issue for Americans, getting legislation passed has been challenging. โ€œEverybody knows that housing is an issue, but it gets caught up with everything elseโ€ฆand it kind of gets lost in the shuffle,โ€ said Spivey.

This issue is especially important in Mississippi, where demand for housing is high across all incomes. 

โ€œAll the market studies that we see that with the applications tell us that there’s a huge need for affordable housing across the state at all the income bandsโ€ said Spivey.

According to the National Low Income Housing Coalition, almost a third of Mississippi renters are extremely low income; 65% of them are severely cost burdened, meaning they spent more than half their income on rent. The majority of these households are seniors, disabled people, single caregivers of young children, people enrolled in school, or other. 

Director of Housing Law at the Mississippi Center for Justice, Ashley Richardson said housing problems worsened after Mississippi stopped participating in the federal rental assistance program in 2022.

MCJ’s work on housing includes a statewide eviction hotline, investigating instances of housing discrimination, and more. 

Richardson praised the LIHTC program, but echoed Spivey’s concerns. โ€œEven with the affordable housing we do have in Mississippi, we are still at a lack,โ€ she said. 

The National Housing Preservation Database estimates Mississippi is short 52,421 affordable and available rental homes for low-income people. The National Low Income Housing Coalition puts the figure at 49,478.

Richardson wants the state to deal with issues like providing more tenant protections and rental assistance. There’s also a need to improve homes that are or in poor , and many housing nonprofits are running out of

Spivey said people should to their property managers and learn about their rights. MHC’s website has resources for homebuyers and renters.

As the housing crisis goes on, there are options for people struggling to find and keep affordable housing and an effort to take action at the federal and state levels.  

Some aspiring low-income homeowners may qualify for Habitat for Humanity, a program that builds homes for families in need. Families who qualify work on the homes alongside volunteers, pay an affordable mortgage and financial literacy education.

New applicants must meet the qualifications, including a good debt-income ratio, 125 hours of sweat equity and taking classes on financial literacy, home repairs, and being a good neighbor.

Merrill McKewen, executive director for Habitat for Humanity Mississippi Capital Area, emphasized the importance of housing to individuals and communities. 

โ€œThere are untold studies that have been done that, you’ve gotta have a safe, decent, affordable place to live. The children are better students, the are better employeesโ€ฆit grounds you to a community that you can contribute to and be a part of. It is the American dream, to own a home, which is what we’re all about,โ€ she said. 

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

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Mississippi Election 2024: What will be on Tuesdayโ€™s ballot?

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mississippitoday.org – Bobby Harrison – 2024-11-04 10:00:00

Mississippians will go to the polls on Tuesday, Nov. 5, to elect federal and judicial posts and some local offices, such as for election commissioners and school board members.

Polls will be open from 7 a.m. to 7 p.m. on Tuesday. To find your polling place, use the secretary of state’s locator, or call your local county circuit clerk.

READ MORE: View the Mississippi sample ballot.

The following is a list of the candidates for federal and judicial posts with brief bios:

President

  • Kamala Harris, current vice president and Democratic nominee for president. Her running mate is Tim Walz.
  • Donald Trump, former president and current Republican nominee. His running mate is J.D. Vance.
  • Robert Kennedy Jr. remains on the ballot in Mississippi even though he has endorsed Trump. His running mate is Nicole Shanahan.
  • Jill Stein is the Green Party candidate. Her running mate is Rudolph Ware.
  • Five other candidates will be on the Mississippi ballot for president. For a complete list of presidential candidates, see the sample ballot.

U.S. Senate

  • Ty Pinkins is the Democratic nominee. He is a Rolling Fork native and attorney, representing, among other clients, those alleging unfair working conditions. He served 21 years in the U.S. Army, combat stints, other overseas deployment and posts in the White House,
  • Roger Wicker is the Republican incumbent senator. He resides in and has served in the U.S. Senate since late 2007 after first being appointed to fill a vacancy by then-Gov. Haley Barbour. He was elected to the post in 2008. He previously served in the U.S. House and as a state senator. He is an attorney and served in the United States Force.

House District 1

  • Dianne Black is the Democratic nominee. She is a small business owner in Olive Branch in DeSoto County.
  • Trent is the Republican incumbent. He was elected to the post in a special election in 2015. He previously served as a district attorney and before then as a prosecuting attorney for the city of Tupelo. He is a major general in the Mississippi Army National Guard.

House District 2

  • Bennie Thompson is the Democratic incumbent. He was first elected to the post in 1993. Before then, he served as a Hinds County supervisor and as alderman and then as of Bolton.
  • Ronald Eller is the Republican nominee. He grew up in West Virginia and moved to central Mississippi after retiring from the military. He is a physician assistant and business owner.

House District 3

  • Michael Guest is the Republican incumbent and is unopposed.

House District 4

  • Mike Ezell is the Republican incumbent first being elected in 2022. He previously served as Jackson County sheriff.
  • Craig Raybon is the Democratic nominee. Raybon is from and began a nonprofit โ€œfocused on helping out the community as a whole.โ€

Central District Supreme Court

  • Jenifer Branning currently serves as a member of the state Senate from Neshoba County.
  • Byron Carter is a Hinds County attorney and previously served as a clerk for Supreme Court Justice Armis Hawkins.
  • James Kitchens is the incumbent. He has served on the state’s highest court since 2008.
  • Ceola James previously served on the Court of Appeals.
  • Abby Gale Robinson is a Jackson attorney. She previously was a commercial builder.

Southern District Supreme Court

  • Dawn Beam is the incumbent, been first appointed in 2016 by then-Gov. Phil Bryant and later winning election to the post. She is a former chancellor for the Hattiesburg area.
  • David Sullivan is an attorney in and has been a municipal judge in D’Iberville since 2019. His father, Michael, previously served on the state Supreme Court.

Northern District Supreme Court seats

  • Robert Chamberlin of DeSoto County is unopposed.
  • James Maxwell of Lafayette County is unopposed.

Court of Appeals 5th District seat

  • Ian Baker is an assistant district attorney in Harrison County.
  • Jennifer Schloegel is a Chancery Court judge for Harrison, Hancock and Stone counties.
  • Amy St. Pe is a Municipal Court judge in Gautier.

Court of Appeals District 2

  • Incumbent Latrice Westbrooks is unopposed.

Court of Appeals District 3

  • Incumbent Jack Wilson is unopposed.ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย 

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

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