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Mississippi Choctaws celebrate high court ruling on tribal sovereignty

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The Mississippi Band of Choctaw Indians has joined the celebration of a victory handed down by the U.S. Supreme Court to uphold a 1978 law that aims to keep together Native American children and their families and support tribal sovereignty. 

“This is an important win for tribal sovereignty and for tribal children,” Tribal Chief Cyrus Ben said in a Friday statement. “Protecting the welfare of our children is essential to the survival of our language, culture, and traditions.”

The court ruled 7 to 2 Thursday in Brackeen v. Haaland, which centered on whether the Indian Child Welfare Act was constitutional. The act governs child custody of Native children. 

Justice Amy Coney Barrett wrote the majority opinion and was joined by six other justices, while

Justices Clarence Thomas and Samuel A. Alito Jr., dissented.

“By now, the full picture has come into view and it is easy to see why ICWA must stand,” Justice Neil Gorsuch wrote in a concurring opinion. “Under our Constitution, Tribes remain independent sovereigns responsible for governing their own affairs.”

If Native American children are removed from their parents, the act sets preferences to place them with other family members, other members of the tribe or a different tribe. 

The case was brought by a white foster couple from Texas, Chad and Jennifer Brackeen, against five tribes and the U.S. Department of the Interior over the adoption of American children. The couple was able to adopt one  Native American child, because the Navajo Nation was unable to find a Navajo family to take him. The couple then tried to adopt the boy’s sister, but the girl’s extended family wanted to take her in. Two other non-Native American  couples, who adopted Native American  children even after challenges from the tribes where the children were eligible for membership, joined the lawsuit along with three states.

The plaintiff families said the law discriminated against non-Native families and the children they wanted to adopt on the basis of race. 

ICWA recognizes that tribes have sovereignty and exclusive jurisdiction over their members who live on tribal land or are domiciled there.

During oral arguments, the justices heard arguments about whether tribes are political entities or racial groups, which is an argument defendants said threatened tribal rights and sovereignty.

More than 450 tribal nations filed amicus briefs in support of ICWA, and numerous Native American organizations, child welfare organizations, over half of all states and members of Congress showed support for the act.

ICWA was created in response to the mistreatment of generations of Native American people by the government and private citizens such as through the enrollment of children in boarding schools and the adoption of children out of tribes into non-Native families.

In 1978, between a quarter and a third of all Native children were taken from their families and

put in foster homes, up for adoption or into institutions, according to surveys by the Association on American Indian Affairs.

During Senate committee hearings about Indian child welfare, then Choctaw Chief Calvin Isaac testified that raising Native children in non-Native homes reduces tribes’ chances of survival.

His testimony was cited in the Supreme Court’s decision and in a 1989 case brought by the tribe that helped define ICWA.

In Mississippi Band of Choctaw Indians v. Holyfield, the Supreme Court ruled that through the ICWA, tribal courts have the power to hear adoption proceedings for Native children.

The court ruled tribes have jurisdiction over children domiciled on a reservation based on tribe membership or eligible membership, even if they aren’t physically present there.

MBCI is the state’s only federally recognized tribe. Over 11,000 members are descendants of Choctaws who remained in Mississippi to preserve their cultural heritage and ancestral homelands, said Chief Ben.

“Today, just as in the past, the preservation and security of our Tribe, our culture, and our tribal children and families are of utmost importance,” he said.

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

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On this day in 1919

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mississippitoday.org – Jerry Mitchell – 2024-12-27 07:00:00

Dec. 27, 1919

Dec. 28, 1919, article in the Lincoln County News in North Carolina

Black World War I veteran Powell Green was lynched by a mob of white men near Franklinton, North Carolina. 

Many returning Black soldiers, who wanted their full rights as citizens, became targets of violence. Green was arrested for allegedly killing a “prominent” white movie theater owner, but he was never able to defend himself in a court of law. A mob of masked white men abducted him as while officers were transporting the 23-year-old from the jail in Franklinton to the jail in Raleigh. 

During that kidnapping, Green broke free from the mob, but they managed to overtake him and tied him to a car, and he was dragged for at least a half mile before they shot him and hung him. 

In the days that followed, crowds flocked to the site of his lynching. According to press accounts, “souvenir hunters” cut buttons and pieces of clothing from the body and later cut down the tree for more keepsakes. One news account seemed to suggest Green was to blame for his death, saying that he “was disposed to think well of himself and was self-assertive.” 

No one was ever prosecuted for his killing, one of at least 80 lynchings that took place in 1919.

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

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On this day in 1908

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mississippitoday.org – Jerry Mitchell – 2024-12-26 07:00:00

Dec. 26, 1908

Jack Johnson Credit: Wikipedia

Pro boxing pioneer Jack Johnson defeated Tommy Burns, becoming the first Black heavyweight boxing champion. 

Johnson grew up in Galveston, Texas, where “white boys were my friends and pals. … No one ever taught me that white men were superior to me.” 

After quitting school, he worked at the local docks and then at a race track in Dallas, where he first discovered boxing. He began saving money until he had enough to buy boxing gloves. 

He made his professional debut in 1898, knocking out Charley Brooks. Because prizefighting was illegal in Texas, he was occasionally arrested there. He developed his own style, dodging opponents’ blows and then counterpunching. After Johnson defeated Burns, he took on a series of challengers, including Tony Ross, Al Kaufman and Stanley Ketchel. 

In 1910, he successfully defended his title in what was called the “Battle of the Century,” dominating the “Great White Hope” James J. Jeffries and winning $65,000 — the equivalent of $1.7 million today. 

Black Americans rejoiced, but the racial animosity by whites toward Johnson erupted that night in race riots. That animosity came to a head when he was arrested on racially motivated charges for violating the Mann Act — transporting a woman across state lines for “immoral purposes.” 

In fact, the law wasn’t even in effect when Johnson had the relationship with the white woman. Sentenced to a year in prison, Johnson fled the country and fought boxing matches abroad for seven years until 1920 when he served his federal sentence. 

He died in 1946, and six decades later, PBS aired Ken Burns’ documentary on the boxer, “Unforgivable Blackness: The Rise and Fall of Jack Johnson,” which fueled a campaign for a posthumous pardon for Johnson. That finally happened in 2018, when then-President Donald Trump granted the pardon. 

To honor its native son, Galveston has built Jack Johnson Park, which includes an imposing statue of Johnson, throwing a left hook. 

“With enemies all around him — white and even Black — who were terrified his boldness would cause them to become a target, Jack Johnson’s stand certainly created a wall of positive change,” the sculptor told The New York Times. “Not many people could dare to follow that act.”

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

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Health department’s budget request prioritizes training doctors, increasing health insurance coverage

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mississippitoday.org – Gwen Dilworth – 2024-12-26 06:00:00

New programs to train early-career doctors and help Mississippians enroll in health insurance are at the top of the state Department of Health’s budget wish list this year. 

The agency tasked with overseeing public health in the state is asking for $4.8 million in additional state funding, a 4% increase over last year’s budget appropriation. 

The department hopes to use funding increases to start three new medical residency programs across the state. The programs will be located in south central Mississippi, Meridian and the Delta and focus on internal and family medicine, obstetric care and rural training. 

The Office of Mississippi Physician Workforce, which the Legislature moved from UMMC to the State Department of Health last year, will oversee the programs. 

The office was created by the Legislature in 2012 and has assisted with the creation or supported 19 accredited graduate medical education programs in Mississippi, said health department spokesperson Greg Flynn. 

A $1 million dollar appropriation requested by the department will fund a patient navigation program to help people access health services in their communities and apply for health insurance coverage. 

People will access these services at community-based health departments, said Flynn. 

Patient navigators will help patients apply for coverage through Medicaid or the Health Insurance Marketplace, said Health Department Senior Deputy Kris Adcock at the Joint Legislative Budget Committee meeting on Sept. 26. 

“We want to increase the number of people who have access to health care coverage and therefore have access to health care,” she said. 

The Health Insurance Marketplace is a federally-operated service that helps people enroll in health insurance programs. Enrollees can access premium tax credits, which lower the cost of health insurance, through the Marketplace. 

The department received its largest appropriation from the state’s general fund in nearly a decade last year, illustrating a slow but steady rebound from drastic budget cuts in 2017 that forced the agency to shutter county health clinics and lay off staff. 

State Health Officer Dr. Daniel Edney said he is “begging for some help with inflationary pressure” on the department’s operations budget at the State Board of Health meeting Oct. 9, but additional funding for operations was not included in the budget request.

“They’re (lawmakers) making it pretty clear to me that they’re not really interested in putting more money in (operations) to run the agency, and I understand that,” he said. 

State agencies present budget requests to the Joint Legislative Budget Committee in September. The committee makes recommendations in December, and most appropriations bills are passed by lawmakers in the latter months of the legislative session, which ends in April. 

The Department of Health’s budget request will likely change in the new year depending on the Legislature’s preferences, Edney said Oct. 9. 

The state Health Department’s responsibilities are vast. It oversees health center planning and licensure, provides clinical services to underserved populations, regulates environmental health standards and operates infectious and chronic disease prevention programs.

Over half of the agency’s $600 million budget is funded with federal dollars. State funding accounts for just 15% of its total budget. 

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

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