Mississippi Today
Private schools forget their racist origins in trying to collect public funds
Thick with irony is the Midsouth Association of Independent Schools’ contention that the provision of the Mississippi Constitution plainly stating that public funds cannot go to private schools should be ruled invalid by the courts because of its racist origins.
Perhaps the schools that make up the association should look in the mirror. Many, but not all, of the 125 Mississippi private schools in the association trace their beginnings to the 1950s and 1960s and their founders’ objections to the school desegregation mandated by federal courts. The Midsouth Association of Independent Schools previously was known as the Mississippi Private School Association, which was started in the 1960s by parents and others who did not want white Mississippians to go to integrated schools.
That nugget of truth was omitted by Buck Dougherty, an attorney with the Chicago-based Liberty Justice Center, in arguing last week before the state Supreme Court that Section 208 was enacted as part of the 1890 Constitution for racist reasons and thus should be ruled invalid. Dougherty was making his ironic argument on behalf of the aforementioned Midsouth Association of Independent Schools, which in 2022 received $10 million in public funds now in question before the state’s high court.
READ MORE: Supreme Court hears oral arguments in lawsuit challenging public money to private schools
Dougherty said in a news release that Section 208 of the Mississippi Constitution “targeted independent schools that dared to teach Catholic immigrants and newly freed slaves to read and write, and there’s no way to sidestep that ugly past. Ultimately, the tension between this discriminatory provision in Mississippi’s Constitution and the U.S. Constitution has been festering for a century, and the Court must resolve that tension.”
It is true that Mississippi is one of more than 30 states with so-called Blaine Amendments that were passed in an effort to keep public funds from going to Catholic schools. But Mississippi is unique in that it is one of only two states with a constitutional provision that prevents not only public money from going to religious or sectarian schools, but also to any school “not conducted as a free school.”
Let’s give the Midsouth Association of Independent Schools the benefit of the doubt. It could be argued that most of the private schools today do not discriminate against Black Mississippians. It also is a fact that Section 208 of the constitution does not cause discrimination against minority students, considering that Black students and other minority groups make up a slim majority of the about 440,000 students in the public schools and white students compose the overwhelming majority of the about 45,000 students attending private schools in Mississippi.
In other words, it is difficult to claim, as the Liberty Justice Center is attempting to do, that the state constitution, which prevents public funds from going to private schools, discriminates against Black students since a narrow majority of public school enrollment is composed of Black and minority groups, while the vast majority of private school enrollment is white. The plain and simple fact is that public money going to private schools is going to majority white schools, while public money going to public schools is going to majority-minority schools.
Perhaps the Midsouth Association of Independent Schools and Section 208 of the state constitution have something in common — maybe they both were created with racist intent, but neither is racially motivated now.
READ MORE: Lawmakers spent public money on private schools. Does it violate the Mississippi Constitution?
The current lawsuit is not the first involving public money going to private schools and Section 208 of the Mississippi Constitution. In 1964, during the height of efforts to circumvent federal court orders to desegregate Mississippi public schools, the Legislature passed a law that offered tuition for students to attend private schools in clear violation of Section 208.
The U.S. 5th Circuit Court of Appeals found that law unconstitutional in 1969. The federal court said that the “tuition grants have fostered the creation of private segregated schools. The statute, as amended, encourages, facilitates, and supports the establishment of a system of private schools operated on a racially segregated basis as an alternative available to white students seeking to avoid desegregated public schools.”
The ruling pointed out that when the Mississippi law was enacted, there were three non-sectarian private schools in the state. But three years later, thanks in large part to the tuition grants and the efforts to avoid integrated schools, there were 45.
If someone doubts the findings of the 5th Circuit, look at the website of the Midsouth Association of Independent Schools. It points out that the formation of the Mississippi Private School Association, which later changed its name to the Midsouth Association of Independent Schools, was precipitated in large part because of that 5th Circuit court ruling.
“That lawsuit, as well as other seismic political and social revolutions in states and communities orchestrated at the federal level, motivated a group of men to meet in Greenwood, MS, and there to draw up a draft of bylaws and a charter of incorporation for the Mississippi Private School Association,” according to the organization’s own website.
Pot meet kettle.
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 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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