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The purposefully broken lawmaking process in Jackson 

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The purposefully broken lawmaking process in Jackson 

Note: This analysis was first published in Mississippi Today’s weekly legislative newsletter. Subscribe to our free newsletter for exclusive early access to legislative analyses and up-to-date information about what’s happening under the Capitol dome.

Think back to grade school and Mississippi civics lessons about our representative form of government. The steps of passing laws at the state level are simple, uniform and designed to give voters — not the representatives they elect — all the power:

  1. Voters of all backgrounds and viewpoints in every area of the state elect lawmakers to represent their interests in Jackson.
  1. Those lawmakers join their colleagues at the Capitol once a year to partake in a very detailed lawmaking and budgeting process designed to give everyone an equal shot at passing or debating bills.
  1. That lawmaking process is completely open to the public, ensuring complete transparency and that those representatives are, indeed, representing the voting public’s interests — that nothing untoward is happening behind closed doors.
  1. Bills are passed into law based on a majority vote (or three-fifths vote for spending bills), ensuring that at least a majority of people across Mississippi have a true representative say in the lawmaking process.

What a great way to do the public’s business, right? Unfortunately, in Mississippi, this civics lesson is nothing more than a farce — a bright-eyed fantasy about how things perhaps should work. Many understand how broken the legislative process has become in Washington, but it’s arguably worse in Jackson.

The reality is that it’s never worked the way we’ve been taught. And a progressively more broken system of lawmaking has been implemented over the past 12 years by Republican legislative leaders who, with sweeping rules changes and unchecked power grabs, have created the grandest illusion in state politics: that our old civics lesson is reality.

Here’s how lawmaking really works inside your state Capitol:

  1. Voters in every area of the state do elect lawmakers, but the districts are carefully drawn by Republican leaders every 10 years to ensure that only Republican voters’ beliefs are represented at the Capitol — that a GOP supermajority (three-fifths of both the House and Senate) have votes to pass any bill they want and can maintain complete power in Jackson. This doesn’t just suppress the ideals of Democrats across the state, but it also hurts Republicans who represent more moderate or more conservative districts than the GOP establishment leadership.
  1. The specific lawmaking process still on the books has been completely tossed aside for a newer, unwritten process. Are you a Democratic lawmaker? You’re completely powerless inside the Capitol and your views mean nothing. Are you a Republican representing a more moderate district with voters who disagree with a lot of things the most conservative party leaders believe? You’re even more powerless at the Capitol. Major pieces of legislation typically aren’t unveiled until the eleventh hour, and Republican leaders use hard deadlines to give rank-and-file members of both parties virtually no time to read or understand what they’re voting on. If they don’t vote with leadership, the leadership will punish them by further shutting them out of the process.
  1. The brunt of the lawmaking process is nearly exclusively conducted behind closed doors, meaning voters are usually unaware of what business their elected representatives are truly conducting. If anyone in the general public wants to know what ideas or proposed legislation their city council members, their mayor or even their state governor is writing or sharing with colleagues, they can request and receive those records. But not state lawmakers, who have long exempted themselves from their own public records laws. What’s worse, a recent Ethics Commission opinion says that lawmakers are not bound to the Open Meetings Act, a state law that mandates elected officials conduct public business in public. House Republicans have, for years, unabashedly met behind closed doors to debate and even vote on major legislation that they’re then expected to pass in public a few minutes later. Senate leaders, too, have gotten used to operating in secrecy in recent years, particularly during the conference committee process late in the session when the most important bills are debated by just six lawmakers behind closed doors.
  1. Bills are, indeed, passed into law based on a majority vote (or three-fifths vote for spending bills), but Republicans in both chambers are often expected to vote “yea” even if they don’t know what is in the bills. Typically the biggest, most impactful bills are rushed — stuffed down the throats of rank-and-file lawmakers of both parties who were purposefully kept out of the writing and debating process. In effect, even the majority of Mississippians represented by that Republican majority could not get adequate answers about bills from their representatives if they tried. And if they’re really being honest, many Republican lawmakers would admit after voting bills into law that they didn’t agree with the bill’s premise or wish they would have had more time to better understand the effects.

Don’t just take it from me. Take it from a two-term Republican lawmaker who recently announced his retirement and has decided to get honest with his constituents about what the Mississippi Legislature has become.

In a harrowing Jan. 10 email to his constituents, GOP state Rep. Dana Criswell wholly concedes that the secretive process from House Republican leadership has stripped power from the public. The purpose of Criswell’s email, in fact, is to ask the public to help him and his Republican colleagues read bills because they aren’t given enough time. Seriously. Here’s how his email begins:

A common complaint among legislators is a lack of time to actually read bills. The tactic used by leadership in nearly every legislative body is to overwhelm legislators so they don’t know what is in the bills. This leaves legislators simply following leadership and voting however they are told. One term used in the Mississippi House is “vote bottom right.” If you look at the voting board in the House, you will see “Speaker” at the bottom right. Many legislators simply look at what the Speaker is doing and vote with him.

When faced with over 2,500 bills during the 3 month legislative session, committee chairmen who refuse to provide agendas for bills being considered and a Speaker who regularly suspends the rules and brings up bills for a vote in hours instead of days, legislators are left voting for bills they have never read. Unfortunately, a large majority of legislators just don’t care because they are too busy going to dinner and living the high life off of a lobbyist to spend time reading bills and making informed decisions. But there are a few of us who believe it is our job to be informed and make the best decision possible before casting our vote.

When I first arrived at the Mississippi legislature, I was determined to read bills and know what I was voting for or against. I spent hours every night reading bills that were assigned to my committees only to find out the chairman wasn’t considering any of the bills I had read.

Experience helped me prepare. I learned to eliminate some bills authored by Democrats that were never going to pass and I learned to speed read bills by finding the underlined portions which indicate new language to a code section of law. But none of this solved the problem and completely helped me make informed decisions.

So, I made an agreement with a couple of other legislators to divide the bills among ourselves. We would meet once or twice a week to discuss and inform each other about the bills we had read. While this method helped, we were still behind and found it impossible to read everything we needed to read. I’m pretty sure one of us made a statement similar to, “Reading these bills is a full-time job.”

– GOP Rep. Dana Criswell in a Jan. 10, 2023, email to his constituents.

Republican Lt. Gov. Delbert Hosemann, in his first term as president of the Senate, deserves credit with all this. He sees the broken system clearer than anyone. He inherited a Senate in 2020 that had been ruled for the previous eight years by now-Gov. Tate Reeves, who worked alongside current Speaker of the House Philip Gunn to create this more extreme way of doing things.

Since Hosemann took office, though, he’s implemented several changes to increase transparency like live-streaming committee meetings, halting closed door Senate Republican Caucus meetings that had become commonplace under Reeves’ leadership, and asking Senate committee chairs to publicly post their agendas at least 24 hours in advance. Hosemann has publicly floated reforms to the rushed budgeting process, the absolute epitome of the backwards process laid out above, when no more than six Republican lawmakers decide how to appropriate $7 billion in one single weekend every year.

Despite Hosemann’s best efforts, Senate leaders are still operating in the secretive system that Reeves helped build and are still having to contend with Gunn and his House leaders’ open flaunting of the old civics lesson.

Democrats, of course, have no voice whatsoever in the lawmaking process. For decades now, they’ve decried this system and have filed numerous bills to improve legislative workflow and transparency. But proof positive of their complete lack of influence: In the past 12 legislative sessions, none of those bills have even been considered or debated in Republican-led committees, let alone passed into law.

The losers of this broken system, of course, are everyday Mississippians. Because only a handful of Republican lawmakers have all the power, there’s no space for compromise or productive debate of legislation that affects every single resident for generations to come. Because these leaders operate and thrive in secrecy, Mississippians cannot know the true intentions of the ones in power, and there’s no way of knowing which lobbyists or out-of-state interest groups may have direct influence over what gets passed into law.

And, in turn, Mississippians cannot make truly informed decisions at the polls every four years.

So the brokenness continues. And it continues. And it continues. And it continues.

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

Mississippi Today

On this day in 1898

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mississippitoday.org – Jerry Mitchell – 2025-02-22 07:00:00

Feb. 22, 1898

Lavinia Baker and her five surviving children. A white mob set fire to their house and fatally shot and killed her husband, Frazier Baker, and baby girl Julia on Feb. 22, 1898. Left to right: Sarah; Lincoln, Lavinia; Wille; Cora, Rosa Credit: Wikipedia

Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked

When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him. 

Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area. 

Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment. 

McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed. 

In 2019, the Lake City post office was renamed to honor Frazier Baker. 

“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”

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

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Memorial Health System takes over Biloxi hospital, what will change?

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mississippitoday.org – Roy Howard Community Journalism Center – 2025-02-21 15:22:00

by Justin Glowacki  with contributions from Rasheed Ambrose, Javion Henry, McKenna Klamm, Matt Martin and Aidan Tarrant

BILOXI – On Feb. 1, Memorial Health System officially took over Merit Health Biloxi, solidifying its position as the dominant healthcare provider in the region. According to Fitch Ratings, Memorial now controls more than 85% of the local health care market.

This isn’t Memorial’s first hospital acquisition. In 2019, it took over Stone County Hospital and expanded services. Memorial considers that transition a success and expects similar results in Biloxi.

However, health care experts caution that when one provider dominates a market, it can lead to higher prices and fewer options for patients.

Expanding specialty care and services

Kristian Spear, Hospital Administrator at Memorial Hospital Biloxi, speaks on the hospital’s acquisition and future goals for improvement. (RHCJC News)

One of the biggest benefits of the acquisition, according to Kristian Spear, the new administrator of Memorial Hospital Biloxi, will be access to Memorial’s referral network.

By joining Memorial’s network, Biloxi patients will have access to more services, over 40 specialties and over 100 clinics.

“Everything that you can get at Gulfport, you will have access to here through the referral system,” Spear said.

One of the first improvements will be the reopening of the Radiation Oncology Clinic at Cedar Lake, which previously shut down due to “availability shortages,” though hospital administration did not expand on what that entailed.

“In the next few months, the community will see a difference,” Spear said. “We’re going to bring resources here that they haven’t had.”

Beyond specialty care, Memorial is also expanding hospital services and increasing capacity. Angela Benda, director of quality and performance improvement at Memorial Hospital Biloxi, said the hospital is focused on growth.

“We’re a 153-bed hospital, and we average a census of right now about 30 to 40 a day. It’s not that much, and so, the plan is just to grow and give more services,” Benda said. “So, we’re going to expand on the fifth floor, open up more beds, more admissions, more surgeries, more provider presence, especially around the specialties like cardiology and OB-GYN and just a few others like that.”

For patient Kenneth Pritchett, a Biloxi resident for over 30 years, those changes couldn’t come soon enough.

Keneth Pritchett, a Biloxi resident for over 30 years, speaks on the introduction of new services at Memorial Hospital Biloxi. (RHCJC News) Credit: Larrison Campbell, Mississippi Today

Pritchett, who was diagnosed with congestive heart failure, received treatment at Merit Health Biloxi. He currently sees a cardiologist in Cedar Lake, a 15-minute drive on the interstate. He says having a cardiologist in Biloxi would make a difference.

“Yes, it’d be very helpful if it was closer,” Pritchett said. “That’d be right across the track instead of going on the interstate.”

Beyond specialty services and expanded capacity, Memorial is upgrading medical equipment and renovating the hospital to improve both function and appearance. As far as a timeline for these changes, Memorial said, “We are taking time to assess the needs and will make adjustments that make sense for patient care and employee workflow as time and budget allow.”

Unanswered questions: insurance and staffing

As Memorial Health System takes over Merit Health Biloxi, two major questions remain:

  1. Will patients still be covered under the same insurance plans?
  2. Will current hospital staff keep their jobs?

Insurance Concerns

Memorial has not finalized agreements with all insurance providers and has not provided a timeline for when those agreements will be in place.

In a statement, the hospital said:

“Memorial recommends that patients contact their insurance provider to get their specific coverage questions answered. However, patients should always seek to get the care they need, and Memorial will work through the financial process with the payers and the patients afterward.”

We asked Memorial Health System how the insurance agreements were handled after it acquired Stone County Hospital. They said they had “no additional input.”

What about hospital staff?

According to Spear, Merit Health Biloxi had around 500 employees.

“A lot of the employees here have worked here for many, many years. They’re very loyal. I want to continue that, and I want them to come to me when they have any concerns, questions, and I want to work with this team together,” Spear said.

She explained that there will be a 90-day transitional period where all employees are integrated into Memorial Health System’s software.

“Employees are not going to notice much of a difference. They’re still going to come to work. They’re going to do their day-to-day job. Over the next few months, we will probably do some transitioning of their computer system. But that’s not going to be right away.”

The transition to new ownership also means Memorial will evaluate how the hospital is operated and determine if changes need to be made.

“As we get it and assess the different workflows and the different policies, there will be some changes to that over time. Just it’s going to take time to get in here and figure that out.”

During this 90-day period, Erin Rosetti, Communications Manager at Memorial Health System said, “Biloxi employees in good standing will transition to Memorial at the same pay rate and equivalent job title.”

Kent Nicaud, President and CEO of Memorial Health System, said in a statement that the hospital is committed to “supporting our staff and ensuring they are aligned with the long-term vision of our health system.”

What research says about hospital consolidations

While Memorial is promising improvements, larger trends in hospital mergers raise important questions.

Research published by the Rand Corporation, a nonprofit, nonpartisan research organization, found that research into hospital consolidations reported increased prices anywhere from 3.9% to 65%, even among nonprofit hospitals.

Source: Liu, Jodi L., Zachary M. Levinson, Annetta Zhou, Xiaoxi Zhao, PhuongGiang Nguyen, and Nabeel Qureshi, Environmental Scan on Consolidation Trends and Impacts in Health Care Markets. Santa Monica, CA: RAND Corporation, 2022.

The impact on patient care is mixed. Some studies suggest merging hospitals can streamline services and improve efficiency. Others indicate mergers reduce competition, which can drive up costs without necessarily improving care.

When asked about potential changes to the cost of care, hospital leaders declined to comment until after negations with insurance companies are finalized, but did clarify Memorial’s “prices are set.”

“We have a proven record of being able to go into institutions and transform them,” said Angie Juzang, Vice President of Marketing and Community Relations at Memorial Health System.

When Memorial acquired Stone County Hospital, it expanded the emergency room to provide 24/7 emergency room coverage and renovated the interior.

When asked whether prices increased after the Stone County acquisition, Memorial responded:

“Our presence has expanded access to health care for everyone in Stone County and the surrounding communities. We are providing quality healthcare, regardless of a patient’s ability to pay.”

The response did not directly address whether prices went up — leaving the question unanswered.

The bigger picture: Hospital consolidations on the rise

According to health care consulting firm Kaufman Hall, hospital mergers and acquisitions are returning to pre-pandemic levels and are expected to increase through 2025.

Hospitals are seeking stronger financial partnerships to help expand services and remain stable in an uncertain health care market.

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Source: Kaufman Hall M&A Review

Proponents of hospital consolidations argue mergers help hospitals operate more efficiently by:

  • Sharing resources.
  • Reducing overhead costs.
  • Negotiating better supply pricing.

However, opponents warn few competitors in a market can:

  • Reduce incentives to lower prices.
  • Slow wage increases for hospital staff.
  • Lessen the pressure to improve services.

Leemore Dafny, PhD, a professor at Harvard and former deputy director for health care and antitrust at the Federal Trade Commission’s Bureau of Economics, has studied hospital consolidations extensively.

In testimony before Congress, she warned: “When rivals merge, prices increase, and there’s scant evidence of improvements in the quality of care that patients receive. There is also a fair amount of evidence that quality of care decreases.”

Meanwhile, an American Hospital Association analysis found consolidations lead to a 3.3% reduction in annual operating expenses and a 3.7% reduction in revenue per patient.

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

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Adopted people face barriers obtaining birth certificates. Some lawmakers point to murky opposition from judges

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mississippitoday.org – Michael Goldberg – 2025-02-21 10:00:00

When Judi Cox was 18, she began searching for her biological mother. Two weeks later she discovered her mother had already died. 

Cox, 41, was born in Gulfport. Her mother was 15 and her father didn’t know he had a child. He would discover his daughter’s existence only when, as an adult, she took an ancestry test and matched with his niece. 

It was this opaque family history, its details coming to light through a convergence of tragedy and happenstance, that led Cox to seek stronger legal protections for adopted people in Mississippi. Ensuring adopted people have access to their birth certificates has been a central pillar of her advocacy on behalf of adoptees. But legislative proposals to advance such protections have died for years, including this year.  

Cox said the failure is an example of discrimination against adopted people in Mississippi — where adoption has been championed as a reprieve for mothers forced into giving birth as a result of the state’s abortion ban. 

“A lot of people think it’s about search and reunion, and it’s not. It’s about having equal rights. I mean, everybody else has their birth certificate,” Cox said. “Why should we be denied ours?”

Mississippi lawmakers who have pushed unsuccessfully for legislation to guarantee adoptees access to their birth certificate have said, in private emails to Cox and interviews with Mississippi Today, that opposition comes from judges.

 “There are a few judges that oppose the bill from what I’ve heard,” wrote Republican Sen. Angela Hill in a 2023 email. 

Hill was recounting opposition to a bill that died during the 2023 legislative session, but a similar measure in 2025 met the same fate. In an interview this month, Hill said she believed the political opposition to the legislation could be bound up with personal interest.

“Somebody in a high place doesn’t want an adoption unsealed,” Hill said. “I don’t know who we’re protecting from somebody finding their birth parents,” Hill said. “But it leads you to believe some people have a very strong interest in keeping adoption records sealed. Unless it’s personal, I don’t understand it.”

In another 2023 email to Cox reviewed by Mississippi Today, Republican Rep. Lee Yancey wrote that some were concerned the bill “might be a deterrent to adoption if their identities were disclosed.”

The 2023 legislative session was the first time a proposal to guarantee adoptees access to their birth certificates was introduced under the state’s new legal landscape surrounding abortion.

In 2018, Mississippi enacted a law that banned most abortions after 15 weeks. The state’s only abortion clinic challenged the law, and that became the case that the U.S. Supreme Court used in 2022 to overturn Roe v. Wade, its landmark 1973 ruling that established a nationwide right to abortion.

Roe v. Wade had rested in part on a woman’s right to privacy, a legal framework Mississippi’s Solicitor General successfully undermined in Dobbs v. Jackson Women’s Health Organization. Before that ruling, anti-abortion advocates had feared allowing adoptees to obtain their birth certificates could push women toward abortion rather than adoption.

Abortion would look like a better option for parents who feared future contact or disclosure of their identities, the argument went. With legal access to abortion a thing of the past in Mississippi, Cox said she sees a contradiction.

“Mississippi does not recognize privacy in that matter, as far as abortions and all that. So if you don’t acknowledge it in an abortion setting, how can you do it in an adoption setting?” Cox said. “You can’t pick and choose whether you’re going to protect my privacy.”

Opponents to legislation easing access to birth certificates for adoptees have also argued that such proposals would unfairly override previous affidavits filed by birth parents requesting privacy.

The 2025 bill, proposed by Republican Rep. Billy Calvert, would direct the state Bureau of Vital Records to issue adoptees aged 21 and older a copy of their original birth certificate.

The bill would also have required the Bureau to prepare a form parents could use to indicate their preferences regarding contact from an adoptee. That provision, along with existing laws that guard against stalking, would give adoptees access to their birth certificate while protecting parents who don’t wish to be contacted, Cox said.

In 2021, Cox tried to get a copy of her birth certificate. She asked Lauderdale County Chancery Judge Charlie Smith, who is now retired, to unseal her adoption records. The Judge refused because Cox had already learned the identity of her biological parents, emails show.

“With the information that you already have, Judge Smith sees no reason to grant the request to open the sealed adoption records at this time,” wrote Tawanna Wright, administrator for the 12th District Chancery Court in Meridian. “If you would like to formally file a motion and request a hearing, you are certainly welcome to do so.”

In her case and others, judges often rely on a subjective definition of what constitutes a “good cause” for unsealing records, Cox said. Going through the current legal process for unsealing records can be costly, and adoptees can’t always control when and how they learn the identity of their biological parents, Cox added.

After Cox’s biological mother died, her biological uncle was going through her things and came across the phone number for Cox’s adoptive parents. He called them.

“My adoptive mom then called to tell me the news — just hours after learning I was expecting my first child,” Cox said.

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

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