Mississippi Today
U.S. Supreme Court ends efforts to right wrongs of the 1890 Mississippi Constitution
For decades, starting primarily in the 1950s, the federal courts have stepped in to right the wrongs of Mississippi’s racist 1890 Constitution.
Let it be known that on June 30, 2023, the U.S. Supreme Court said in its view the wrongs had already been corrected. The nation’s highest court announced its refusal on that day to hear a case challenging the centuries-old Mississippi Constitution provision that imposes a lifetime ban on voting for people convicted of certain felonies.
The provision, it was clear at the time — even boasted by the framers of that 1890 constitution — was enacted as one of the many tools to keep Black Mississippians from voting.
There was a racist belief then that African Americans were more prone to commit certain crimes, so they imposed the lifetime felony voting ban. At the time, the provision imposed a lifetime voting ban on a person convicted of bigamy or perjury, for instance, but not for someone who committed murder or rape.
The Mississippi Center for Justice and other groups that filed the lawsuit in 2017 on behalf of people who have lost their right to vote argued before the federal court that because of the racist origin of the provision, it should be struck down. The federal courts in landmark cases have struck down other Mississippi constitutional provisions designed to keep African Americans from voting, such as the poll tax and so-called literacy tests. And, of course, other provisions of the state’s 1890 Constitution not related to voting, such as the absurdly labeled separate-but-equal schools, have been famously invalidated by the federal court.
READ MORE: Few options remain for Mississippians convicted of certain felonies to regain voting rights
The Supreme Court justices did not say why they refused to hear the felony suffrage case.
But a majority of the U.S. 5th Court of Appeals ruled in 2022 the provision was not unconstitutional because “the racial taint” from 1890 had been removed by actions taken in the 1950s and 1960s by the Mississippi Legislature. The 5th Circuit reasoned that legislators passed resolutions approved by voters to add murder and rape as disenfranchising crimes. The changes removed the racial taint, the judicial majority ruled. Notably, the electorate was not given an opportunity to vote on whether to keep the original racially motivated crimes as disenfranchising crimes.
So, some including Supreme Court Justice Ketanji Brown, who disagreed with the majority decision not to hear the case, questioned whether the racial taint had been removed.
“Constitutional wrongs do not right themselves,” she wrote.
Those who say the racial taint had been removed perhaps would have a stronger argument if the Legislature would allow voters to decide if they want to maintain the provision banning people from voting for life even after they complete their sentence. Most other states — more than 40 — do not have lifetime bans on voting.
In 2020 Mississippians were given an opportunity by the Legislature to remove another provision placed in the 1890 Constitution to discriminate against Black people. And given the opportunity, Mississippians by an overwhelming majority — 79% to 21% — voted to remove the provision.
The provision required all elections for statewide office to be decided by the Mississippi House if a candidate did not obtain a majority vote and win a majority of the 122 House districts. The provision was placed in the Constitution to prevent Black residents, who were a majority at the time, from winning statewide office. The framers also had drawn House districts in a manner to keep Black candidates from winning a majority of them, thus making it difficult for African American statewide candidates to gain approval from the House.
Of course, voters had the opportunity to repeal the provision thanks to the action of the courts.
U.S. District Judge Daniel Jordan of Mississippi’s Southern District told state officials if they did not remove the provision that he might be inclined to do so himself. But first, he said, he hoped the Legislature would give the citizens the opportunity to remove the provision.
The federal courts took no such action on felony suffrage.
While the federal courts appear to have stopped its crusade on the racist provisions of the Mississippi Constitution, federal judges now are being asked to strike what some say is a racist Mississippi law. The law takes away the right to elect judges to newly created judicial posts in predominantly African American Hinds County and instead gives the white state Supreme Court chief justice the authority to appoint those judges. The right to elect judges is not taken away in any other area of the state except for Hinds County, where Black residents make up 75% of the population.
Whether the federal courts see a racial taint in the controversial law remains to be seen.
READ MORE: Key GOP lawmaker says ‘it’s past time’ to address Mississippi’s lifetime felony voting ban
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 1908
Dec. 26, 1908
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.
Mississippi Today
Health department’s budget request prioritizes training doctors, increasing health insurance coverage
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.
Mississippi Today
On this day in 1956
Dec. 25, 1956
Fred Shuttlesworth somehow survived the KKK bombing that took out his home next to the Bethel Baptist Church in Birmingham, Alabama.
An arriving policeman advised him to leave town fast. In the “Eyes on the Prize” documentary, Shuttlesworth quoted himself as replying, “Officer, you’re not me. You go back and tell your Klan brethren if God could keep me through this, then I’m here for the duration.’”
Shuttlesworth and Bethel saw what happened as proof that they would be protected as they pursued their fight against racial injustice. The next day, he boarded a bus with other civil rights activists to challenge segregation laws that persisted, despite a U.S. Supreme Court decision that ordered the city of Montgomery, Alabama, to desegregate its bus service.
Months after this, an angry mob of Klansmen met Shuttlesworth after he tried to enroll his daughters into the all-white school in Birmingham. They beat him with fists, chains and brass knuckles. His wife, Ruby, was stabbed in the hip, trying to get her daughters back in the car. His daughter, Ruby Fredericka, had her ankle broken. When the examining physician was amazed the pastor failed to suffer worse injuries, Shuttlesworth said, “Well, doctor, the Lord knew I lived in a hard town, so he gave me a hard head.”
Despite continued violence against him and Bethel, he persisted. He helped Martin Luther King Jr. found the Southern Christian Leadership Conference and was instrumental in the 1963 Birmingham Campaign that led to the desegregation of downtown Birmingham.
A statue of Shuttlesworth can be seen outside the Birmingham Civil Rights Institute, and Birmingham’s airport bears his name. The Bethel church, which was bombed three times, is now a historic landmark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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