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Will Supreme Court rely on ‘plain reading’ of law in two highly partisan cases?

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Two high-profile cases are pending where the nine justices on the Mississippi Supreme Court will decide whether to uphold the plain language of the law or find a reason to ignore that plain language.

In one case the justices are being asked to decide whether it is unconstitutional for the Legislature to pass a bill that gives public funds to private schools.

In the other, the justices are being asked to decide if it is OK for a candidate — Bob Hickingbottom — to wait 62 days after the deadline established in state law to appeal a decision of the state Democratic Executive Commission stating that he is ineligible to run for governor.

The two cases do not have much in common except for the fact that the language in the Mississippi code and state Constitution governing each issue is straight and direct. Also, both cases are highly partisan.

In general terms, Democrats oppose providing public funds to private schools. And many Republicans also badly want Hickingbottom to be on the August Democratic primary ballot to create additional work for Democratic gubernatorial frontrunner Brandon Presley.

In reality, the little-known Hickingbottom probably does not pose much of a threat, but any scenario that might make Presley’s road to the November general election more difficult or bumpy is viewed as a victory by Republicans.

In that particular case, the state Democratic Executive Committee ruled back in February that Hickingbottom was not eligible to run for governor. Hickingbottom can make a strong argument that the executive committee acted outside the law in denying him a spot on the Democratic primary ballot. The committee ruled that because he did not file his statements of economic interest with the Ethics Commission or file campaign finance reports in previous elections, he was ineligible.

Apparently, under Mississippi law, not filing a campaign finance report or not filing a statement of economic interest so voters can know a candidate’s financial ties and conflicts does not disqualify a person from running for office. That in itself might say something about the lack of seriousness the Mississippi Legislature places on transparency and ethics.

Nonetheless, Hickingbottom appeared to have a legitimate reason for the appeal of the Democratic executive committee’s decision.

But the question before the Supreme Court could hinge a lot more on the law that states how long Hickingbottom had to file the appeal.

The law reads: “Any party aggrieved by the action or inaction of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the executive committee whose decision is being reviewed sits. The petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee.”

Hickingbottom waited 77 days — not 15 — to file his appeal.

In ruling in favor of Hickingbottom, Hinds County Circuit Judge Forrest Johnson Jr. said the law establishing a deadline to appeal is not that important.

“The right of citizens to run for elected office, while not yet recognized on the same level as voting itself, is at least a quasi-fundamental pillar of our democracy,” the judge wrote. “More democracy is better than less democracy. In summary, the plaintiff’s right to ballot access in this case prevails over his delay in seeking relief from this court.”

In other words, the judge is saying it is OK to ignore some laws. Using that logic, perhaps it would be OK for people to continue to vote past Election Day or to ignore provisions requiring a voter ID. After all, more democracy is better than less democracy.

At any rate, the executive committee of the state Democratic Party is asking the Supreme Court to take the plain language of the law and overturn Johnson’s decision.

In the other case, the state Constitution plainly reads: “No religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.”

That no funds should be appropriated to a school that is not a free school seems clear in the law.

Based on the proverbial “plain language” arguments that judges like to cite, both cases appear to be slam dunks.

Judges often say they look first at and follow the “the plain language” of the law in deciding a case. But in recent years, Mississippi Supreme Court justices have been inconsistent in adhering to that “plain language” principle.

With two highly partisan cases before the high court, the question is: Which reading will the justices take?

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

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mississippitoday.org – Jerry Mitchell – 2024-12-22 07:00:00

Dec. 22, 1997

Myrlie Evers and Reena Evers-Everette cheer the jury verdict of Feb. 5, 1994, when Byron De La Beckwith was found guilty of the 1963 murder of Mississippi NAACP leader Medgar Evers. Credit: AP/Rogelio Solis

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.

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Mississippi Today

Medicaid expansion tracker approaches $1 billion loss for Mississippi

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mississippitoday.org – Bobby Harrison – 2024-12-22 06:00:00

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.

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Mississippi Today

On this day in 1911

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mississippitoday.org – Jerry Mitchell – 2024-12-21 07:00:00

Dec. 21, 1911

A colorized photograph of Josh Gibson, who was playing with the Homestead Grays Credit: Wikipedia

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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