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NAACP files lawsuit arguing HB1020 violates US Constitution

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NAACP files lawsuit arguing HB1020 violates US Constitution

The ink was barely dry on Gov. Tate Reeves' signature of legislation designed to create a separate judicial and law enforcement district within the city of Jackson before the NAACP filed a lawsuit challenging the constitutionality of the new laws.

Reeves signed controversial House Bill 1020 and its companion legislation Senate Bill 2343 on Friday afternoon. Later that day, the chapter of the National Association for the Advancement of Colored People filed lawsuit in federal court of the Southern District of Mississippi.

“These laws target Jackson's majority-Black on the basis of race for a separate and unequal policing structure and criminal justice system to which no other residents of the state are subjected,” the lawsuit reads.

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Earlier this year the legislation generated national attention by creating a separate judicial district in the whiter and more affluent of Jackson, the nation's Blackest large city. The legislation calls for judges in the district to be appointed by the white chief justice of the Supreme Court instead of elected by the city's majority Black voters.

The legislation also expands the borders of the existing Capital Complex Improvement District to encompass more of the whiter and more affluent areas of the city and expands the jurisdiction of the state law enforcement. The state police, under the authority of the state-run Mississippi Department of Public Safety, will have primary jurisdiction in the capital complex area and secondary jurisdiction throughout the city.

According to the lawsuit, the new laws expand “the CCID to approximately 17.5 square miles to include roughly half of the white population of Jackson, when only 15 percent of the entire population of Jackson is white.”

During sharply divisive debate on the legislation in the recently completed 2023 , both Reps. Robert Johnson, D-Natchez, and Blackmon, D-Canton, said they were speaking on the House floor “to make a record” for the lawsuits that would be filed.

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Among those filing the lawsuit were the national, state and city chapters of the NAACP. Included as a plaintiff in the lawsuit is Derrick Johnson, who is the national president of the NAACP and a Jackson .

In signing the legislation Friday afternoon, Reeves said, “The fact is that Jackson has so much potential. It is our capital city and the heart of our state … But Jackson has to be better.  Jackson should be so safe that it is a magnet for talented young people to come and live and work and create.

“This legislation won't solve the entire problem, but if we can stop one shooting, if we can respond to one more 911 call – then we're one step closer to a better Jackson. I refuse to accept the status quo. As long as I'm governor, the state will keep fighting for safer streets for every Mississippian no matter their politics, race, creed, or religion – regardless of how we're portrayed by liberal activists or in the national media.”

In a release, the governor went on to highlight Jackson's crime problem, citing numerous statistics, including the claim that Jackson makes up 6% of the state's population but accounts for 50% of Mississippi's homicides.

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Many quickly rebutted Reeves' cited statistics. Brannon Miller, who runs Mississippi-based Democratic political consultant firm Chism Strategies, pointed out Reeves' statistics were misleading.

Miller said that based on statistics from the federal Centers for Disease Control, “Mississippi had 576 murders in 2020 – the highest murder rate of any state,” and 128 of those or 22% were in Jackson. “And to be clear, that's really high,” Miller wrote. “But even if you take Jackson out of the statistics, Mississippi would still be No. 2 in murder rate.”

Only one of the 53 Black members of the Legislature supported the bills. Black lawmakers conceded that Jackson has a crime problem and most agreed some type of state help was warranted. But they argued that members of the Jackson delegation were denied the to have input in what that help would be. They said white legislators routinely are consulted when legislation is drafted impacting their constituents.

Plus, African American legislators said the help should not include taking away the vote from Jackson's Black majority population.

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Most white members of the Legislature supported the legislation that had the backing of House and Senate Republican leaders. They argued there was no racial intent in the legislation, but only a good faith effort to solve an agreed-upon crime problem in the state's largest and capital city.

The Senate leadership did win an argument to make the appointed judges temporary instead of permanent as was proposed by House leaders.

In the lawsuit, the NAACP makes an equal protection argument, saying it is discriminatory to force something on the residents of Jackson, including a large African American majority, that does not apply to other citizens of the state.

The lawsuit reads, “H.B. 1020 deprives and disenfranchises the predominantly Black population of Jackson of the rights accorded to every other Mississippi resident.”

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The lawsuit also contends the bills make it more difficult to hold peaceful protests within the Capital Complex Improvement District, which includes the Capitol, Governor's Mansion and other state buildings.

While the lawsuit was filed in federal court on the grounds the bills are in conflict with the U.S. Constitution, there is an argument that the legislation also violates the state Constitution that calls for elected judges. That argument, though, might have been more convincing under the original bill when the judges were appointed permanently.

Past legislation impacting the city of Jackson already is being challenged in court. A lawsuit was filed in past years after the Legislature stripped the Jackson municipal government of some of its governing authority of the Jackson- Medgar Wiley Evers International Airport.

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

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=236369

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Mississippi Today

On this day in 1951

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April 28, 1951

Ruby Hurley Credit: Wikipedia

Ruby Hurley opened the first permanent office of the NAACP in the South.

Her introduction to activism began when she helped organize Marian Anderson's 1939 concert at the Lincoln Memorial. Four years later, she became national youth secretary for the NAACP. In 1951, she opened the organization's office in Birmingham to grow memberships in Alabama, Florida, Georgia, Mississippi and Tennessee.

When she arrived in Mississippi, there were only 800 NAACP members. After the governor made remarks she disagreed with, she wrote a letter to the editor that was published in a Mississippi newspaper. After that step in courage, membership grew to 4,000.

“They were surprised and glad to find someone to the governor,” she told the Chicago Defender. “No Negro had ever challenged the governor before.”

She helped Medgar Evers investigate the 1955 murder of Emmett Till and other violence against Black Americans. Despite threats, she pushed on.

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“When you're in the middle of these situations, there's no room for fear,” she said. “If you have fear in your heart or mind, you can't do a good job.”

After an all-white jury acquitted Till's killers, she appeared on the front of Jet magazine with the headline, “Most Militant Negro Woman in the South.”

Months later, she helped Autherine Lucy become the first Black student at the of Alabama.

For her work, she received many threats, a bombing attempt on her home. She opened an NAACP office in Atlanta, where she served as a mentor for civil rights leader Vernon Jordan, with whom she worked extensively and who went on to serve as an adviser to President Bill Clinton.

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After learning of Evers' assassination in 1963, she became overwhelmed with sorrow. “I cried for three hours,” she said. “I shall always remember that pool of blood in which he lay and that spattered blood over the car where he tried to drag himself into the house.”

She died two years after retiring from the NAACP in 1978, and the U.S. Post Office recognized her work in the Civil Rights Pioneers stamp . In 2022, she was portrayed in the ABC miniseries, “Women of the Movement.”

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

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Mississippi Today

Rare open negotiations occur on important Medicaid expansion issue

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mississippitoday.org – Bobby Harrison – 2024-04-28 06:00:00

The curtain was pulled back last for the first time in years on the Mississippi 's often mysterious conferencing process.

A conference committee consists of three representatives and three senators appointed to try to reach agreement when the two chambers pass differing versions of the same bill. Last week, a conference committee formed to try to reach agreement on expansion caused a stir by meeting in a public setting.

Even though the joint rules of the Mississippi Legislature call for an open conferencing process, the conferees seldom meet in public. They usually meet and negotiate their differences near the end of the session behind closed doors.

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That was not always the case.

For a period in the late 1990s and early 2000s, the Legislature, under intense pressure from the Mississippi Press Association, made open conference committees the norm.

Some major issues have been played out in public conference committees. Notable open conferences include:

  • The infamous, excruciatingly long special session in 2002 where businesses received more protection from lawsuits.
  • Budget fights when Haley Barbour was governor when legislators often would reach an impasse in the negotiations process and spend the bulk of their time talking about their cars and eating candy.
  • The major rewrite of the 's economic package under then-Gov. Ronnie Musgrove called Advantage Mississippi.
  • The Mississippi Adequate Education Program, which for decades has provided the state's share for the basic operation of local school districts. It was hammered out in an open conference process in 1997 even before the joint rules mandated the open process.

Then-state Sen. Musgrove and former House Speaker Billy McCoy deserve credit or blame, according to one's perspective, for proving the open conference process could work. When they chaired their respective chamber's education committees, they insisted on having an open conference process.

But in more recent years, open conference committees have been few and far between. The joint rule has been largely ignored.

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The fact that the three House and three Senate conferees agreed to meet at least once in public on Medicaid expansion — one of the most pivotal issues facing the Legislature in recent years — drew considerable attention.

If nothing else, the open conference committee provided a raw and unedited view of how far apart the two chambers were at the time on an issue that would additional coverage to primarily the working poor.

The House wanted to provide coverage to those earning up to 138% of the federal poverty level, or about $20,000 annually for an individual, while the Senate had proposed providing coverage to those earning less than 100% of the federal poverty level, or about $15,000 per year.

According to various experts, the House plan would provide coverage to many more working and cost less to the state than would the Senate plan. The reason for the lower cost to the state is that when expanding to 138%, the federal government will pay 90% of the costs and provide the state an additional roughly $700 million over two years as an enticement to expand.

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Under the Senate plan, the federal government will pay 77% of the cost and offer no incentives. It is important to understand that in the expensive world of care, the difference in 77% of the cost and 90% means tens of millions to Mississippi state coffers.

The House conferees repeatedly pointed out those numbers — their plan covering more at less cost — during last week's open conference committee.

One of the reasons legislators through the years have not been enamored with an open conference process is that it has often turned into efforts by the negotiators to sell their position to the public.

Once the open conference process starts, the side that feels the most comfortable with its position wants to meet more often in full view of the public to make sure the public understands where each side stands.

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For whatever it is worth, the House conferees were more enthusiastic about continuing the open process after the initial Medicaid expansion conference committee.

And after that initial open conference, the Senate offered a compromise to those earning up to 138% of the federal poverty level — just as the House proposed.

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

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Mississippi Today

Legislation to strip key power of PERS Board passes both chambers

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mississippitoday.org – Bobby Harrison – 2024-04-27 15:39:23

Legislation that strips significant power from the board that governs the state's public employee pension program has passed both chambers of the .

Under the legislation set to go to Gov. Tate Reeves during the final days of the 2024 , the Public Employees Retirement System Board would no longer have the authority to increase the contribution rate levied on governments (both on the state and local level) to help pay for the massive retirement system.

The legislation, which passed both chambers in recent days, was a reaction to the by the board to increase by 5% over a three-year period the amount local governments contribute to each employee's paycheck for their retirement. Under the PERS Board plan, the employer contribution rate would have been increased to 22.4% over three years, starting with a 2% increase on July 1.

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The board said the increase was needed to ensure the long-term financial stability of the system that pays retirement benefits for most public employees on the state and local levels, staff of local school districts and universities and community colleges.

and county in particular argued that the 5% increase would force them to cut government services and lay off employees.

Under the bill passed by the Legislature there still would be a 2.5% increase over five years — a .5% increase in the employer contribution rate each year for five years.

In addition, legislative said they plan to put another $100 million or more in state tax dollars into the retirement system in the coming days during the appropriations .

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Under current law, the PERS Board can act unilaterally to increase the amount of money governmental entities must contribute to the system. But under the new bill that passed both chambers, the board can only make a recommendation to the Legislature on increasing the employer contribution rate.

The PERS Board also would be required to include an analysis by its actuary and independent actuaries on the reason the increase was needed and the impact the increase would have on governmental entities.

In the 52-member Senate, 14 Democrats voted against the bill. Only one House member voted against the proposal.

Sen. David Blount, D-Jackson, said the bill failed to address the financial issues facing the system. He said a permanent funding stream is needed.

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Blount said, “You are moving in the wrong direction and weakening the system” with the bill the Legislature approved. “Is it painful? Is it going to cost more money? Yes, but we need to do it” to fix the system.

The system has assets of about $32 , but debt of about $25 billion. But Sen. Daniel Sparks, R-Belmont, and others argued that the debt was “a snapshot” that could be reduced by strong performance from the stock market. The system depends on its investments and contributions from employers and employees as sources of revenue.

The system has about 360,000 members including current public employees and former employees and retirees.

The legislation states that no changes would be made for current members of the system. The legislation does reference looking at possibly changing the system for new employees. But that would be debated in future legislative sessions.

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The bill does not include an earlier House proposal to dissolve the PERS Board, which consists primarily of people elected by the members of the system, and replace them with political appointees.

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

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