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5th Circuit panel strikes down Mississippi’s lifetime felony voting ban

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A three-judge panel of the United States 5th Circuit Court of Appeals has struck down Mississippi's lifetime ban on voting for people convicted of certain felonies, saying it is unconstitutional because it inflicts cruel and unusual punishment.

In a 2-1 ruling released Friday, the panel sent the case back to U.S. District Judge Daniel Jordan III in the Southern District of Mississippi with instructions to find the state's lifetime ban on voting to be unconstitutional.

The majority said, “By severing former offenders from the body politic forever, Section 241 (the lifetime ban provision of the state Constitution) ensures that they will never be fully rehabilitated, continues to punish them beyond the terms their culpability requires and serves no protective function to society. It is thus a cruel and unusual punishment.”

The Court of Appeals comes on the heels of the United States Supreme Court refusing in June to hear another case seeking to find Mississippi's lifetime felony voting ban unconstitutional. That case sought to have the felony voting ban declared unconstitutional because it was originally adopted as part of the 1890 Constitution in an attempt to prevent Black from voting.

The that was addressed by the three-judge panel was filed by the Southern Poverty Center, the and others on behalf of Mississippians who have lost their voting rights. The office of Lynn Fitch opposed the lawsuit on behalf of the state.

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It is possible the state may appeal the decision of the three-judge panel to the entire 5th Circuit.

“We are overjoyed with the ruling obviously and with the prospects of tens of thousand Mississippians regaining the right to vote,' said Brad Heard, head of voting rights with the Southern Poverty Law Center. “We absolutely agree with the court that permanent disenfranchisement is cruel and unusual punishment under the 8th Amendment of the U.S. Constitution.”

The opinion overturning the lifetime voting ban was written by Circuit Judge James Dennis and joined by Carolyn Dineen King, both of whom have senior status on the 5th Circuit. Judge Edith Jones dissented.

She argued that the U.S. Supreme Court in a 1974 decision already had ruled that such lifetime bans were . The 1974 ruling said a lifetime ban did not violate equal protection clauses of the United States Constitution or in other words was not unconstitutional because it allowed a certain group of people to be treated differently.

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But the Supreme Court did not rule on whether it was cruel and unusual punishment.

“The consequences of committing a felony rarely ends at the prison walls…,” Jones wrote. “Completing a prison sentence does not entitle felons to all the rights they previously possessed.”

The two judges pointed out that when the Supreme Court made its 1974 ruling that many more states imposed lifetime bans on voting. But now Mississippi is among a small minority of states to do so.

The 5th Circuit majority wrote, “In so excluding former offenders from a basic aspect of democratic , often long after their sentences have been served, Mississippi inflicts a disproportionate punishment that has been rejected by a majority of the states and, in the independent judgment of this court informed by our precedents, is at odds with society's evolving standards of decency.”

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The framers at the time admitted they placed the lifetime ban in the Mississippi Constitution as a tool to keep African Americans from voting. Those crimes placed in the constitution where conviction costs a person the right to vote are bribery, , arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, bigamy and burglary.

Under the original language of the constitution, a person could be convicted of cattle rustling and lose the right to vote, but those convicted of murder or rape would still be able to vote — even while incarcerated. Murder and rape now also are exclusionary.

In the 5th Circuit ruling, the majority pointed out that the Constitution granted the Legislature the authority to restore voting rights, presumably, to ensure that white Mississippians were not permanently banned from voting. In modern times, the Legislature usually restores voting rights to a handful (usually no more than five people) each .

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

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Mississippi Today

PSC axes solar programs in light of EPA funds, advocates file lawsuit

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mississippitoday.org – Alex Rozier – 2024-05-15 12:10:31

Advocates from some of the state's conservation groups — such as Audubon Delta, Mississippi Sierra Club and Steps Coalition — spoke out Wednesday against a recent decision by the to suspend several solar programs, “Solar for Schools,” less than two years after the previous commission put them in place.

“This is particularly disappointing because the need for these incentives in the state of Mississippi is significant,” said Jonathan Green, executive director of Steps Coalition. “Energy costs in the South, and in particular the region known as the Black Belt, are higher than those in other parts of the country for a number of reasons. These regions tend to have older energy generation , and housing that has not been weatherproofed to modern standards. For many low- to moderate-income in the state of Mississippi, energy burden and energy insecurity represent real daily economic challenges.”

The PSC voted 2-1 at its April docket meeting to do away with the programs, reasoning in part that new funds through the Reduction Act would be available to the state. About 10 days later, the Environmental Protection Agency awarded $62 million to the state, through the Hope Enterprise Corporation, to help low-income Mississippians afford adding solar power to their homes. The funds are part of the Biden Administration's Solar for All program, one of the several recent federal initiatives aimed at reducing greenhouse gas emissions.

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The PSC decision ended three programs the previous commission put in place to encourage wider adoption of solar power through the two power companies it regulates, Entergy Mississippi and Mississippi Power: “Solar for Schools,” which allowed school districts to essentially build solar panels for free in exchange for tax credits, as well as incentives for low-income customers and battery storage.

Last Friday, the Sierra Club filed lawsuits in chancery courts in Hinds and Harrison counties against the commission, arguing the PSC broke state law by not providing sufficient reasoning or public notice before making the changes. Advocates also argued that new going to Hope Enterprise won't go as far without the PSC's low-income incentives.

The programs were part of a 2022 addition to the state's net metering rule, a system that allows homeowners to generate their own solar power and earn credits for excess energy on their electric bills. Mississippi's version is less beneficial to participants than net metering in most states, though, because it doesn't reimburse users at the full retail cost. Mississippi's net metering program itself is still in tact.

Northern District Commissioner Chris Brown said that, while he supported efforts to expand solar power, he didn't think programs that offer incentives from energy companies were fair to other ratepayers.

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Solar panels on the roof of the performing arts center at North Forrest High School. Credit: Mike Papas / Forrest County School District

“It's the subsidy that we take issue with,” Brown said at the meeting. “It's not the solar, it's not the helping the schools. We just don't think it's good policy to spread that to the rest of the ratepayers.”

Brown and Southern District Commissioner Carr voted to end the programs, while Central District Commissioner De'Keither Stamps voted against the motion. All three are in their first terms on the PSC. Brown's position is in line with what the power companies as well as Gov. Tate Reeves have argued, which is that programs like net metering forces non-participants to subsidize those who participate.

Robert Wiygul, an attorney for the Mississippi Sierra Club, countered that argument during Wednesday's press conference, saying that net metering actually helps non-participants by adding more power to the grid and reducing the strain on the power companies' other infrastructure. Moreover, he said, the PSC hasn't offered actual numbers showing that non-participants are subsidizing the program.

“Look, if the commission wants to talk about that, we are ready to talk about it,” Wiygul said. “But what we got here is a situation where these two commissioners just decided they were going to do this. We don't even know what that claim is really based on because it hasn't been through the public notice and hasn't been through the public comment .”

While no schools had officially enrolled in “Solar for Schools,” which went into effect in January of last year, Stamps told Mississippi Today that there were places in his district getting ready to participate in the very programs the PSC voted to suspend.

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Mississippi Public Service Central District Commissioner De'Keither Stamps, discusses current agency operations across the state during an interview at district headquarters, Friday, Feb. 23, 2024, in Jackson. Credit: Vickie D. King/Mississippi Today

“My issue was we should have talked to the entities that were going through the process to (understand what they were doing) to participate in the programs before you eliminate the programs,” he said.

Several school districts in the state are already using solar panels thanks to funding from a past settlement with Mississippi Power. Officials there told Mississippi Today that the extra power generated from the panels has freed up spending for other educational needs. During the public comment period for the 2022 net metering , about a dozen school district superintendents from around the state wrote in to support the initiative. Ninety-five school districts in the state would have been eligible for the program because they receive power from Entergy Mississippi or Mississippi Power.

Former commissioner Brent Bailey, who lost a close reelection bid in November to Stamps, was an advocate for the schools program that the PSC created while he was there. At the April docket meeting, he pleaded with the new commission to reconsider, arguing that the new federal funding won't have the same impact without those programs.

“My ask is to at least give this program a , see where it goes, and hear from stakeholders that have participated,” Bailey said. The solar programs, he added, weren't just about expanding renewable energy, but taking advantage of a growing economy around solar power as well: “We can just stand by and watch it go by, or we can participate in this and bring economic development to the state.”

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

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Crooked Letter Sports Podcast

Podcast: In or out (of the NCAA Tournament)?

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College 's regular season is in its last , which means baseball bracketology is a popular activity. needs to finish strong to become a Regional host. Southern Miss probably has already punched its ticket as a 2- or 3-seed. , playing its best baseball presently, needs victories, period. Meanwhile, the State High School softball tournament is this week in Hattiesburg, and the state baseball tournament to Trustmark Park in Pearl next week.

Stream all episodes here.


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

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Mississippi Today

Reeves again blocks funds for LeFleur’s Bluff project in Jackson

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mississippitoday.org – Bobby Harrison – 2024-05-15 10:02:34

For the third consecutive year legislative efforts to direct money to renovate LeFleur's Bluff in have been stymied, thanks in large part to Gov. Tate Reeves.

Earlier this , the Republican governor vetoed a portion of a bill that directed $14 million to the office of Secretary of State Michael Watson for work on developing and improving a nature trail connecting parks and museums and making other tourism-related improvements in the LeFleur's Bluff area.

It is not clear whether the Legislature could take up the veto during the 2025 session, which begins in January, though, that's not likely. The Legislature had the option to return to Jackson Tuesday to take up any veto, but chose not to do so.

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Of the project, Watson said, “Our office was approached late in the session about helping with a project to revitalize LeFleur's Bluff. As Mississippi's state commissioner, I was more than happy to lead this effort not just because it's a natural fit for our office, but also because I believe Mississippi needs a thriving capital to retain our best and brightest. Investing state funds in state property on a project to enhance the quality of life in Jackson makes good sense.

“Unfortunately, some only support it when it equates to campaign contributions. Sadly, through the line-item veto of the appropriation, Mississippians will once again wait another year for the to benefit from state investments for the greater public good.”

READ MORE: Gov. Reeves warns Mississippi: Challenge my vetoes, and it could jeopardize hundreds of projects

Various groups, such as representatives of the Mississippi Children's and many other community have been working on the project for years. The area already is the home of the Children's Museum, Museum of Natural History, Mississippi Sports Hall of Fame and Museum and a state park.

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The issues with LeFleur's Bluff first arose in 2022 when Reeves vetoed a $14 million appropriation that in part was designed to redesign and create a new golf course in the area. Previously, there had been a nine-hole, state-owned golf course operated by the Department of Wildlife, at LeFleur's Bluff State Park.

In 2022, the LeFleur's Bluff project was one of literally hundreds of projects funded by the Legislature – many of which was tourism projects like LeFleur's Bluff. The governor only vetoed a handful of those projects.

When issuing the LeFleur's  Bluff veto, Reeves said the state should not be involved in funding golf courses.

Then last year $13 million was directed to the Department of Wildlife, Fisheries and Parks to spend on the LeFleur's Bluff project. But legislative leaders said state money would not go toward a golf course.

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Lawmakers opted to transfer the project to the Secretary of State's office late in the 2024 session, apparently in part because they felt the Department of Wildlife, Fisheries and Parks had not made enough of an effort to begin the project.

Lynn Posey, executive director of Wildlife, Fisheries and Parks, said that before moving forward with the project, “We felt like we needed to do engineering work and see what the situation was. We never got a chance to move forward” because the Legislature redirected the money.

Posey said an engineer's report was needed because “it is a unique piece of land.” He said much of the land is prone to flooding.

He said before that work could begin the Legislature switched the authority to the Secretary of State's office. Posey was appointed to his current position by Reeves, whose office had no comment on the veto.

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Lt. Gov. Delbert Hosemann said after the governor's veto, “Projects like the LeFleur's Bluff development are critical to the Capital City, the wider metropolitan area, and our state. Public parks add to the quality of life for our citizens. I am hopeful the individuals involved in this project, including those at the Mississippi Children's Museum, will continue their work to improve this state asset.” 

While the Constitution instructs the governor to provide to the Legislature a reason for any veto, Reeves did not do so this year when vetoing the money going to the Secretary of State's office.

On Monday, the governor also vetoed a portion of another bill dealing with appropriations for specific projects. But in this case, the veto was more of a technicality. The bill was making corrections to language passed in previous sessions. In that language were five projects the governor vetoed in 2022.

The language, as it was written, would not have revived those previously vetoed projects, the governor said. But Reeves said he vetoed the five projects out of caution. He did the same in 2023 when those five projects, which included money appropriated in 2022 for the Russell C. Davis Planetarium in Jackson, were carried forward in a bill also making corrections to previously passed legislation.

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

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