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Abortion is technically both legal and illegal in Mississippi. New lawsuit asks Supreme Court to clarify

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Abortion is technically both legal and illegal in Mississippi. New lawsuit asks Supreme Court to clarify

A -based conservative think-tank filed a lawsuit Monday that aims to clear up a bizarre legal conundrum in Mississippi: that abortion is technically both legal and illegal at the same time.

The Mississippi Center for Public Policy filed a lawsuit Monday in an attempt to get the Supreme Court to reverse its 1998 ruling that said the Mississippi Constitution provides a right to an abortion.

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That decades-old ruling — Pro Choice — has been in conflict with two new state laws that took effect this summer after the U.S. Supreme overturned Roe v. Wade, which had previously established a national right to an abortion.

After the U.S. Supreme Court in late June overturning Roe v. Wade, two Mississippi laws went into effect. One banned all abortions except in cases of rape and when the life of the mother was in jeopardy. A second banned all abortions except for cases of medical emergency.

But at Mississippi Center for Public Policy say those two laws are in conflict with the state Supreme Court ruling that said the state constitution provides a right to an abortion. The center's lawsuit attempts to ensure the two new laws that restrict abortion are not negated by the 1998 Pro Choice Mississippi v. Fordice ruling.

“This legal uncertainty has placed Mississippi physicians in an impossible ‘Catch-22,'” said the center's news release. “…Whether elective abortions are ‘lawful' in Mississippi depends on whether the Mississippi Supreme Court's opinion in Fordice is still valid.”

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READ MORE: Mississippi, where abortion is technically both legal and illegal at the same time

The U.S. Supreme Court ruling overturning Roe v. Wade came in a case brought by Mississippi and argued by the office of state Lynn Fitch. The landmark case — Dobbs v. Jackson Women Health Organization — resulted in the state's only abortion clinic closing.

“In the Dobbs case, Mississippi secured a major victory for human rights and the rule of law,” said Aaron Rice, director of the Mississippi Justice Institute, which is the legal arm of the Mississippi Center for Public Policy. “Now it's time to finish the job and protect the right to life in the state that took Roe down.”

The case was filed in Hinds County Chancery Court. The press release said it will be up to the state Supreme Court to ultimately rule on whether to reverse the ruling providing a right to an abortion in the Mississippi Constitution.

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Right after the U.S. Supreme Court decision, , then providing abortion services in Jackson, took legal action in Hinds County Chancery Court to block the enactment of the laws banning abortion in Mississippi. The , arguing on behalf of the Jackson Women's Health Organization, said that the state laws banning abortions would not trump the Mississippi Supreme Court ruling saying that the Constitution provided a right to an abortion.

READ MORE: Supreme Court rejects plea for quick ruling on effort to stop abortion ban

In an unusual ruling in early July, Chancery Judge Debbra Halford of Meadville, appointed to hear the case by the state Supreme Court, refused to block the laws banning abortions. One of her primary reasons for not blocking the laws is because she predicted the current state Supreme Court would reverse the ruling providing a right to abortion in the Mississippi Constitution.

The Mississippi Center for Justice appealed to the Supreme Court. But the state's highest court refused to take up the case on an expedited schedule. During the uncertainty, Jackson Women's Health Organization closed and the Mississippi Center for Justice dropped the appeal.

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Now the conservative leaning Mississippi Center for Public Policy is trying to renew the case.

“We will review this lawsuit and consider whether we should intervene,” said Rob McDuff, an attorney with the Mississippi Center for Justice that represented the Jackson Women's Health Organization.

The Mississippi Justice Institute has brought the lawsuit on behalf of the American Association of Pro-Life Obstetricians and Gynecologists, according to the news release.

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

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Mississippi Today

Let the Olympics begin, but nothing will top what Ruthie Bolton did in 1996

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The opening ceremonies of the Summer Olympics are tonight in Paris, and my thoughts immediately go back to the only time I covered the Olympic , 1996 in Atlanta.

My first thought: Has it really been 28 years?

Rick Cleveland

Yes, it has, but in so many ways it seems as if it were only last . It remains one of the highlights of my more than half century writing about sports. The memories are vivid, poignant and many. There was Muhammad Ali lighting the Olympic flame with trembling hands. There was then-Hattiesburg resident Angel Martino, a swimmer, winning the first American medal and then three more. There was the bomb that went off in Centennial Park, adjacent to Olympic headquarters, putting a 24-hour hold on the Olympics and causing this sports writer to work a 36-hour shift. There were Skip Bertman and Ron Polk coaching Team USA , puffing on huge Honduran cigars all the while. There was a human blur named Michael Johnson who shattered records in the 200- and 400-meter sprints. There was all that and so much more.

Most memorable of all, there was Ruthie Bolton and, by extension, the Rev. Linwood Bolton, Ruthie's daddy. For me, they became the best story of those Olympic Games and gave this Mississippi reporter more than he ever dreamed he could write home about. You could not make their story up.

Ruthie, from the tiny town of McLain, was the point guard for the gold medal-winning USA women's basketball team that pretty much stole the Olympic from Michael Jordan, Charles Barkley and the USA men's Dream Team. The American women also included such stars as Lisa Leslie, Sheryl Swoopes and Rebecca Lobo, but little Ruthie Bolton was the team's engine. She made them go, both offensively and defensively. Her story was fascinating and as Mississippi as it gets.

Start with this: Ruthie was the smallest of the 20 born to the Rev. Linwood Bolton and his wife, Leola, who lived on a farm near McLain in Greene County, 34 miles south of Hattiesburg. Leola Bolton had died of cancer the year before the Olympics. Linwood, who at the age of 73 still pastored four south Mississippi churches, watched the first week or so at home on TV, then came to Atlanta for the last week of the games. Meeting and interviewing him was a highlight. He had lost the love of his life and much of his hearing, but his handshake was firm and he still possessed the sunny, effervescent personality of a much younger man.

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Ruthie and Rev. Linwood Bolton in 1996.

“Yes,” he answered, he was “mighty, mighty proud of Ruthie. The rest of them are bigger, but little Ruthie was a little different from the rest,” Rev. Bolton said. “She was the quiet one, but she had a fire inside. Ruthie was the fighter. She was always so determined. When she had a goal, nothing was going to stand in the way.”

On the Bolton farm, the grew corn, peas, beens, greens, okra and tomatoes. They raised cattle, hogs and chickens. Everyone pitched in with the chores, and, said Linwood, Ruthie always chose the most difficult work of all.

All that hard work on the farm somehow translated to the basketball court. For Team USA, Ruthie always got the most difficult defensive assignment. She nearly always defended the other team's best player and she led the team in steals. Offensively, she ran the show, scoring 13 points a game and leading the team in assists.

In the championship game against Brazil, played before 33,000 in the Georgia Dome, Ruthie scored 15 points, passed out five assists and made five steals. On Team USA's first offensive possession, she swished a 3-pointer from four steps beyond the 3-point line. More importantly, she was given the assignment of covering “Magic Paula” Silva, Brazil's legendary star, who scored only seven points and made her only field goal when Ruthie was taking a breather.

Afterward, I asked Ruthie how she did it. Her answer: “I was in her pants, that's how. I was all over her. If she had gone to the bathroom, I was going with her.”

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It reached the point where a Mississippi sports writer – covering a Mississippi woman in the biggest sporting in the world – felt sorry for the star player from Brazil.

The medal presentation afterward was one never to be forgotten. There was Rev. Linwood Bolton, holding up a of his deceased wife, while his daughter, watching, smiled through tears, a gold medal draped around her neck while the Star Spangled Banner played. Again, you couldn't make this up.

Over the next weeks, many compelling Olympic stories will unfold on the courts, fields and in the pools of Gay Paree. None will be more compelling than what happened 28 years ago when Ruthie Bolton, the 16th of 20 born to Linwood and Leola Bolton, displayed more grit and will than imaginable.

The rest of the story? Rev. Bolton died in 1998. Ruthie went on to play the first seven seasons of the WNBA's existence, was a two-time all-star and has been inducted into both the Women's Basketball Hall of Fame and the Mississippi Sports Hall of Fame. She has long since retired and recently has moved back to McLain where her daughter, Hope, will play basketball as a ninth grader this next season.

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And Ruthie's best memories of those Atlanta Olympics?

“On the floor, it had to be guarding that girl from Brazil in the gold medal game,” Ruthie told me. “Off the floor, just being supported by my family, all of them. I mean, have you ever gone into an Atlanta restaurant and asked for a table for 28?”

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

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On this day in 1948

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mississippitoday.org – Jerry Mitchell – 2024-07-26 07:00:00

JULY 26, 1948

President Harry Truman shakes hands with Force Staff Sgt. Edward Williams, right, of St. Louis, Missouri, just two years after Truman issued Executive Order 9981. Credit: President Harry S. Truman Library and

President Harry Truman issued Executive Order 9981, which abolished racial discrimination in the United States Armed Forces, eventually leading to segregation's end in the services. The order came after he saw many returning Black soldiers become victims of violence. 

“My stomach turned over when I learned that Negro soldiers, just back from overseas, were being dumped out of army trucks in Mississippi and beaten,” he said. “I shall fight to end evils like this.” 

He formed the President's Committee on , which asked for an end to discrimination in the armed forces, and later said in a speech at the Lincoln Memorial, “We have reached a turning point in the long history of our country's efforts to guarantee and equality to all of our citizens.” 

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Throughout the early history of the U.S. military, minorities had been segregated into separate units. Often given menial tasks, they rarely saw combat. But when they had been to fight on the battlefield, they had proven their patriotism and their mettle. Many of the military brass resisted the change, and the last segregated units didn't disband until 1954. Exactly 15 years later, Defense Secretary Robert McNamara instructed military commanders to boycott private facilities used by soldiers or their families that discriminated against Black Americans.

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

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Judge denies joint effort to close Tim Herrington’s capital murder case but will consider sealing filings on case-by-case basis

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mississippitoday.org – Molly Minta – 2024-07-25 11:25:39

OXFORD — The case against a former Ole Miss student accused of killing Jimmie “Jay” Lee will remain open after a Lafayette County Circuit Court judge denied a joint motion to seal the entirety of the filings.

In a quick hearing Thursday, Judge Luther said he would consider sealing some filings on a case-by-case basis if asked to do so by the defense for Sheldon Timothy Herrington Jr. But Luther added he did not think that would be necessary, since it was unlikely any motions before trial would contain evidence that could prejudice a jury.

“The way discovery is done in 's age, I don't anticipate getting any of those items,” Luther said before denying the motion.

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Kevin Horan, Herrington's attorney and a representative from his hometown of Grenada, said he would draft the order and circulate it among the parties. Horan had hoped the motion, which was unusually supported by District Attorney Ben Creekmore, would be successful in order to reduce further pretrial publicity, including social . The case has attracted national media attention, particularly when Herrington was shortly after Lee went missing two years ago.

“We just move forward,” Horan said.

Luther's ruling came after filed a motion to intervene in the effort to close any filings before Herrington's case goes to trial later this year. The organization's motion was supported by WMC-TV, a television station based in Memphis, Tennessee and WTVA, a station based in the Tupelo-Columbus area. The Mississippi Press Association had also issued a press release urging transparency and opposing the order.

Mississippi Today's attorney, Henry Laird, commended Luther for the established by the Mississippi Supreme Court for closing cases.

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“This is an example to other judges that this is how you work with the people, and this is how you work with the press,” Laird said.

Creekmore said there had been “some misconception” about the extent of the sealing requested by himself and Horan. Creekmore added his goal was not to seal the whole case file but to protect any motions entered before a jury.

“It wouldn't have been a complete sealing,” he said.

On Monday, the day Luther had originally intended to rule on the motion to seal the file, he also issued an order from the bench to keep the trial in Lafayette County but pull jurors from another area, then sequester them in a hotel for its duration.

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Creekmore was chiefly concerned about a motion confirming which county jurors will be pulled from leading to a flurry of media coverage in that area. He told Mississippi Today he thought the judge's Thursday order will protect the integrity of the jury.

“I think you have to accept that Lafayette County is already aware of a lot of the facts of the case, and it would be difficult to find somebody who isn't aware of the case,” Creekmore said.

In his 20 years in the courtroom, Creekmore said this case has drawn more scrutiny than many others he's worked on, but he wasn't able to say why.

“I don't have an answer to that,” he said. “I can answer that question once the case is resolved. I've got feelings on it, but I think it would be speculative on my part to try to answer for an entire community.”

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Lee was a well-known member of Oxford's LGBTQ+ community. His disappearance and death two years ago has led to protests outside the courthouse and efforts to memorialize him at local drag shows and pride .

Herrington's arrest also drew scrutiny in part because his is connected in north Mississippi. A preliminary hearing setting bond detailed some of the evidence against him, including Google searches on his computer, text messages he exchanged with Lee the night Lee went missing, and K-9s that identified the smell of a dead body in his car.

But Herrington, through his attorney and family members, has maintained his innocence. As he walked down the Lafayette County Courthouse steps, Horan stated the case will go to trial.

“Certainly,” he said.

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

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