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Judge mulls whether to put hold on separate court district in Jackson

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A federal judge will continue to block House Bill 1020 from becoming in a lawsuit challenging the legislation's creation of a separate court district within .

U.S. District Court Judge Henry Wingate held a six-hour hearing Monday to consider two motions: whether to remove Chief Justice Michael Randolph from the lawsuit and a request by the to extend a temporary restraining order that prevents Randolph from appointing four special temporary judges under HB 1020.

Wingate said he will issue an order Tuesday about the temporary restraining order he granted last week, but he did not set a date for the order to end. HB 1020 is set to become law July 1, but it directs the chief justice to appoint judges 15 days after signing, which was April 21. 

“We're glad the court is ensuring the rights of to continue to be protected,” said Joe Schottenfeld, assistant general counsel for the NAACP, which is representing the plaintiffs. 

The lawsuit filed on behalf of Jackson residents argues HB 1020 violates the U.S. Constitution for race discrimination. On Monday, arguments focused on the chief justice's ability to appoint temporary judges.

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Carroll Rhodes, the plaintiffs' attorney, argued that the appointment of judges to the Hinds County Circuit Court violates the 14th Amendment of the U.S. Constitution because residents would not get to elect judges from their own community like residents in other parts of the state served by other circuit courts.

“Why did the , through House Bill 1020, single out Hinds County?” Rhodes said. “Why single out Hinds County from being different from the rest of the state?”

Rex Shannon, who is representing the 's office, said a 14th Amendment equal protection argument doesn't apply because Hinds County is unique because it contains the Capitol, it has a bigger population and it is experiencing a higher crime rate.

The state has an interest in addressing those issues, and he reiterated that the purpose of HB 1020 was to address crime and resources to the Hinds County Circuit Court to work through its backlog.

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Mark Nelson, a private attorney representing Randolph, said the appointments are a judicial act covered by judicial immunity, while Rhodes said it is an administrative act not covered by judicial immunity.

Nelson cautioned the court that a ruling against judicial immunity for the chief justice could open the door for civil action against judges and a against judges making any appointments, such as experts, defense for indigent defendants and court interpreters.

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

Mississippi Today

On this day in 1917

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mississippitoday.org – Jerry Mitchell – 2024-05-05 07:00:00

May 5, 1917

Eugene Jacques Bullard, seen here in uniform in World War I, was the first African-American combat pilot. Credit: Wikipedia

Eugene Jacques Bullard became the first Black American combat pilot. 

After the near lynching of his father and hearing that Great Britain lacked such racism, the 12-year-old Georgia native stowed away on a ship headed for Scotland. From there, he moved to Liverpool, England, where he handled odd before becoming a boxer, traveling across Europe before he settled in Paris. 

“It seems to me that the French democracy influenced the minds of both White and Black Americans there and helped us all to act like brothers as near as possible,” he said. “It convinced me, too, that God really did create all equal, and it was easy to live that way.” 

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When World War I began, he was too young to fight for his adopted country, so he and other American expatriates joined the French Foreign Legion. Through a of battles, he was wounded, and doctors believed he would never walk again. 

No longer able to serve in the infantry, an American friend bet him $2,000 that he could not get into aviation. Taking on the challenge, he earned his “wings” and began fighting for the French Aéronautique Militaire. 

He addressed racism with words on his plane, “All Blood Runs Red,” and he nicknamed himself, “The Black Swallow of .” 

On his flights, he reportedly took along a Rhesus monkey named “Jimmy.” He tried to join the U.S. Service, only to be turned away because he was Black. He became one of France's most decorated war heroes, earning the French Legion of Honor. 

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After the war he bought a Paris nightclub, where Josephine Baker and Louis Armstrong performed and eventually helped French officials ferret out Nazi sympathizers. After World War II ended, he moved to Harlem, but his widespread fame never followed him back to the U.S. 

In 1960, when French President Charles de Gaulle visited, he told officials that he wanted to see his old friend, Bullard. No one in the government knew where Bullard was, and the FBI finally found him in an unexpected place — working as an elevator operator at the Rockefeller Center in New York

After de Gaulle's visit, he appeared on “The Today Show,” which was shot in the same building where he worked. 

Upon his death from cancer in 1961, he was buried with honors in the French War ' section of the Flushing Cemetery in Queens, New York. 

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A sculpture of Bullard can be viewed in the Smithsonian National and Air in Washington, D.C., a statue of him can be found outside the Museum of Aviation, and an exhibit on him can be seen inside the National Museum of the U.S. Air Force, which posthumously gave him the rank of a second lieutenant. He is loosely portrayed in the 2006 film, “Flyboys.”

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

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Mississippi Today

A seat at table for Democrats might have gotten Medicaid expansion across the finish line

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mississippitoday.org – Bobby Harrison – 2024-05-05 06:00:00

The Mississippi Capitol is 171,000 square feet, granted a massive structure, but when it comes to communication between the two legislative chambers that occupy the building, it might as well be as big as the cosmos.

Such was the case in recent days during the intense and often combustible process that eventually led to the death of expansion and with that the loss of the to provide for 200,000 working poor with the federal paying the bulk of the cost.

Democrats in the state House came under intense pressure and criticism for blocking a Medicaid expansion compromise reached by Republican House and Senate negotiators.

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First of all, it would be disingenuous to argue that Democrats, who compose less than one-third of the membership of either chamber, blocked any proposal. Truth be known, should be able to pass anything they want without a solitary Democratic vote.

But on this particular issue, the Republican legislative leadership who finally decided that Medicaid expansion would be good for the state needed the votes of the minority party, which incidentally had been working for 10 years to pass Medicaid expansion. The reason their votes were needed is that many Republicans, despite the wishes of their leaders, still oppose Medicaid expansion.

The breakdown in the process could be attributed to the of the two presiding officers, House Speaker Jason White and Lt. Gov. Delbert Hosemann in the Senate, not to appoint a single Democrat to the all-important conference committee.

Conference committees are formed of three senators and three House members who work out the differences between the two chambers on a bill. Considering that Democratic votes were needed in both chambers to pass Medicaid expansion, and considering Democrats had been working on the issue for a decade while Republicans blocked it, it would have made sense that they had a seat at the table in the final negotiations process.

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One Democrat from each chamber on the conference committee could not have altered the outcome of the negotiations. But the two Democrats could have provided input on what their fellow legislative Democrats would accept and vote for.

In the eyes of the Democrats, the compromise reached without their voice being heard was unworkable and would not have resulted in Medicaid expansion.

The Republican compromise said Medicaid would not be expanded until the federal government provided a waiver mandating those on Medicaid expansion were working. Similar work requirement requests by other states have been denied. Under the compromise, if the work requirement was rejected by federal officials, Medicaid expansion would not occur in Mississippi.

After voicing strong objections to the work requirement, House Minority Leader Rep. Robert Johnson, recognizing the Senate would not budge from the work requirement, offered a compromise. The Johnson compromise to the compromise was to remove a provision mandating the state apply annually with federal officials for the work requirement.

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Instead, under Johnson's proposal, state Medicaid officials would be mandated to apply just once for the work requirement. If it was rejected, Medicaid expansion would not occur, but hopefully that would compel the to take up the issue of the work requirement and perhaps remove it.

“We just want the Legislature to back and have a conversation next year if the federal government doesn't approve the work requirement. It's as simple as that,” Johnson said.

Senate leaders agreed that Johnson's proposal was a simple ask and something they might consider.

But Lt. Gov. Delbert Hosemann, who presides over the Senate, said he never heard Johnson's proposal until late in the process — too late in the process, as it turned out.

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Speaker Jason White, R-, also said he never heard the proposal, though Johnson said he repeatedly discussed it with House leaders. He certainly was relaying the information to the media during the final hectic days before Medicaid expansion died.

And perhaps if Johnson or one of his Democratic colleagues had been on the conference committee, that information would have been heard by the right legislative people and perhaps Medicaid expansion would not have died.

After all, a conference room or an office where negotiators are meeting to hammer out a compromise is much smaller than the massive state Capitol, where communications often get lost in the cosmos.

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

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On this day in 1884

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May 4, 1884

of Ida B. Wells, circa 1893 Credit: Courtesy of National Park Service

Crusading journalist Ida B. Wells, an African-American native of Holly Springs, Mississippi, was riding a train from Memphis to Woodstock, Tennessee, where she worked as a teacher, when a white railroad conductor ordered her to move to another car. She refused.

When the conductor grabbed her by the arm, “I fastened my teeth in the back of his hand,” she wrote.

The conductor got from others, who dragged her off the train.

In response, she sued the railroad, saying the company forced Black Americans to ride in “separate but unequal” coaches. A local judge agreed, awarding her $500 in damages.

But the Tennessee Supreme Court reversed that ruling three years later. The upended her belief in the court system.

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“I have firmly believed all along that the was on our side and would, when we appealed it, give us justice,” she said. “I feel shorn of that belief and utterly discouraged, and just now, if it were possible, would gather my race in my arms and fly away with them.”

Wells knew about caring for others. At age 16, she raised her younger siblings after her and a brother died in a yellow fever epidemic. She became a teacher to her .

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

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