fbpx
Connect with us

Mississippi Today

Mississippi Choctaws celebrate high court ruling on tribal sovereignty

Published

on

The Mississippi Band of Choctaw Indians has joined the celebration of a victory handed down by the U.S. Supreme Court to uphold a 1978 law that aims to keep together Native American and their families and tribal sovereignty. 

“This is an important win for tribal sovereignty and for tribal children,” Tribal Chief Cyrus Ben said in a Friday statement. “Protecting the welfare of our children is essential to the survival of our language, culture, and traditions.”

The court ruled 7 to 2 Thursday in Brackeen v. Haaland, which centered on whether the Indian Child Welfare Act was constitutional. The act governs child custody of Native children. 

Justice Amy Coney Barrett wrote the majority opinion and was joined by six other justices, while

Justices Clarence Thomas and Samuel A. Alito Jr., dissented.

Advertisement

“By now, the full picture has come into view and it is easy to see why ICWA must stand,” Justice Neil Gorsuch wrote in a concurring opinion. “Under our Constitution, Tribes remain independent sovereigns responsible for governing their own affairs.”

If Native American children are from their parents, the act sets preferences to place them with other members, other members of the tribe or a different tribe. 

The case was brought by a white foster couple from , Chad and Jennifer Brackeen, against five tribes and the U.S. Department of the Interior over the adoption of American children. The couple was able to adopt one  Native American child, because the Navajo Nation was unable to find a Navajo family to take him. The couple then tried to adopt the boy's sister, but the girl's extended family wanted to take her in. Two other non-Native American  couples, who adopted Native American  children even after challenges from the tribes where the children were eligible for membership, joined the along with three states.

The plaintiff families said the discriminated against non-Native families and the children they wanted to adopt on the basis of race. 

Advertisement

ICWA recognizes that tribes have sovereignty and exclusive jurisdiction over their members who on tribal land or are domiciled there.

During oral arguments, the justices heard arguments about whether tribes are political entities or racial groups, which is an argument defendants said threatened tribal rights and sovereignty.

More than 450 tribal nations filed amicus briefs in support of ICWA, and numerous Native American organizations, child welfare organizations, over half of all states and members of Congress showed support for the act.

ICWA was created in response to the mistreatment of generations of Native American people by the and private citizens such as through the enrollment of children in boarding schools and the adoption of children out of tribes into non-Native families.

Advertisement

In 1978, between a quarter and a third of all Native children were taken from their families and

put in foster homes, up for adoption or into institutions, according to surveys by the Association on American Indian Affairs.

During Senate committee hearings about Indian child welfare, then Choctaw Chief Calvin Isaac testified that raising Native children in non-Native homes reduces tribes' chances of survival.

His testimony was cited in the Supreme Court's decision and in a 1989 case brought by the tribe that helped define ICWA.

Advertisement

In Mississippi Band of Choctaw Indians v. Holyfield, the Supreme Court ruled that through the ICWA, tribal courts have the power to hear adoption proceedings for Native children.

The court ruled tribes have jurisdiction over children domiciled on a reservation based on tribe membership or eligible membership, even if they aren't physically present there.

MBCI is the state's only federally recognized tribe. Over 11,000 members are descendants of Choctaws who remained in Mississippi to preserve their cultural heritage and ancestral homelands, said Chief Ben.

, just as in the past, the preservation and security of our Tribe, our culture, and our tribal children and families are of utmost importance,” he said.

Advertisement

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

Mississippi Today

Medical residents are increasingly avoiding states with abortion restrictions

Published

on

mississippitoday.org – Rachana Pradhan, KFF News and Julie Rovner, KFF Health News – 2024-05-09 12:27:53

Isabella Rosario Blum was wrapping up medical school and considering residency programs to become a family practice physician when she got some frank advice: If she wanted to be trained to abortions, she shouldn't stay in Arizona.

Blum turned to programs mostly in states where abortion access — and, by extension, abortion training — is likely to remain protected, like California, Colorado, and New Mexico. Arizona has enacted a banning most abortions after 15 weeks.

“I would really like to have all the training possible,” she said, “so of course that would have still been a limitation.”

Advertisement

In June, she will start her residency at Swedish Cherry Hill hospital in Seattle.

According to new statistics from the Association of American Medical Colleges, for the second year in a row, graduating from U.S. medical schools were less likely to apply this year for residency positions in states with abortion bans and other significant abortion restrictions.

Since the Supreme Court in 2022 overturned the constitutional right to an abortion, state fights over abortion access have created plenty of uncertainty for pregnant patients and their doctors. But that uncertainty has also bled into the world of medical education, forcing some new doctors to factor state abortion laws into their decisions about where to begin their careers.

Fourteen states, primarily in the Midwest and South, have banned nearly all abortions. The new analysis by the AAMC — a preliminary copy of which was exclusively reviewed by KFF Health News before its public release — found that the number of applicants to residency programs in states with near-total abortion bans declined by 4.2%, compared with a 0.6% drop in states where abortion remains legal.

Advertisement

Notably, the AAMC's findings illuminate the broader problems abortion bans can create for a state's medical community, particularly in an era of provider shortages: The organization tracked a larger decrease in interest in residencies in states with abortion restrictions not only among those in specialties most likely to treat pregnant patients, like OB-GYNs and emergency room doctors, but also among aspiring doctors in other specialties.

“It should be concerning for states with severe restrictions on reproductive rights that so many new physicians — across specialties — are choosing to apply to other states for training instead,” wrote Atul Grover, executive director of the AAMC's Research and Action Institute.

The AAMC analysis found the number of applicants to OB-GYN residency programs in abortion ban states dropped by 6.7%, compared with a 0.4% increase in states where abortion remains legal. For internal medicine, the drop observed in abortion ban states was over five times as much as in states where abortion is legal.

In its analysis, the AAMC said an ongoing decline in interest in ban states among new doctors ultimately “may negatively affect access to care in those states.”

Advertisement

Jack Resneck Jr., immediate past president of the American Medical Association, said the data demonstrates yet another consequence of the post- era.

The AAMC analysis notes that even in states with abortion bans, residency programs are filling their positions — mostly because there are more graduating medical students in the U.S. and abroad than there are residency slots.

Still, Resneck said, “we're extraordinarily worried.” For example, physicians without adequate abortion training may not be able to manage miscarriages, ectopic pregnancies, or potential complications such as infection or hemorrhaging that could stem from pregnancy loss.

Those who work with students and say their observations the AAMC's findings. “People don't want to go to a place where evidence-based practice and human rights in general are curtailed,” said Beverly Gray, an associate professor of obstetrics and gynecology at Duke University School of Medicine.

Advertisement

Abortion in North Carolina is banned in nearly all cases after 12 weeks. Women who experience unexpected complications or discover their baby has potentially fatal birth defects later in pregnancy may not be able to receive care there.

Gray said she worries that even though Duke is a highly sought training destination for medical residents, the abortion ban “impacts whether we have the best and brightest coming to North Carolina.”

Rohini Kousalya Siva will start her obstetrics and gynecology residency at MedStar Washington Hospital Center in Washington, D.C., this year. She said she did not consider programs in states that have banned or severely restricted abortion, applying instead to programs in Maryland, New Hampshire, New York, and Washington, D.C.

“We're physicians,” said Kousalya Siva, who attended medical school in Virginia and was previously president of the American Medical Student Association. “We're supposed to be giving the best evidence-based care to our patients, and we can't do that if we haven't been given abortion training.”

Advertisement

Another consideration: Most graduating medical students are in their 20s, “the age when people are starting to think about putting down roots and starting families,” said Gray, who added that she is noticing many more students ask about politics during their residency interviews.

And because most young doctors make their careers in the state where they do their residencies, “people don't feel safe potentially their own pregnancies living in those states” with severe restrictions, said Debra Stulberg, chair of the Department of Family Medicine at the University of Chicago.

Stulberg and others worry that this self-selection away from states with abortion restrictions will exacerbate the shortages of physicians in rural and underserved .

“The geographic misalignment between where the needs are and where people are choosing to go is really problematic,” she said. “We don't need people further concentrating in urban areas where there's already good access.”

Advertisement

After attending medical school in Tennessee, which has adopted one of the most sweeping abortion bans in the nation, Hannah Light-Olson will start her OB-GYN residency at the University of California-San Francisco this summer.

It was not an easy , she said. “I feel some guilt and sadness leaving a situation where I feel like I could be of some help,” she said. “I feel deeply indebted to the program that trained me, and to the patients of Tennessee.”

Light-Olson said some of her fellow students applied to programs in abortion ban states “because they think we need pro-choice providers in restrictive states now more than ever.” In fact, she said, she also applied to programs in ban states when she was confident the program had a way to provide abortion training.

“I felt like there was no perfect, 100% guarantee; we've seen how fast things can change,” she said. “I don't feel particularly confident that California and New York aren't going to be under threat, too.”

Advertisement

As a condition of a scholarship she received for medical school, Blum said, she will have to return to Arizona to practice, and it is unclear what abortion access will look like then. But she is worried about long-term impacts.

“Residents, if they can't get the training in the state, then they're probably less likely to settle down and work in the state as well,” she said.

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

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

Advertisement
Continue Reading

Mississippi Today

On this day in 1928

Published

on

mississippitoday.org – Jerry Mitchell – 2024-05-09 07:00:00

MAY 9, 1928

First NFL with an all-Black officiating crew on Nov. 23, 2020. Burl Toler, pictured far right, was remembered. Credit: NBC

Burl Toler was born in Memphis. The first Black official in any major sport in the U.S., he defeated prejudice at each turn. 

In 1951, Toler starred for the legendary undefeated of San Francisco Dons. Prejudice kept the integrated team from playing in the Gator Bowl, but the team found anyway. Nine players went to the NFL, three of them later inducted into the Professional Football Hall of Fame. Their best player may have been Toler, who was drafted by Cleveland but suffered a severe knee injury in a college all-star game that ended his playing days. 

Toler decided to make his way into professional football through officiating. The NFL hired him in 1965 — a year before Emmett Ashford became the first Black umpire in Major League and three years before Jackie White broke the color barrier in the NBA. 

Advertisement

He rose above the racism he encountered, working as a head linesman and field judge for a quarter-century. He officiated Super Bowl XIV, where the Pittsburgh Steelers defeated the Los Angeles Rams in 1980. Two years later, he officiated the “Freezer Bowl,” where the Cincinnati Bengals defeated the San Diego Chargers in the AFC Championship Game. The game marked the coldest temperatures of any game in NFL history — minus 59 degrees wind chill — and Toler suffered frostbite. 

In addition to his NFL work, he worked as an educator, becoming the first Black secondary school principal in the San Francisco district. He died in 2009. Two area schools and a hall on the University of San Francisco campus have been renamed in his honor. On Nov. 23, 2020, Toler was remembered again when the NFL had its first all-Black officiating crew.

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

Continue Reading

Mississippi Today

EPA absolves MDEQ, Health Department of discrimination in funding Jackson water

Published

on

mississippitoday.org – Alex Rozier – 2024-05-08 15:42:36

About a year and half ago, on the heels of 's infamous system failure, advocates and politicians from Mississippi began publicly questioning the mechanisms that are supposed to such .

In October 2022, U.S. Reps. Bennie Thompson and Carolyn Maloney wrote Gov. Tate Reeves, grilling him over an apparent disparity in how federal infrastructure funds were allocated to Jackson versus other parts of the .

Then days later, the Environmental Protection Agency's civil rights office opened an investigation into two state agencies — the Mississippi Department of Environmental Quality and the Mississippi Department of Health — in response to the NAACP's claims of discrimination under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination — based on race, color or national origin — in providing federal assistance.

Advertisement

On Monday, though, the EPA announced it had ended the probe after finding no evidence the agencies had short-changed Jackson's water system. In its investigation, the EPA looked at the funding amounts and racial demographics of cities that received water funding from MDEQ and the Health Department and determined there was no correlation between the two factors.

A scatter plot from the EPA's analysis comparing the levels of funding cities received with their percent of Black .

“The evidence overwhelmingly shows that the Mississippi Department of Environmental Quality did everything right,” MDEQ Executive Director Chris Wells said in a press release the EPA's announcement.

The two agencies are in charge of disbursing funds from the EPA called “state revolving loan,” or SRF, funds, which are meant to cities make infrastructure improvements. MDEQ handles SRF funds related to wastewater infrastructure, while the Health Department handles SRF funds for drinking water.

But the claims against the agencies were only part of the 2022 complaint the NAACP filed with the EPA. The federal agency did not address another complaint: The group also focused on the state , which has denied attempts in recent years by Jackson to raise money for its water system, such as creating a new 1% tax.

Click here for the EPA's full responses to MDEQ and Health Department.

Advertisement

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

Continue Reading

News from the South

Trending