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Mississippi’s lifetime ban on felons voting upheld by federal 5th Circuit

Mississippi can continue to impose a lifetime ban on voting for people convicted of certain felonies, including some non-violent felonies, the full panel of the U.S. 5th Circuit Court of Appeals ruled Thursday.

The opinion of the full panel reverses an August 2023 ruling by a three-judge panel of the 5th Circuit finding the lifetime ban unconstitutional because it inflicted cruel and unusual punishment.

The full panel said a lifetime ban on voting was not punishment, but “served as a nonpenal, regulatory purpose.”

The majority opinion was written by Edith Jones, an appointee of Republican Ronald Reagan in the 1980s. She was joined by 12 members of the Court in finding that the section of the Mississippi Constitution imposing the lifetime ban was not in violation of the U.S. Constitution. Two of those 12, including one Democratic appointee, Irma Ramirez, agreed with the results, but did not sign on to Jones’ opinion.

Six members of the Court, all Democratic appointees, said Mississippi’s lifetime ban unconstitutional. Their dissenting opinion was written by James L. Dennis.

“Voting is the lifeblood of our democracy and the deprivation of the right to vote saps citizens of the ability to have a say in how and by whom they are governed,” Dennis wrote. “Permanent denial of the franchise, then, is an exceptionally severe penalty, constituting nothing short of the denial of the democratic core of American citizenship.”

But the majority said the framers of the Constitution in banning cruel and unusual punishment were looking to ensure laws were not passed permitting  punishment “such as gibbeting (hanging), burning at the stake, embowelling, beheading and quartering.”

Jones wrote that those wishing to end Mississippi’s lifetime voting ban for people convicted of certain felonies should “do the hard work of persuading your fellow citizens the law should be changed.”

If the lifetime ban is repealed it should be done by the Legislature and “not by judicial fiat,” she wrote.

READ MORE: Senate has little appetite for changing the difficult way it restores suffrage to convicted felons

The U.S. Supreme Court has ruled in past cases that a lifetime ban on voting for people convicted of certain felonies was not unconstitutional. But a minority of the 5th Circuit pointed out that the Supreme Court in past instances has changed its mind and found certain punishments, such as the execution of minors, cruel and unusual punishment after states began to ban such action.

When the Supreme Court found a lifetime ban on voting constitutional, 27 states imposed such punishments, Dennis wrote. But now, he pointed out 39 states did not impose such a ban. Mississippi is one of only two states, Dennis wrote for the minority, to impose a lifetime ban for people convicted for the first time of non-violent felonies.

It is likely the 5th Circuit ruling will be appealed to the U.S. Supreme Court.

The lawsuit was filed by the Southern Poverty Law Center, Simpson Thacher & Bartlett LLP and others on behalf of Mississippians who have lost their voting rights. The office of Attorney General Lynn Fitch opposed the lawsuit on behalf of the state.

The framers at the time admitted they placed the lifetime ban in the Mississippi Constitution as a tool to keep Black people from voting. Those crimes placed in the Constitution for the ban are bribery, theft, 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 have since been added as disenfranchising offenses.

The lifetime ban was challenged in an earlier lawsuit on the grounds it was imposed to deny the vote to Black Mississippians. The 5th Circuit rejected that argument and the Supreme Court refused to hear the case.

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Feds order Mississippi Legislature to create more Black districts and hold special elections next year

The Mississippi Legislature must adopt new state Senate and House maps with Black-majority districts during its 2025 session and conduct elections to fill those new seats, a federal three-judge panel ruled on Thursday. 

The judges previously ruled in a lawsuit filed on behalf of the Mississippi Conference of the NAACP and Black voters from across the state that the districts that were drawn in 2022 by the state Legislature diluted Black voting strength.

After its ruling, the panel invited the plaintiffs and state officials to submit briefings on whether the state should adopt new maps this year and conduct special elections in November to fill those seats. 

The NAACP argued that special elections should take place in November, while the defendant, the all-Republican State Board of Election Commissioners, argued the elections should take place next year because it would be nearly impossible to redraw the districts in time for November elections. 

This would also have required lawmakers to return to Jackson in a special session this year to draw and approve new districts.

“The equitable weighing process we must use when selecting the proper remedy for Voting Rights Act violations leads us to conclude that the Mississippi Legislature need not act until its regular 2025 session,” the judges wrote in a unanimous opinion. “Because there are no general, statewide elections in 2025, the Mississippi Legislature must also determine the most appropriate dates in 2025 for elections in the affected districts.”

READ MORE: Federal judges order Mississippi Legislature to create more Black districts, may prompt 2024 elections

Rob McDuff, an attorney with the Mississippi Center for Justice, represented the plaintiffs in the litigation. He told Mississippi Today in a statement that he would have preferred the special elections be held in 2024, but he understood the Court’s reasons for waiting until 2025.

“The Legislature should promptly comply with the Voting Rights Act and adopt plans that are in line with the districts that the court approved as reasonable in its decision,” McDuff said. “We will continue advocating for Black Mississippians in this process until a complete remedy is in place.”

The panel is composed of U.S. District Judge Sul Ozerden, Chief U.S. District Judge Daniel Jordan and U.S. 5th Circuit Court of Appeals Judge Leslie Southwick. President George W. Bush appointed all three Mississippi judges to the federal bench. 

The State Board of Election Commissioners, composed of Republicans Attorney General Lynn Fitch, Gov. Tate Reeves and Secretary of State Michael Watson, could appeal the ruling to the U.S. Supreme Court.

The state has a Black population of about 38%. Currently there are 42-Black majority districts in the 122-member House and 15 Black majority districts in the 52-seat Senate.

The panel ruled earlier this month that Black-majority Senate districts should be drawn at least in the DeSoto County area in north Mississippi and in the Hattiesburg area in south Mississippi. In addition, a new Black majority House district should be drawn in the Chickasaw County area in northeast Mississippi.

However, the Legislature will still have to tweak many districts in the state to accommodate for the new Black-majority maps. Defendants had argued that the redrawing would affect a quarter of the state’s 174 legislative districts and require new elections.

State legislative leaders did not immediately respond to a request for comment Thursday on the new ruling.

Update: This story has been updated with comments from Rob McDuff, an attorney with the Mississippi Center for Justice.

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Mississippi ranks worst overall in women’s health on new national scorecard

Mississippi ranks last in women’s health and reproductive care outcomes, according to a 2024 report released Thursday by the Commonwealth Fund, a nonprofit dedicated to independent research on health policy. 

The study’s authors pointed to the state’s lack of Medicaid expansion and strict abortion ban as two major causes. 

The report, which evaluates states on health care access, affordability, quality of care and health outcomes, found “mounting disparities in women’s health and reproductive care across the United States,” with Mississippi, Texas, Nevada, Oklahoma and Arkansas scoring the worst overall. 

By contrast, Massachusetts, Vermont, Rhode Island, Connecticut and New Hampshire scored the highest. 

“This scorecard yet again reminds us that where you live matters to your health and health care,” said Dr. Joseph Betancourt, Commonwealth Fund president, in a press release. “While some states are championing women’s continued access to vital health and reproductive services, many others are failing to ensure women can get and afford the health care they need. And this failure is having a disproportionate impact on women of color and women with low incomes.”

The national maternal mortality rate nearly doubled between 2018 and 2021, rising from 17.4 to 32.9 deaths per 100,000 live births, with the highest spikes among Black and American Indian and Alaska Native women. In 2022, that rate went down to 22.3, according to the report. 

Mental health and cardiovascular problems were the leading underlying causes of maternal death – which was most prevalent in the Mississippi Delta, including Arkansas, Louisiana, Mississippi and Tennessee, where maternity care deserts – areas with no hospital offering labor and delivery and no practicing OB-GYNs – pervade counties. 

Southeastern states had the highest rates of deaths among women of reproductive age from 15 to 44 in addition to having the highest rates of maternal deaths. The study said top causes of death included preventable factors such as pregnancy complications, substance use, COVID-19, and breast or cervical cancer.

In June 2022, Jackson was at the center of the historic U.S. Supreme Court ruling that abolished the constitutional right to an abortion. This decision had a profound impact on the state of women’s health care, researchers found – not only in what services are offered to women, but also how pregnant women access care. 

“Many experts are concerned that abortion bans or limits may inadvertently reduce the number of providers offering maternity care, owing to increased risk of legal action that practices face,” the study read. 

Other studies have shown that the number of medical residency applications has declined more in states with bans than those without. 

Turning Mississippi’s health metrics around will be “very difficult” to do, authors of the report said in a media briefing Wednesday, without changing the larger, politically divisive policies. The authors referenced abortion access and Medicaid expansion as two of those policy issues.

“There are things delivery systems can do despite the policy choices Mississippi has made, but it is hard to do without the additional, in large part, resources – including Medicaid which would bring an influx of resources into the state were it to expand,” explained Sara Collins, the study’s lead author.

Mississippi is one of only 10 states not to expand Medicaid in the decade since the Affordable Care Act made it an option for states. This year, the Legislature came close to passing a version of the policy, which would have expanded income eligibility for Medicaid and provided health care to tens of thousands of Mississippians. The bill died in the last week of the legislative session after a saga of partisan politics. 

Last week, Mississippi Today unveiled a digital tracker reflecting how much federal money the state has turned down since July 1 – the date expansion likely would have gone into effect had it been passed. On Thursday, that number was $97 million. 

Mississippi scored well on the number of women insured during pregnancy, since Medicaid eligibility is significantly more inclusive for pregnant women. Federal law mandates all Medicaid programs cover pregnant women whose household income is less than 138% of the federal poverty level. But states can increase that eligibility, and Mississippi covers pregnant women making up to 194% of the federal poverty level, which is about $29,000 annually for an individual.

Collins referenced preventative measures such as screenings for postpartum depression and breast and cervical cancer as one way to affect change at the local level in spite of state politics.

While southeastern and northeastern states differed on most measures, both areas had high rates of cesarean sections among low-risk pregnancies – which the study says is a “key indicator of lower-quality maternal health care.”

In the Northeast – particularly in New York and Connecticut, which had the worst rates in their region – that could be due to individual hospitals not having a “culture of care” supporting vaginal delivery. For example, turning to interventions too quickly, simply because they are available or efficient. 

Low-risk cesareans are more common in women who are admitted to hospitals during the week, which the study said “may reflect scheduling preferences.”

Mississippi also ranked in the top five in an increase in syphilis cases among women of reproductive age, with the highest rates found in South Dakota, New Mexico, Mississippi, Arkansas and Oklahoma. 

The State Health Department last year began requiring medical providers to test pregnant women for syphilis after the state saw an alarming increase in babies born with the disease. 

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Dau Mabil’s family agrees on pathologist to perform independent autopsy

After weeks of back and forth, the widow and brother of Dau Mabil have agreed on a pathologist who can perform an independent autopsy

Hinds County Chancery Judge Dewayne Thomas wrote in a Wednesday order that Dr. Daniel Schultz, president of Florida-based Final Diagnosis, may perform the autopsy. 

Thomas denied a motion that asked for the autopsy to be performed by Bul Mabil’s choice pathologist, Dr. Matthias Okoye of the Nebraska Institute of Forensic Sciences. 

“Although the independent autopsy is to be conducted at the direction and expense of Bul Garang Mabil, this court did not exclude Karissa Bowley from the process,” the judge wrote. “As the surviving spouse of Dau Mabil, Karissa Bowley has a legal right to be included in all matters concerning this process.” 

Dau Mabil – a Belhaven Heights resident in his 30s who had been one of the “Lost Boys of Sudan” and came to Jackson in 2000 –  disappeared in March after leaving his house to go on a walk. Early on, Bul Mabil questioned what happened to his brother and whether someone was responsible. 

Weeks later, Dau’s body was found over 50 miles away in Pearl River in Lawrence County. The State Medical Examiner report released in June found Dau died from drowning, but the manner of death was undetermined. 

Bul Mabil has continued to ask whether there was any foul play, and he and his attorneys have previously said that an independent autopsy can help answer that question. 

Thomas previously ordered that an independent autopsy would need to happen within 30 days of the conclusion of any law enforcement investigation. Capitol Police completed its investigation around the end of June.

Karissa Bowley, Dau’s widow, disagreed with Bul’s choice of Okoye, pointing out how the pathologist faced a lawsuit that questioned his findings in an autopsy report. She proposed several other pathologists who could perform Dau’s autopsy. 

Bul Mabil rejected Bowley’s alternatives and provided two more before they agreed on Schultz, according to court records. Shortly after, Bul’s attorney said he chose Okoye and only agreed to Schultz if Okoye was not available. 

In Wednesday’s ruling, Thomas said Schultz met all requirements previously set by the court, but he did not make a determination about Okoye or other “allegations of incompetency and partiality” raised about the pathologist. 

The post Dau Mabil’s family agrees on pathologist to perform independent autopsy appeared first on Mississippi Today.

Podcast: Mississippi’s big night at the MLB Draft.

Rick and Tyler are brimming with pride after two Jackson Metro Area prospects went in the Top 12 picks of the Major League Baseball Draft, and the Cleveland boys make picks for this week’s Open Championship at Royal Troon.

Stream all episodes here.


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Federal grant funds professional growth for Mississippi Delta STEM teachers

Delta State University has launched a new program to help STEM teachers in the Delta.

The Collaborative for Rural STEM Education program provides resources and professional development. Its funding comes from a $1 million grant from the U.S. Department of Education.

This year’s program has 22 teachers from 12 districts, including Clarksdale Municipal School District and the Holmes County and Sunflower County Consolidated school districts.

Each teacher receives specialized training and resources based on a needs assessment. They’ll also receive support throughout the year and stipends for travel and lodging each summer.

“The need for STEM teachers in the Delta is crucial due to their relevance in today’s society and

workforce,” project director Jessica Hardy  said in a statement.

Teachers and instructors spoke highly of the program and its potential.

“The power of this program is in the growth of teachers and their capacity to develop and enhance not only STEM content, but also STEM dispositions and skills in students,” said faculty instructor Daphne Smith, 

Said Yazoo County Middle School teacher Melanie Hardy: “I am honored to have been selected to study alongside so many outstanding Mississippi Delta educators, and I look forward to implementing all of the resources provided by the CRSE into my middle school math and science classes.”

The program will run throughout the year until summer 2025. 

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For young Konnor Griffin, MLB Draft night could not have gone much better

Konnor Griffin (in grey suit) and his father, Kevin Griffin, embrace, while his mother, Kim Griffin (red dress), and girlfriend Dendy Hogan (seated at right) look on. The Pittsburgh Pirates had just made Konnor Griffin the ninth pick of the 2024 Major League Draft. Credit: Photo courtesy of Reed Hogan

First things first: Jackson Prep baseball phenom Konnor Griffin, 18 years young, will become approximately $7 million richer when he signs a Major League contract with the Pittsburgh Pirates one day soon.

Rick Cleveland

The Pirates made Griffin, the national high school player of the year, the ninth pick of Sunday night’s MLB Draft about 55 minutes into the proceedings. It might have seemed more like three hours to those in attendance at a draft watch party at the Mississippi Sports Hall of Fame and Museum. As the first eight drafted players, all college players, were announced, the tension mounted among the scores of Griffin’s family, friends, teammates and classmates in attendance. Konnor Griffin, dressed in a dapper grey suit, clasped and unclasped his hands while seemingly staring a hole through the TV screen. Kevin Griffin, his father, kept a stoic face, but his legs twitched, belying his nerves. Dendy Hogan, Konnor’s girlfriend, silently prayed.

Then at 6:55 p.m. came the news: The Pirates had picked Konnor Griffin, and the crowd thundered its approval in a startling, prolonged explosion of noise. Immediately, Konnor and Kevin Griffin stood and embraced. Behind them, Griffin’s Jackson Prep teammates hooted, hollered and high-fived, several in tears.

“I saw my name, but I couldn’t hear a word,” Konnor said, minutes later. “We’re recording it at home. I’ll hear it later.”

Dendy Hogan, girlfriend of Jackson Prep baseball star Konnor Griffin, said a silent prayer just before Griffin was drafted by the Pittsburgh Pirates. Credit: Reed Hogan

In the several minutes between virtually every earlier pick, the Griffin family retreated to a more private room for phone calls with agent, Joey Devine of Excel Sports. Sources told this reporter the Griffins turned down an offer from a team that drafted several notches above the Pirates because that team wanted him to sign for far less money than the slot value. Behind-the-scenes negotiation is common before and during the draft.

In the end, everyone in the building was thrilled. Griffin, as predicted, was the first high school player picked. And he was picked by what appears to be an up-and-coming Pirates team that has improved its record dramatically in 2024. The Pirates boast several outstanding young players, including Paul Skenes, the 2023 No. 1 overall pick, who has instantly become one of the best pitchers in baseball.

Despite Konnor Griffin’s enormous talent, his path likely will take longer than Skenes’ meteoric rise. Skenes, 22, pitched three years of college baseball, the third for national champion LSU. Griffin, recently turned 18, reclassified from the Class of 2025 to 2024, completing four years of high school in just three years in order to fast-track his baseball career. He will need at least a couple years — maybe more — of minor league seasoning to make it to The Show. He is expected to begin his pro career at Bradenton, Fla., playing for the Pirates’ Class A Bradenton Marauders in the Florida State League. Griffin had signed to play college baseball at LSU, but Baton Rouge seems a highly unlikely destination now.

The best Mississippi comparison to Griffin in recent years is probably Atlanta Braves third baseman Austin Riley, picked by the Braves in the first round (41st pick) as an 18-year-old in 2015. For the next four years Riley, who had signed to play college ball at Mississippi State, worked his way through the Braves’ farm system, step by step, until his promotion to the Major League team in 2019. He has since become a two-time National League All-Star.

The good news: Konnor Griffin already knows the lengthy task ahead — and relishes it.

“I’m ready to work,” he said. “I’m ready to do what it takes. This is the starting line. I’ve got a journey to the Big Leagues ahead of me.”

Konnor Griffin was all smiles for local and national TV cameras after being drafted by the Pittsburgh Pirates. Credit: Photo courtesy of Reed Hogan

Sunday’s MLB Draft was a reward for many years of hard work, and nobody knows that better than Kevin Griffin, the father who pitched hundreds of hours of batting practice and hit countless ground balls and fly balls for his middle son to field. “That’s what makes this so special,” Kevin Griffin. “I know how hard Konnor has worked.”

As Kevin Griffin talked to reporters, the TV above him flashed the news that former Madison Central star Braden Montgomery was the No. 12 draft pick of the Boston Red Sox and is expected to sign a contract for the slot value bonus of $5.5 million. 

When a reporter pointed that out to Kevin Griffin, he responded, “That’s just awesome. What does that tell you about Mississippi baseball, and the quality of baseball in the Jackson metro area? Two of the first 12 picks are from right here. It’s a tired act when people around the nation downplay the quality of competition in Mississippi.” 

It really is, and with the No. 15 pick, the Seattle Mariners chose Mississippi State pitcher Jurrangelo Cijntje. Surprisingly, State’s slugging outfielder Dakota Jordan, projected as a top 30 draft prospect, fell out of the first two rounds. The draft continues today with rounds 3-10. Rounds 11-20 will take place Tuesday.

Over the course of these three days, many dreams will be realized, others dashed. Konnor Griffin lived the first part of his dream Sunday night. He seems more than ready to pursue the second part sooner rather than later.

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