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Mississippi Attorney General Lynn Fitch filed another brief in support of the argument that states with strict abortion bans should be able to deny emergency medical care to pregnant women if that care involves an abortion. 

The filing in the Idaho case is called an amicus curiae brief, which allows interested parties not directly involved in a court case to submit legal documents voicing their opinion. 

The case began when the Biden administration sued Idaho for barring abortions when a pregnant woman’s health is at risk. 

Fitch added Mississippi to the amicus brief in 2022, immediately after the Dobbs decision overturned the constitutional right to abortion. Nineteen other states now stand with Mississippi, according to the newest court filing.

Fitch’s office declined to comment for this story. 

At the heart of the case, explained Mary Ziegler, one of the country’s preeminent experts on abortion law and a professor at UC Davis School of Law, is a discussion of health versus life – which she says is less of a philosophical distinction and more of a political strategy. 

“There are plenty of things that go wrong in pregnancy that can really affect your health that aren’t going to necessarily imminently kill you. But if you’re coming from a movement perspective, you see all these health justifications basically as loopholes that people are exploiting,” she said. “So, some states responded to that anxiety like Texas by having a health exception but having it be very, very, very narrow, and other states like Mississippi responded by just not having a health exception at all.”

In fact, national health policy organization KFF does not consider Texas’ health exception – to prevent “substantial impairment of major bodily function” – to be an exception at all. Mississippi is one of six ban states which does not have an exception for the health of the mother. 

Arkansas, Idaho, Oklahoma, South Dakota and Texas are the other five, according to KFF. All six have exceptions to protect the life of the mother.

The federal law at odds with these state bans is called EMTALA, or the Emergency Medical Treatment and Active Labor Act, which requires medical providers to stabilize everyone entering the emergency room before discharging or transferring them. The Biden administration argued that treatment should include abortion and should apply to mothers in ban states – if the mother’s pregnancy poses a risk to her health. 

These 20 states, including Mississippi, that have joined the “friend of the court” brief have “a profound interest in preserving the federalist structure, their power to regulate for the welfare of their citizens, and state laws adopted by citizens’ elected representatives to protect unborn children from intentional destruction,” according to the brief. 

While the argument of the amicus brief relies heavily on the principle of state rights, it also presents several anti-abortion defenses, including that doctors should not be allowed to prioritize the health of women over unborn children. 

“That EMTALA imposes obligations on hospitals to pregnant women does not allow hospitals to ignore the health of unborn children,” the brief reads. “Hospitals cannot ‘pick and choose’ between their dual obligations. They must stabilize both women and unborn children.”

But allowing states to treat life and health differently, Ziegler said, doesn’t create a distinction as much as it causes confusion. 

“If you’re going to lose an organ or be permanently disabled – does that fall under life exception or not? And some states say ‘well, yeah, our life exception doesn’t require you to be imminently dying, it just requires that there be a threat to your life, and certain organ damage could qualify.’ But it’s also sort of unclear.” 

After Mississippi’s abortion ban took hold in July 2022, the state’s number of abortions plummeted to nearly zero – despite the fact that Mississippi’s ban has two exceptions: to protect the life of the mother, and cases where the pregnancy was caused by rape and reported to law enforcement. 

Cases like Ashley, the 13-year-old Delta girl TIME magazine wrote about who was raped and forced to carry her baby to term, show that the exceptions can be theoretical.

Only four abortions were performed in Mississippi in 2023, according to data from the Mississippi State Department of Health.

If the Supreme Court votes in favor of the states, Ziegler says it probably wouldn’t change much for a state like Mississippi. If, however, the Supreme Court votes in favor of the Biden administration, it could change the landscape – not of abortion generally, but in those instances where a woman goes to the emergency room for pregnancy complications and doctors are deciding if they can legally treat her. 

“If the Supreme Court ultimately said that EMTALA does cover a universe of physical emergencies that are not imminently life-threatening, and here are some of those examples, it would be very hard for Mississippi prosecutors to go after anyone who performed procedures in those circumstances,” Ziegler said.

A similar case is playing out in Texas.

The Idaho case is currently awaiting an oral arguments hearing in December, after which the 9th U.S. Circuit Court of Appeals will issue an opinion. If appealed, it will return to the Supreme Court.

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Mississippi’s 165th state fair just came to an end. The past week saw Mississippians of all ages flock to the heart of Jackson to enjoy freshly squeezed lemonade, every kind of fried food imaginable, gentle animals, thrilling games, and rides (for the particularly brave). The Mississippi Today team didn’t miss out.

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On Thursday evening and Friday morning, the U.S. Department of Justice and the Environmental Protection Agency held listening sessions in the capital city to hear Jacksonians’ thoughts on the work being done with the city’s drinking water system.

While many recognized the progress in the system’s reliability, residents continued to lament JXN Water’s increased water bills, which went into effect earlier this year despite a key component of the billing change — a discount for SNAP recipients — being held up in court. Most of the complaints centered around the new $40 availability charge, as well as issues getting help through JXN Water’s call center in Pearl.

But before those meetings kicked off, U.S. District Judge Henry Wingate, whose 2022 order put JXN Water and its leader Ted Henifin in charge of the water rehabilitation, criticized federal attorneys over the EPA’s decision to hold the public meetings.

During a Thursday afternoon status conference, where Henifin detailed the faster-than-expected progress in fixing Jackson’s sewer system, Wingate questioned DOJ attorney Karl Fingerhood, who represents the EPA in the lawsuit over Jackson’s water system, for roughly an hour about the meetings.

The judge wondered why the EPA would invite feedback from the public in a venue outside the court, and even asked Fingerhood if the listening sessions would somehow undermine the court proceedings. Wingate repeatedly referred to a hearing he held in 2023 where he invited feedback from Jackson residents about Henifin and JXN Water’s work thus far.

While that meeting was held more than a year ago and Wingate hasn’t announced plans for one since, the judge wondered why the EPA didn’t consult him about their plans. Fingerhood explained that the meetings weren’t meant to be formal proceedings, but that the EPA had made a commitment to hear Jacksonians’ feedback and that it had been a while since the agency had last engaged with residents.

After last year’s hearing in Wingate’s courtroom, where residents and advocates made a range of requests including more communication from JXN Water, the judge filed a response brushing off most of the feedback he heard, even calling some criticisms of Henifin “racist.”

Both Wingate and Henifin also pointed to a letter that Jackson Mayor Chokwe Antar Lumumba sent the EPA in March criticizing JXN Water, wondering if the EPA was holding the meetings in response to the mayor’s concerns. Fingerhood denied any connection.

Wingate also used the moment as a chance to call out Lumumba, who the judge has scolded in prior status conferences, saying: “The mayor it seems to me is not a friend of this endeavor to straighten out this mess.”

Sewer and water system progress

At the start of Thursday’s status conference, Henifin informed the court that JXN Water has already repaired close to 300 sewer line failures around the city since it took over the wastewater system last year. Those include 215 that the court order listed in one of the priority projects. Henifin initially expected that project would take two to three years to finish. He added that JXN Water was able to make the repairs without any federal funds. Most of the lines needing repairs, Henifin said, were collapsed underground pipes, and were causing raw sewage to leak out onto city streets and even on residents’ property.

Henifin added that JXN Water inherited 2,200 service requests dealing with sewer issues around the city, and they’ve since reduced the backlog to under 200.

He said one of the city’s three wastewater treatment plants, the Savanna Street plant, still needs a lot of investment — about $36 million — for capitol improvements, but he added that JXN Water has been able to reduce the number of prohibited bypasses of wastewater into the Pearl River.

On the drinking water side, Henifin explained that by fixing leaks JXN Water has been able to reduce the amount of water it needs to put into the system by 25%, adding though that there is still a 50% loss of what water does get treated and sent out. The hope, he said, is to keep decreasing the amount of water needed to go out — to below 30 million gallons a day, versus the current output of 40 MGD — so that the city can finally close the age-old J.H. Fewell plant and save money on operations. To do that, JXN Water is working with four different contractors to find suspected underground leaks that never show up above the surface, thus making them harder to find.

In terms of billing, Henifin said JXN Water will in “the next few weeks” start shutting off connections to single-family homes that are falling behind, starting with the largest balances. Wingate added, “I don’t have very much mercy for those people” not paying their bills.

Public’s feedback

About 50 people showed up to each of the two meetings the EPA held at the Mississippi e-Center on Thursday and Friday. Some, like Jessica Carter, complained about a lack of communication from JXN Water when it shuts water off to make repairs.

“Just three weeks ago, I woke up and the water was off,” said Carter, who lives in northeast Jackson. “No notice, no letters, no nothing. I kept calling, kept calling, asking what’s going on … We went about 36 hours without running water this time. I have a 4-year-old, so I’m trying to figure out what do I have to do? Do we need to get a hotel room?

“I kept calling the hotline, they didn’t have the answers either… then once water came on, I was like, will be there be a reduction in the water charges for the 36 hours that the water was turned off?”

Part of the feedback the EPA asked for was over the long-term future of the system. While some said that the water system shouldn’t return to the city’s control, others noted that the city never had the resources that JXN Water is accessing.

“Before that Jackson didn’t have that money to do that work,” Natt Offiah, who grew up down the street from the meeting but now lives downtown, said about the $600 million Congress appropriated for Jackson after the federal takeover. “Now we got that money to do the work, everyone’s acting like Jackson didn’t care, but we didn’t have those resources to begin with.”

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The University of Southern Mississippi’s Center for Oral History and Cultural Heritage launched a new longform podcast about Mississippians in World War II.

The 10-episode first season of the “Voices of Our People” podcast covers World War II from the Pearl Harbor attack to Armistice Day. The podcast consists of oral histories from Mississippians who experienced the war on the homefront and overseas, as well as storytelling from historians at USM’s Dale Center for the Study of War and Society. Mississippi musician and media personality Bill Ellison serves as the host.

“By combining the insights of our state’s leading scholars with the memories of those who lived it, the ‘Voices of Our People’ series attempts to contextualize our shared experiences with the goal of gaining a more grounded view of history,” said Ross Walton, who leads digital production and preservation at the oral history center and hosts its other podcast called “Mississippi Moments.”

“Each season of the series will examine a different historic event that shaped who we are as Mississippians and Americans,” Walton said.

The 20th anniversary of the USM center’s “Mississippi Moments” podcast inspired Walton to create a new podcast using the oral history center’s extensive collection of oral histories from World War II.

“Often unfiltered and raw, these interviews capture the deep, visceral reactions to such an uneasy age,” said Dr. Kevin Greene, historian and director of the oral history center. “They give voice to the voiceless in a way only qualitative interviewing can.”

Listen to Voices of Our People at this link.

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Mississippi Division of Medicaid Executive Director Drew Snyder is resigning after nearly seven years serving in the position. He will serve until the end of the month.

Gov. Tate Reeves appointed Cindy Bradshaw, the division’s deputy executive director for eligibility, to replace Snyder.

The Magnolia Tribune first reported the news.

Snyder declined to say where he would go next. He would only confirm it was a job in the private sector.

Snyder has led the division since Dec. 2017, when he was appointed by then-governor Phil Bryant. He previously served as Bryant’s policy director and counsel. 

The Division of Medicaid provides health insurance to over 700,000 low-income Mississippians, including children, pregnant women and disabled adults. 

Bradshaw served as Mississippi’s State Insurance Administrator before joining the Division of Medicaid. 

“Drew Snyder has done a great job as executive director of Division of Medicaid, and I wish him all the best in his future endeavors,” said House Medicaid Chair Missy McGee, R-Hattiesburg.

The Division of Medicaid and Gov. Tate Reeves’ office did not respond to Mississippi Today’s request for comment by press time. 

“Mississippi Medicaid is in the best fiscal shape in its history,” said Snyder at the Joint Legislative Budget Committee Hearing Sep. 26, less than two weeks before announcing his resignation. 

He said today, the agency’s budget represents 9.2% of the state’s total state support appropriation, down from 16% in fiscal year 2016, two years before he was appointed. 

Synder acknowledged that the state’s appropriation would increase in coming years due to reduced public health emergency federal spending and dwindling surplus funds.

Snyder took the helm at the division during a time of conflict between the division and the governor’s office. Prior Medicaid director David Dzielak was asked to resign just weeks before the 2018 legislative session after he requested an additional $47.3 million to close the gap in the agency’s budget and failed to voice agreement with Bryant’s plan for the Mississippi Department of Human Services to take over insurance eligibility determinations.

Snyder joined Mississippi Medicaid as controversy bloomed over the decision to award the division’s lucrative managed care contracts to three for-profit companies over nonprofit Mississippi True, which is managed by Mississippi hospital leaders. Though legislators made efforts to allow Mississippi True to re-bid for the contract, Magnolia Health, United Healthcare and Molina Healthcare ultimately kept the contract. 

He also oversaw the agency through the COVID-19 pandemic, which saw enrollment numbers soar to over 900,000 Medicaid and Children’s Health Insurance Program enrollees in May 2023 and drop to 705,000 by July 2024. During the pandemic, states were not allowed to remove beneficiaries from their rolls. In April 2023, the division was again required to review beneficiaries’ eligibility, beginning the “unwinding” process.

Snyder oversaw the rollout of extended postpartum coverage for Mississippi mothers and the beginnings of a new law allowing pregnant women to access prenatal care that went into effect in July. 

The program is currently on hold as the division works with the Centers for Medicare and Medicaid Services, which requested to review additional information from the state.

Before joining Bryant’s team, Synder served as an assistant secretary of state for policy and research under Delbert Hosemann.

The director of the division serves at the pleasure of the governor and is required to meet one of three criteria: be a physician with health administration experience, hold a degree in medical administration or have three years’ experience developing policy for Medicaid programs.

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So much to discuss and dissect this week: Vandy toppling Bama, Ole Miss righting the ship and preparing for LSU, a banner Sanderson Farms Championship that now has new life, and how injuries killed the Atlanta Braves and are ruining a promising Saints season. All that and more…

Stream all episodes here.

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Oct. 9, 2009

Barack Obama was awarded the Nobel Peace Prize for “his extraordinary efforts to strengthen international diplomacy and cooperation between peoples.” 

The Nobel officials praised Obama’s “dialogue and cooperation across national, ethnic, religious and political dividing lines. As President, Obama called for a new start to relations between the Muslim world and the West based on common interests and mutual understanding and respect. In accordance with a promise he made during his election campaign, he set in motion a plan for the withdrawal of U.S. occupying forces from Iraq.” 

Nobel officials also praised his support for a “world free from nuclear weapons.” 

He was the third African American to win the award. The previous winners were Martin Luther King Jr. and Ralph Bunche.

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