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Mississippi, where abortion is technically both legal and illegal – The Oxford Eagle

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Mississippi, where abortion is technically both legal and illegal – The Oxford Eagle


Regardless of the present abortion ban imposed by state regulation, a courageous physician might theoretically carry out the medical process and argue in court docket that she was performing based mostly on what the Mississippi Supreme Court docket stated was authorized.

After all, a physician difficult the regulation is likely to be labeled as silly as an alternative of courageous because the doctor would run the danger of dropping her medical license and face the specter of being sentenced to jail underneath circumstances of the state regulation banning abortion. No telling how judges in Mississippi may rule on the problem.

However the reality stays that Mississippi is on this unusual place the place abortions not are being carried out due to state regulation but there’s a Supreme Court docket determination saying the Mississippi Structure gives abortion rights. And a ninth grade civics scholar learns that the structure supersedes state regulation.

Primarily based on that 1998 Supreme Court docket ruling in Professional-Selection Mississippi v. Kirk Fordice, Jackson Ladies’s Well being Group — what had been the state’s solely abortion clinic — just lately filed a lawsuit asking that the state abortion ban regulation be blocked. Many assumed that the final word end result of the lawsuit can be {that a} decrease court docket would grant, maybe reluctantly, the movement to postpone the ban after which the state would enchantment to the Mississippi Supreme Court docket, which might situation a ruling reversing the 1998 determination that stated there was a constitutional proper to an abortion.

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However Chancellor Debbra Halford of Franklin County, appointed by state Supreme Court docket Justice Michael Randolph to listen to the case, took a unique path. She refused to dam the abortion ban.

Halford identified that the U.S. Supreme Court docket had reversed Roe v. Wade, which offered the federal constitutional proper to an abortion. She reasoned that the 1998 state state Supreme Court docket ruling was made as a result of the U.S. Supreme Court docket had dominated in Roe v. Wade that abortion was authorized based mostly on rights underneath the U.S. Structure.

However Halford couldn’t cite the place the Mississippi Supreme Court docket stated within the 1998 ruling that abortion was a proper underneath the Mississippi Structure contingent on Roe v. Wade. The state Supreme Court docket majority opinion stated in 1998 abortion was a proper underneath the Mississippi Structure, separate and aside from Roe.

Additional, Halford, proving she was a soothsayer in addition to a authorized scholar, stated that when the case obtained again earlier than the state Supreme Court docket, it will reverse the 1998 ruling. She most certainly is right, and we’ll discover out quickly as a result of the clinic appealed her ruling to the state Supreme Court docket.

However what if the abortion rights supporters stopped their lawsuit after the Halford determination? The state would have been left within the aforementioned unusual place the place there was a regulation banning abortion regardless that there was a constitutional proper to an abortion as acknowledged within the 1998 Mississippi Supreme Court docket ruling. Halford’s ruling didn’t overturn that 1998 Supreme Court docket ruling.

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It could possibly be argued that Jackson Ladies’s Well being Group is doing the state a favor by interesting the Halford determination, giving the Supreme Court docket the chance to reverse the 1998 determination or proclaim unequivocally the state structure gives abortion rights.

In 1996, then-U.S. Decide William Barbour of the Southern District of Mississippi prevented some restrictions positioned on abortion clinics by the state from taking impact.

Barbour of Yazoo Metropolis, a relative of former Gov. Haley Barbour, stated on the time he was personally against abortion and the choice he was making pained him, however it was the one determination he might make since Roe v. Wade was the regulation of the land.

Late final month, after all, the U.S. Supreme Court docket in a landmark determination reversed Roe v. Wade, that means abortion rights not are assured within the U.S. Structure. That ruling led to the present abortion ban in Mississippi.

However whereas Roe was the regulation, scores of federal judges, even those that opposed abortion like William Barbour, issued rulings defending abortion rights as a result of, they stated, they didn’t have the authority to overrule the U.S. Supreme Court docket.

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Identical to Roe v. Wade was the governing authority for Barbour and all these decrease court docket federal judges, Professional-Selection Mississippi v. Fordice was and is the precedent for all of the decrease court docket state judges in Mississippi.

Simply because the U.S. Supreme Court docket can and did overturn Roe v. Wade, the Mississippi Supreme Court docket can and most certainly will overturn Professional-Selection Mississippi v. Fordice.

However William Barbour identified in 1996 that could be a determination for the Supreme Court docket, not for the decrease courts.

 

This evaluation was produced by Mississippi Immediately, a nonprofit information group that covers state authorities, public coverage, politics and tradition. Bobby Harrison is Mississippi Immediately’s senior Capitol reporter.

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Mississippi

‘If they cannot play Thalia Hall, they cannot play in Mississippi at all’: Broadway in Jackson speaks out about possible show cancellations

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‘If they cannot play Thalia Hall, they cannot play in Mississippi at all’: Broadway in Jackson speaks out about possible show cancellations


JACKSON, Miss. (WLBT) – It’s been one month since Thalia Mara Hall closed its doors due to a mold outbreak.

Innovation Arts and Entertainment is the company responsible for bringing Broadway productions to Jackson.

Representatives from the company visited Jackson after hearing the building had been closed.

CEO Adam Epstein says the City of Jackson did not inform them of the news.

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“We did not find out from anybody within the city. We found out by reading news clippings forwarded to us by other people in Jackson,” Epstein said.

Certified Industrial Hygienic Testing reported visible dirt, debris, and suspected mold growth on many surfaces.

Epstein fears this could change the possibility of bigger shows coming to the capital city.

“They’re going to skip over us because of this mess. We need to show as a community that Jackson cares about this valuable asset and that we demand our elected leaders to support and treat this really, incredibly valuable asset with the TLC it deserves,” he said.

Thalia Mara Hall is the only venue in the state that can host a Broadway production due to the technical needs and accommodations required.

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“Touring theatrical shows. If they cannot play Thalia Hall, they cannot play in Mississippi at all,” he said.

Broadway in Jackson is not only a great source of entertainment in the city, but it’s also beneficial economically.

“Those other businesses don’t benefit. The city doesn’t earn tax revenue from events that we present. They don’t earn rental income from the events we present. They don’t earn facility fees from the events we present. This is a real tragedy. It’s unacceptable.”

The well-being of the potential audience is the company’s main priority.

“I will not risk our ticket buyers’ health and safety and comfort. Our shows can and will cancel before we’d ever put somebody in jeopardy. We’ve issued a 100% guarantee of a full refund if the venue is not given a clean bill of health,” Epstein said.

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All shows will be canceled on a case-to-case basis.

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Tire failure suspected in deadly Mississippi bus crash, NTSB says

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Tire failure suspected in deadly Mississippi bus crash, NTSB says



Investigators with the National Transportation Safety Board are conducting a probe into Saturday’s crash that killed seven and injured 36 people.

The deadly bus crash in Mississippi that killed seven people and injured dozens of others early Saturday occurred after the vehicle experienced a tire failure, causing it to run off the road and overturn, officials and authorities said.

Investigators with the National Transportation Safety Board, in coordination with the Mississippi Highway Patrol, are conducting a probe into Saturday’s crash that left seven people dead and another 36 people injured. The collision occurred at about 12:40 a.m. on Interstate 20 near Vicksburg, Mississippi, when the bus left the roadway and overturned.

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The bus, which authorities described as a 2018 Volvo commercial passenger bus, traveled westbound when its left front tire failed, NTSB member Todd Inman said at a news conference Sunday. The bus then moved onto an embankment and rolled over on its left side.

Inman added that investigators will be at the scene for at least another week and are looking into several factors of the crash, including the vehicle’s mechanical condition, motor carrier safety, the condition and experience of the driver, and environmental factors.

According to U.S. Department of Transportation records, the bus was operated by Autobuses Regiomontanos. Records show that in the 24 months before Saturday, the transit company’s vehicles were involved in one fatal crash, two injury collisions, and a crash requiring a tow truck.

The transit company has over 20 years of experience and provides trips between more than 100 destinations throughout Mexico and the United States, according to Autobuses Regiomontanos’ website.

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“Everyone at the NTSB sends their expressions of sorrow for everything that the survivors and victims of this crash went through,” Inman said.

7 killed, 36 injured in bus crash

The bus carried a total of 41 passengers and two drivers, according to authorities. It was traveling from Atlanta to Dallas when the incident occurred.

No other vehicles were involved in the crash, according to Master Sergeant Kervin K. Stewart with the Mississippi Highway Patrol. Six people were pronounced dead at the scene and another person died later at a hospital, Stewart said.

Another 36 people were transported to area hospitals.

Warren County Coroner Doug Huskey said two victims killed in the crash were identified by their mother as a 16-year-old girl and an 8-year-old boy, according to The New York Times. Authorities were working to identify the other victims.

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Contributing: Jeanine Santucci, USA TODAY



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This drive showed where Mississippi State football offense can improve for Arizona State

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This drive showed where Mississippi State football offense can improve for Arizona State


STARKVILLE — Mississippi State football’s offense had a high-flying Saturday in coach Jeff Lebby’s first game.

It scored touchdowns on six of its first nine drives — one of which was a one-play kneel down to end the first half — leaving Eastern Kentucky buried early and deep at Davis Wade Stadium. It was a 56-7 win for the Bulldogs, with them leading 35-0 at one point in the first half. 

Baylor transfer Blake Shapen was superb at quarterback and numerous wide receivers such as Jordan Mosley, Kevin Coleman, Mario Craver Jr. and Creed Whittemore made big plays against EKU (0-1). 

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Even still, Lebby wasn’t completely satisfied with the performance. 

“I think there was a whole lot of good,” Lebby said postgame. “Proud of our guys for their energy and their competitive spirit and toughness they played with, but there’s so many things to clean up. I think that’s the biggest takeaway is that you got a chance to go win the way we won, but we’re going to need to play better, play cleaner and that’s where we’re going to look forward to as we get back into it.”

Take Mississippi State’s third offensive drive as an example of where it can improve. 

It was the Bulldogs first drive where they didn’t score points, even though it began at the MSU 46-yard line.

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MSU (1-0) was penalized for an illegal formation on the first play of the drive, negating a 47-yard catch-and-run from Craver. Three plays later, after Shapen scrambled 12 yards for a first down, MSU was whistled for another illegal formation. Mississippi State then failed to convert on 4th-and-3 from the EKU 33-yard line.

Those were the only penalties committed by Mississippi State’s offense all night, but it’s not the first time we’ve heard of those types of MSU infractions. In the preseason, following Mississippi State’s first scrimmage that was closed to the public, Lebby noted that “non-playing penalties” were a work in progress. 

Players have said that Lebby’s up-tempo pace has been an adjustment. Perhaps it’s one that’s still ongoing. 

“Looking back at the game, we did a lot of good things, but there were a couple drives that we killed the drive,” Shapen said. “So, we can keep getting better. I think an emphasis for me is just to let everybody know that we haven’t arrived or anything. We got a lot more to prove, especially going in to play a good Arizona State team next week.”

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MORE: Jeff Lebby says Mississippi State football didn’t put on a good enough show. Here’s how he’s wrong

Arizona State might be better than anticipated

MSU’s Week 2 game at Arizona State (9:30 p.m., ESPN) was always going to be its most challenging in the nonconference schedule, but it looks even more so now. 

Arizona State routed Wyoming 48-7 on Saturday night. The Sun Devils were about a seven-point favorite entering the game in Tempe, and Wyoming, historically, is no cakewalk in the Group of 5. It was an impressive statement from second-year coach Kenny Dillingham after a 4-9 season in 2023. 

The Sun Devils (1-0) scored two defensive touchdowns, forced three turnovers and held Wyoming (0-1) to 118 total yards of offense. Sixty-two of those yards came in the fourth quarter with the game already well decided.

Sam Sklar is the Mississippi State beat reporter for the Clarion Ledger. Email him at ssklar@gannett.com and follow him on X @sklarsam_.

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