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Sen. Jon Tester fundraised with group that vowed to ‘dismantle the system’

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Sen. Jon Tester fundraised with group that vowed to ‘dismantle the system’


Sen. Jon Tester — whose moderate, simple-farmer image has keyed his elections in a red state — was invited last week to fundraise with a Mississippi criminal justice group linked to an organization that pushed bail funds during riots in the summer of 2020 and backs the teaching of critical race theory in public schools.

The 66-year-old Tester (D-Mont.) was asked to deliver the keynote address on June 9 at the Mississippi Association for Justice’s annual convention in New Orleans and given time for a special fundraiser beforehand, The Post has learned.

The association worked with the Mississippi Center for Justice (MCJ), which advocated donating to bail funds in June 2020 following the murder of George Floyd and opposed a state law passed last year that banned K-12 schools and universities from teaching that any race is superior or inferior or that people should be treated differently based on their race.

In a March 3, 2022, press release, the MCJ said the state law claims to “root out critical race theory in Mississippi’s public schools, but will actually whitewash history and attack academic freedom.”

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Sen. Jon Tester (D-Mont.) was invited last week to fundraise with a Mississippi criminal justice group that partnered with an organization promoting bail funds amid riots in summer 2020.
AP

The Mississippi Association for Justice has been listed as one of the MCJ’s “social justice partners” helping to “dismantle the system” in the state “through a potent combination of direct legal services, strategic policy advocacy and community outreach,” in the words of the group’s 2020-2021 impact report.


Mississippi Association for Justice conference invitation
Tester, 66, was asked to deliver the keynote address on June 9 at the Mississippi Association for Justice’s annual convention in New Orleans.

Attorneys for the MCJ have also praised Homeland Security Secretary Alejandro Mayorkas for prohibiting Immigration and Customs Enforcement from cracking down on the use of undocumented migrant workers.

The Mississippi Association for Justice hailed Tester last week as “a third-generation Montana dirt farmer who brings his Montana values with him to the U.S. Senate” and is “relentless in defending Montana from outsiders coming into the state that are hell-bent on buying the elections, taking public lands, and chipping away at personal freedoms.”


The Mississippi Center for Justice 2020-2021 impact report
The Mississippi Association for Justice is listed as one of the organization’s “social justice partners” helping to “dismantle” the legal system in the state.
mscenterforjustice.org

“Jon’s work has improved access to services for our veterans, increased accountability in Washington, lowered prescription drug costs, secured more resources for our Border Patrol and military, and delivered on rural priorities for Montana,” the invitation read.

Tester, who is running for a fourth Senate term, has taken in more than $3 million from individual contributions to his primary campaign fund in the first quarter of 2023, most of which came from out-of-state donors.


Sen. Jon Tester (D-Mont.)
The Mississippi Association for Justice hailed the Democratic senator last week as “a third-generation Montana dirt farmer who brings his Montana values with him to the U.S. Senate.”
AP

The Montana Democrat raised more than $2.6 million from individual contributors in other US states and the District of Columbia, while taking in a little more than $400,000 from residents of the senator’s home state, FEC data show.

Half of Tester’s out-of-state fundraising — roughly $1.3 million — came from donors in DC, New York and California.


Sen. Jon Tester (D-Mont.)
Half of Tester’s out-of-state fundraising — roughly $1.3 million — came from donors in DC, New York and California.
AP

In March, Tester showed up at a swanky Palo Alto fundraiser, where donors — including a partner from the recently collapsed Silicon Valley Bank — paid between $250 and $6,600 to attend.

Tester is considered one of the most vulnerable Senate Democrats up for re-election in 2024 and could face another challenge from Rep. Matt Rosendale (R-Mont.), who lost to the senator in 2018 before winning a House seat in 2020.

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Former President Donald Trump won Montana by a margin of 16 points the same year.

The Tester campaign did not respond to a request for comment.





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Mississippi Supreme Court balance of power at stake in upcoming runoff

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Mississippi Supreme Court balance of power at stake in upcoming runoff


JACKSON, Miss. (WLBT) – Four of Mississippi’s Supreme Court Justices were up for re-election this year. Two of those had opponents. One lost in the general election and the other is going to a runoff.

The outcome of next Tuesday’s runoff could change the overall balance of power on the court.

Michigan State University College of Law Professor Quinn Yeargain explains that nonpartisan elections make it tough to get a sense of the ideology of state supreme courts.

The best way to get a glimpse of how the court leans is to look at previous decisions. Yeargain pulled six notable cases to examine.

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“In recent years the Mississippi Supreme Court has been more of a far-right court or very conservative court than a moderate-conservative court,” noted Yeargain who is a state constitutional law scholar.

He created a color-coded chart with pink indicating more conservative decisions and green the more moderate ones.

“And so a lot of the decisions that it has reached have been or have had a tendency to be a little bit more extreme, more deferential to the state legislature, more deferential to the governor, less willing to recognize individual rights and liberties, less willing to believe that the government has isolated peoples, individual rights and liberties,” said Yeargain.

The more conservative opinion won out in all of the example cases. But one of those four justices that leaned that way every time referenced is now being replaced. Justice Dawn Beam was defeated by Gulfport lawyer David Sullivan.

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“There’s still a lot that will need to be learned about the ideology of the new justice,” Yeargain noted.

Then there’s this runoff for Central District 1 Position 3 with Jim Kitchens and Jenifer Branning.

“Justice Kitchens has been more willing to hold the government to account, to express skepticism about the nature of what the government is doing, and how it is acting,” he said. “But Senator Branning, for example, has been in the government. She has been one of these actors and I think it’s fair to conclude that she might be more deferential to the legislature or to the Governor in how she approached her rulings.”

Yeargain notes that it’s not to say that would be the case for Branning.

He hopes voters will do research about the positions of the judges before returning to the polls for the runoff.

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Attorneys want the US Supreme Court to say Mississippi's felony voting ban is cruel and unusual

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Attorneys want the US Supreme Court to say Mississippi's felony voting ban is cruel and unusual


JACKSON, Miss. (AP) — The U.S. Supreme Court should overturn Mississippi’s Jim Crow-era practice of removing voting rights from people convicted of certain felonies, including nonviolent crimes such as forgery and timber theft, attorneys say in new court papers.

Most of the people affected are disenfranchised for life because the state provides few options for restoring ballot access.

“Mississippi’s harsh and unforgiving felony disenfranchisement scheme is a national outlier,” attorneys representing some who lost voting rights said in an appeal filed Wednesday. They wrote that states “have consistently moved away from lifetime felony disenfranchisement over the past few decades.”

This case is the second in recent years — and the third since the late 19th century — that asks the Supreme Court to overturn Mississippi’s disenfranchisement for some felonies. The cases use different legal arguments, and the court rejected the most recent attempt in 2023.

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The new appeal asks justices to reverse a July ruling from the conservative 5th U.S. Circuit Court of Appeals, which said Mississippi legislators, not the courts, must decide whether to change the laws.

Stripping away voting rights for some crimes is unconstitutional because it is cruel and unusual punishment, the appeal argues. A majority of justices rejected arguments over cruel and unusual punishment in June when they cleared the way for cities to enforce bans on homeless people sleeping outside in public places.

Attorneys who sued Mississippi over voting rights say the authors of the state’s 1890 constitution based disenfranchisement on a list of crimes they thought Black people were more likely to commit. A majority of the appeals judges wrote that the Supreme Court in 1974 reaffirmed constitutional law allowing states to disenfranchise felons.

About 38% of Mississippi residents are Black. Nearly 50,000 people were disenfranchised under the state’s felony voting ban between 1994 and 2017. More than 29,000 of them have completed their sentences, and about 58% of that group are Black, according to an expert who analyzed data for plaintiffs challenging the voting ban.

To regain voting rights in Mississippi, a person convicted of a disenfranchising crime must receive a governor’s pardon or win permission from two-thirds of the state House and Senate. In recent years, legislators have restored voting rights for only a few people.

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The other recent case that went to the Supreme Court argued that authors of Mississippi’s constitution showed racist intent when they chose which felonies would cause people to lose the right to vote.

In that ruling, justices declined to reconsider a 2022 appeals court decision that said Mississippi remedied the discriminatory intent of the original provisions in the state constitution by later altering the list of disenfranchising crimes.

In 1950, Mississippi dropped burglary from the list. Murder and rape were added in 1968. The Mississippi attorney general issued an opinion in 2009 that expanded the list to 22 crimes, including timber larceny, carjacking, felony-level shoplifting and felony-level writing bad checks.

Justice Ketanji Brown Jackson wrote in a 2023 dissent that Mississippi’s list of disenfranchising crimes was “adopted for an illicit discriminatory purpose.”

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Along the Mississippi River, an acorn-collecting ‘legend’ works to save struggling forests

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Along the Mississippi River, an acorn-collecting ‘legend’ works to save struggling forests


Jerry Boardman doesn’t remember exactly when he started collecting acorns in the fall.

But the thousands upon thousands of them he gathers to share with people working to improve habitat along the Mississippi River makes the 81-year-old resident of De Soto, a village of about 300 between La Crosse and Prairie du Chien, a pretty big deal.

“It’s like a myth or a legend,” Andy Meier, a forester for the U.S. Army Corps of Engineers who receives a portion of Boardman’s bounty, said of the integral role it plays in his work. “It just has always been that way.”

In reality, Boardman began collecting around the time that the need for acorns — a nut that contains the seed that grows oak trees — was becoming critical. For the past few decades, the trees that grow in the Mississippi River floodplain, known as floodplain forests, have been struggling. Although they’re named for their ability to withstand the river’s seasonal flooding, they’ve recently been overwhelmed by higher water and longer-lasting floods.

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Overall, forest cover along the stretch of the river from Minnesota down to Clinton, Iowa, decreased by roughly 6% between 1989 and 2010, according to a 2022 report on ecological trends on the upper Mississippi. In the years since, losses in some places have neared 20% — and were particularly acute following a massive flood event in 2019.

What exactly is driving the excess water isn’t fully fleshed out, but climate change and changes in land use that cause water to run off the landscape faster are likely factors.

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The result is mass stretches of dead trees that can no longer perform their functions of providing wildlife habitat, sucking up pollutants that would otherwise run downriver, and slowing water during floods. Reno Bottoms, a sprawling wetland habitat on the river near Boardman’s hometown of De Soto, is one such example of the dispiriting phenomenon.

Boardman, who has been a commercial fisherman, hunter and trapper on the river for most of his life, called the change in forest cover in recent years “shocking.” To combat it, he puts in about 100 hours a year between August and October gathering acorns from the floodplain in De Soto, Prairie du Chien and La Crosse. The idea is that if the trees that produced the acorns were successful enough at warding off flood damage to drop seeds, those seeds might be similarly resilient if replanted.

He looks for acorns from the bur oak, pin oak and swamp white oak, the latter of which is particularly well-suited to the floodplain forest. And the numbers he puts up are impressive — last year, he collected about 130,000; this year, 65,000.

He splits up the total to give to the Army Corps and the U.S. Fish and Wildlife Service, both of which have foresters planting trees to restore floodplain habitat.

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“Pretty much everything that Jerry collects, in one way or another, will return to the river,” said Meier, with the Corps.

Last fall, for example, they scattered between 20,000 and 30,000 of Boardman’s swamp white oak acorns near McGregor Lake, a river backwater near Prairie du Chien where the Corps is piloting an effort to protect trees from flood inundation by raising the forest floor a few inches.

This spring, Meier said, he was “blown away” by the approximately 1,000 seedlings that had taken root there and begun to sprout.

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Having access to Boardman’s acorns is important because it gives foresters the chance to experiment with direct seeding, instead of buying young trees and planting them. Direct seeding is both cheaper and more likely to result in a viable tree, because the seed is local.

“When we have an opportunity to get something we know came from the river, we know that it’s adapted to growing there,” Meier said.

To maximize his time, Boardman uses a contraption not unlike ones used to pick up tennis balls to scoop up the acorns. One small variety, though, requires collectors to “get down on your hiney or your knees” to pick them up, he said. For those, he relies on a little grunt work.

Ev Wick, a fifth grade teacher at De Soto’s Prairie View Elementary, has taken his students out for an acorn-gathering day with Boardman for the past several years. Boardman scouts the best trees ahead of time, Wick said, then the kids get to work. They can pick up between 5,000 and 6,000 in a day, propelled by friendly competitions to see who can collect the most or fill their bucket quickest.

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They’re interested when Boardman tells them all the acorns they collect will eventually be planted on the islands they see in the river, Wick said. But most of all, they do it to thank Boardman for taking them out fishing and ice fishing in the winter and spring.

Acorn-gathering is just one of Boardman’s talents. Along with other members of Friends of Pool 9, a group of area residents who work to protect natural resources, he hosts fishing days, runs river cleanups and counts bald eagle nests to report to the Fish and Wildlife Service.

Whether it’s acorn-related or otherwise, Meier said it’s amazing to see the commitment Boardman has to ensuring the river continues to thrive.

To Boardman, the chance to donate acorns or otherwise help out is a no brainer.

“That river has given me so much,” he said. “I’ve just got to give back all I can give.”

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Madeline Heim is a Report for America corps reporter who writes about environmental issues in the Mississippi River watershed and across Wisconsin. Contact her at 920-996-7266 or mheim@gannett.com.



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