Mississippi
The United States Department of Justice and the Mississippi Attorney General move to prevent needed water rate relief to 40,000 residents of Jackson, Mississippi
Actions by the US Department of Justice will delay or potentially eliminate the ability to provide water rate relief to the estimated 15,000 households served by JXN Water which currently receive SNAP benefits.
JACKSON, Miss., June 15, 2024 /PRNewswire-PRWeb/ — The US Department of Justice (US DOJ) and the Mississippi Attorney General filed notices of appeal from the order issued by US Federal District Judge Henry T. Wingate’s on April 16, 2024, directing the United States and the State of Mississippi to confidentially disclose Supplemental Nutritional Assistance Program (SNAP) information to the Interim Third-Party Manager (ITPM).
The SNAP data is needed by the ITPM to identify customers that are eligible to be included in the new SNAP Customer Classification implemented with the new rate structure effective on February 1, 2024. The rate for customers in the SNAP Customer Classification includes a reduced availability fee, ensuring water and sewer bills can be paid by all. It will also allow the ITPM to avoid spending significant amounts of ratepayer money seeking to collect bills which these customers are simply unable to pay.
Judge Wingate’s order found the rate structure associated with the ITPM’s SNAP Customer Classification satisfied the criteria under federal statute for the confidential release of the SNAP recipients’ names and addresses so that they could be categorically placed in the SNAP Customer Classification without the need for extensive administrative efforts on the part of the ITPM and without requiring customers endure an additional burdensome application process to be appropriately included in the SNAP Customer Classification.
For reasons we simply don’t understand, the US Department of Justice disagrees that the ITPM’s rate schedule constitutes a federal assistance program under the SNAP statute and, accordingly, object to the State of Mississippi giving the ITPM the list (to be used in strict confidence).
The US Department of Justice has doubled down by threatening to withdraw SNAP benefits for the entire state if the State complies with Judge Wingate’s order. That threat has forced the Mississippi Attorney General to also appeal Judge Wingate’s order. The ITPM is an officer of Judge Wingate’s court, and his January 2024 rate schedule (including the SNAP Customer Classification rate schedule) easily qualifies as a federal assistance program. There is no good reason that DOJ can’t acquiesce and allow the State to share the list with the ITPM.
“While we would have preferred that Mississippi’s Attorney General not appeal Judge Wingate’s order, we recognize that the US DOJ has put them between a rock and a hard place given their threat to punish all SNAP recipients in Mississippi if the State gives the ITPM the Jackson area SNAP list,” said ITPM Ted Henifin.
These actions by the US Department of Justice will delay or potentially eliminate the ability to provide water rate relief to the estimated 15,000 households served by JXN Water which currently receive SNAP benefits. Under the ITPM’s rate structure, SNAP recipients would save $30 per month and save the ITPM untold collection costs.
The DOJ’s misguided opposition to the confidential use of SNAP recipient’s names and addresses to provide significant water rate assistance is inexplicable and disheartening given the economic challenges the beneficiaries face (Mississippi has the lowest per capita income in the nation and this rate relief is for residents of the City of Jackson, a community with a minority population of over 80 percent).
DOJ’s ill-advised and unnecessary opposition is particularly troubling given the water-related suffering these residents have endured for years.
ABOUT JXN WATER
Committed to providing safe, reliable drinking water and collecting and cleaning wastewater before it returns to our local waterways, JXN Water is the Mississippi corporation led by an Interim Third-Party Manager to achieve the objectives of the federal stipulated orders that re-establish the entire water system.
Media Contact
Ameerah Palacios, JXN Water, 1 5022435803, [email protected], www.JXNwater.com
SOURCE JXN Water
Mississippi
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.
“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.
“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.
WATCH: Justice Jim Kitchen’s Interview on WLBT+
Want more WLBT news in your inbox? Click here to subscribe to our newsletter.
See a spelling or grammar error in our story? Please click here to report it and include the headline of the story in your email.
Copyright 2024 WLBT. All rights reserved.
Mississippi
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.
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.
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.”
Mississippi
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.
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.
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.
“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.
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.
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.”
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.
-
Business1 week ago
Column: OpenAI just scored a huge victory in a copyright case … or did it?
-
Health1 week ago
Bird flu leaves teen in critical condition after country's first reported case
-
Business5 days ago
Column: Molly White's message for journalists going freelance — be ready for the pitfalls
-
World1 week ago
Sarah Palin, NY Times Have Explored Settlement, as Judge Sets Defamation Retrial
-
Science2 days ago
Trump nominates Dr. Oz to head Medicare and Medicaid and help take on 'illness industrial complex'
-
Politics4 days ago
Trump taps FCC member Brendan Carr to lead agency: 'Warrior for Free Speech'
-
Technology4 days ago
Inside Elon Musk’s messy breakup with OpenAI
-
Lifestyle5 days ago
Some in the U.S. farm industry are alarmed by Trump's embrace of RFK Jr. and tariffs