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Will Supreme Court rely on ‘plain reading’ of law in two highly partisan cases?

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Will Supreme Court rely on ‘plain reading’ of law in two highly partisan cases?


Two high-profile cases are pending where the nine justices on the Mississippi Supreme Court will decide whether to uphold the plain language of the law or find a reason to ignore that plain language.

In one case the justices are being asked to decide whether it is unconstitutional for the Legislature to pass a bill that gives public funds to private schools.

In the other, the justices are being asked to decide if it is OK for a candidate — Bob Hickingbottom — to wait 62 days after the deadline established in state law to appeal a decision of the state Democratic Executive Commission stating that he is ineligible to run for governor.

The two cases do not have much in common except for the fact that the language in the Mississippi code and state Constitution governing each issue is straight and direct. Also, both cases are highly partisan.

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In general terms, Democrats oppose providing public funds to private schools. And many Republicans also badly want Hickingbottom to be on the August Democratic primary ballot to create additional work for Democratic gubernatorial frontrunner Brandon Presley.

In reality, the little-known Hickingbottom probably does not pose much of a threat, but any scenario that might make Presley’s road to the November general election more difficult or bumpy is viewed as a victory by Republicans.

In that particular case, the state Democratic Executive Committee ruled back in February that Hickingbottom was not eligible to run for governor. Hickingbottom can make a strong argument that the executive committee acted outside the law in denying him a spot on the Democratic primary ballot. The committee ruled that because he did not file his statements of economic interest with the Ethics Commission or file campaign finance reports in previous elections, he was ineligible.

Apparently, under Mississippi law, not filing a campaign finance report or not filing a statement of economic interest so voters can know a candidate’s financial ties and conflicts does not disqualify a person from running for office. That in itself might say something about the lack of seriousness the Mississippi Legislature places on transparency and ethics.

Nonetheless, Hickingbottom appeared to have a legitimate reason for the appeal of the Democratic executive committee’s decision.

But the question before the Supreme Court could hinge a lot more on the law that states how long Hickingbottom had to file the appeal.

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The law reads: “Any party aggrieved by the action or inaction of the appropriate executive committee may file a petition for judicial review to the circuit court of the county in which the executive committee whose decision is being reviewed sits. The petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate executive committee.”

Hickingbottom waited 77 days — not 15 — to file his appeal.

In ruling in favor of Hickingbottom, Hinds County Circuit Judge Forrest Johnson Jr. said the law establishing a deadline to appeal is not that important.

“The right of citizens to run for elected office, while not yet recognized on the same level as voting itself, is at least a quasi-fundamental pillar of our democracy,” the judge wrote. “More democracy is better than less democracy. In summary, the plaintiff’s right to ballot access in this case prevails over his delay in seeking relief from this court.”

In other words, the judge is saying it is OK to ignore some laws. Using that logic, perhaps it would be OK for people to continue to vote past Election Day or to ignore provisions requiring a voter ID. After all, more democracy is better than less democracy.

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At any rate, the executive committee of the state Democratic Party is asking the Supreme Court to take the plain language of the law and overturn Johnson’s decision.

In the other case, the state Constitution plainly reads: “No religious or other sect or sects shall ever control any part of the school or other educational funds of this state; nor shall any funds be appropriated toward the support of any sectarian school, or to any school that at the time of receiving such appropriation is not conducted as a free school.”

That no funds should be appropriated to a school that is not a free school seems clear in the law.

Based on the proverbial “plain language” arguments that judges like to cite, both cases appear to be slam dunks.

Judges often say they look first at and follow the “the plain language” of the law in deciding a case. But in recent years, Mississippi Supreme Court justices have been inconsistent in adhering to that “plain language” principle.

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With two highly partisan cases before the high court, the question is: Which reading will the justices take?

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Mississippi

Mississippi man dies of an apparent overdose in MDOC custody in Rankin County

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Mississippi man dies of an apparent overdose in MDOC custody in Rankin County


A 41-year-old man incarcerated at Central Mississippi Correctional Facility in Rankin County died Thursday of an apparent overdose.

Mississippi Department of Corrections Commissioner Burl Cain confirmed the death in a news release.

The man was identified as Juan Gonzalez. According to prison records, he was serving a four-year sentence on multiple convictions in Hinds County and was tentatively scheduled for release in May 2025.

“Because of the unknown nature of the substance, the Mississippi Emergency Management Agency and the Mississippi Department of Health were notified,” MDOC reported.

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The investigation into Gonzalez’s death remains ongoing.

This is a developing story and may be updated.



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Mississippi high school football scores for 2024 MHSAA Week 2

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Mississippi high school football scores for 2024 MHSAA Week 2


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Here is our Mississippi high school football scoreboard, including the second week of the season for MHSAA programs.

THURSDAY

Heidelberg 14, Quitman 8

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Independence 20, Byhalia 6

Myrtle 47, Potts Camp 18

North Pontotoc 41, Water Valley 19

Okolona 40, Calhoun City 0

Provine 16, Lanier 6

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One of the largest ever alligators is caught in Mississippi with hunters planning to EAT 800lbs monster

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One of the largest ever alligators is caught in Mississippi with hunters planning to EAT 800lbs monster


Mississippi’s 2024 alligator hunting season got off to a whopping start when a team of six hunters reeled in one of the largest monsters ever caught in the state.

The 14-foot-long, 802-pound alligator was caught in the Yazoo River, which stretches over 2,000 miles through Mississippi and Louisiana. 

The group stood proudly with their catch for photographs, and all six were needed to hold up the lifeless creature.

The yearly hunt kicked off last month and is set to run until September 9, allowing participants to take home their prize for ‘wallets, belts and eating,’ according to state rules.

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The group reeled in the alligator last week in the dead of night. Officials determine the creature measured 14 feet long and weighed over 800 pounds

There are more than 3,700 people participating in the 2024 hunt, with an average of five to six people on each team.

The rules state that permit holders may harvest up to two alligators over four feet long, but only one can be longer than seven feet.

The largest a alligator ever recorded was 19 feet, two inches long and weighed more than 2,300 pounds when it was caught in in Louisiana in 1890.

However, the most recent monster was captured in Arkansas by  Mike Cottingham in 2021.

Cottingham claimed the beast was 13 feet, three inches long and weighed 1,380 pounds.

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The largest in Mississippi, killed in 2023, was about three inches longer than the one captured this year. 

The team, which included Megan Sasser, braved torrential rains to capture the 60-year-old beast.

In a social media post, Sasser said she and her team are ‘still over the moon’ after reeling in the reptile last Friday. 

‘We sat through a monsoon for over 3 hours… crunched 2 poles, survived the death roll a few times, displaced everything in the boat, and still managed to bring this monster home,’ she continued. 

Brandi Robinson, also part of the winning team, explained that the giant alligator was spotted 250 yards away from the boat.

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Mississippi holds the hunt each year, allowing participants to capture no more than two alligators

Mississippi holds the hunt each year, allowing participants to capture no more than two alligators

Brandi Robinson (pictured), also part of the winning team, explained that the giant alligator was spotted 250 yards away from the boat

Brandi Robinson (pictured), also part of the winning team, explained that the giant alligator was spotted 250 yards away from the boat 

‘Everyone’s binoculars were immediately glued! It was a big one and we all knew that,’ she said, as reported by The State.

The boat slowly made its way toward the giant creature and the team waited for about 45 minutes for it to come back to the surface before wrestling with for about an hour.

It is not clear what tools were used to capture the alligator, but hunters can use everything from snatch hooks to harpoons and even firearms.

The six-person team loaded their catch into the boat and brought it to a local meat processing company, Red Antler. 

After taking pictures with the prized gator, the team took it to a local meat processing facility

After taking pictures with the prized gator, the team took it to a local meat processing facility

‘In the last five years, we here at Red Antler have processed probably about 3,000 alligators, and we have only got two that were over the 14-foot in length measurement,’ Shane Smith, owner of Red Antler Processing, told McClatchy News.

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The team took most of the meat home and donated the rest to Hunter Harvest, a nonprofit organization that gives hunted and harvested meat to families in need.

Sasser also shared a picture of her and the alligator on Facebook where friends called it  a ‘monster.’

However, not everyone was thrilled to see the giant catch.

One Facebook user commented: ‘That gator had to be at least 50 years old to have gotten that big. Such a shame. He’s a beautiful animal.’



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