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SCOTUS Sides with Mississippi AG Hood
By R.L. NaveMississippi Attorney General Jim Hood is touting a ruling from the U.S. Supreme Court that he says affirms the rights of state attorneys general to file lawsuits in state court.
Here's the full release from Hood's office:
Jackson, MS – In a case brought by Attorney General Jim Hood, the U.S. Supreme Court today unanimously upheld the right of attorneys general across the country to enforce their state’s laws in state court. The Supreme Court ruled in Mississippi ex rel. Hood v. AU Optronics Corp. that a state attorney general asserting state law claims for damages incurred by its citizens can have that case resolved by its state court, and is not required to be removed to federal court under the Class Action Fairness Act (CAFA).
All nine Justices agreed to reverse the Fifth Circuit Court of Appeals’ ruling that the State’s antitrust and consumer protection enforcement suit could not proceed in Mississippi state court. The Fifth Circuit had encroached on state courts’ rights to hear important public matters by significantly broadening the interpretation of what can constitute a federal “mass action.” Under CAFA, that requires the presence of 100 or more individual “plaintiffs.” The Fifth Circuit had ruled that, despite the State Attorney General being the only plaintiff in the case, the court would treat all Mississippi residents as “plaintiffs” so that CAFA’s 100 person requirement could be considered satisfied, depriving the state courts of the right to interpret their own laws.
Having recognized the important state sovereignty issues at stake, all U.S. Courts of Appeals that had addressed the issue – except the Fifth Circuit – had flatly rejected this analysis. The Supreme Court has now corrected the Fifth Circuit’s error, and Mississippi’s case will properly be returned to Mississippi Chancery Court.
Attorney General Jim Hood stated, " The United States Supreme Court was crystal clear that federal courts have no jurisdiction under the so-called Class Action Fairness Act over actions brought by state Attorneys General for consumer and anti-trust violations. For far too long, large corporations have abused the federal judiciary by trying to drag every action filed by an Attorney General in state court into federal courts. The working people of Mississippi and other states won one this time."
Justice Sonia Sotomayor wrote that an action by an attorney general on behalf of the state’s citizens does not fit within CAFA’s language. The Court held that, because the State of Mississippi, through its attorney general, is the only plaintiff, this suit does not constitute a mass action.
The State sued makers of liquid crystal displays (LCD) in Mississippi state court in January 2011, alleging that these manufacturers had formed an international cartel to restrict competition and boost prices in the LCD market. Several of the defendants in the State’s case pled guilty to charges brought by the U.S. Department of Justice and paid criminal fines to the U.S. Government. The Mississippi Attorney General sued to recover for the economic harm to the State and …
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[Solomon] Backlash Against Outrage
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Entry
Confederates Speak: Yes, We Fought the Civil War Over Slavery
By Donna LaddIf you grew up in the South, and especially if you're white, you've likely been told repeatedly (maybe even in a classroom) that "the Civil War wasn't fought over slavery." (They might have even called it the "War Between the States" or even the "War of Northern Aggression.") "It was about economics," they might say. Or, almost always, "It was over state's rights," as if that somehow means that it wasn't actually over a state's right to allow its white citizens to own and abuse black human beings. It's remarkable how many white southerners, and others around the country, actually believe this myth. And it is regularly used as an excuse to justify keeping the Confederate battle flag and other symbols of the Confederacy and the "lost cause" of slavery imbedded into government, public and private schools, and some state universities in every way possible—especially in the taxpayer-funded state flags that still adorn several state capitols, including Mississippi's.
But the problem is: The Confederate leaders themselves had no reason then to hide what they were fighting the Civil War over. They were forthright about both why they were seceding into the Confederacy and their beliefs about the white supremacy (and its spoils of wealth) that they were willing to fighting to keep in place. Ever since I first read Mississippi's Declaration of Secession, I've used it as a response to someone who decides to spread these myths in my presence.
Now, in the wake of the Charleston massacre by an apparent white supremacist, and as the country is engaging in a welcome conversation about the Confederate flag, I've compiled a list of primary sources from the mouths and pens of the Confederate leaders themselves that could prove useful as you deal with the myths that continue to be used to justify racism and racist symbols. (Hat tip to Kristy Wittman Howell who had posted several of the more obscure links on Facebook.) Please suggest others in the comments.
Mississippi's Declaration of Secession: "Our position is thoroughly identified with the institution of slavery - the greatest material interest of the world. Its labor supplies the product, which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization."
All the Declarations of Secession by southern states that did them: From Texas' Declaration: "In all the non-slave-holding States, in violation of that good faith and comity which should exist between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon an unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of …
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