Jackson Free Press

U.S. District Judge Carlton Reeves dismissed the ACLU's lawsuit that tried to dismantle House Bill 1523 before it becomes law next week. In his order, Reeves wrote that the ACLU's complaint did not satisfy the criteria for him to issue a preliminary injunction to block HB1523 from becoming law. Reeves wrote that the plaintiffs needed to prove that injury was "imminent" in order for a preliminary injunction to be considered. The plaintiffs, Nykolas Alford and Stephen Thomas are engaged to be married but do not plan to do so for a few years. Reeves said for a threat to be imminent, it "threatens to occur immediately."

"Alford and Thomas’s injury, if one exists, would arise when they apply for a marriage license. But they declare that they will apply for their license sometime within the next three years," Reeves wrote. "That is not imminent. The ACLU has the same problem. If a member of the ACLU intends to enter into a same-sex marriage in 2017, any injury is at least six months away."

Human Rights Campaign state director Rob Hill reiterated that HB1523 is dangerous and hateful legislation, in response to the order.

“H.B. 1523 represents the worst of Mississippi. If allowed to go into effect next week, it will lead to widespread discrimination against LGBTQ Mississippians at work, school and in family life. The business community -- including local and national companies and organizations such as Nissan, General Electric, the Mississippi Economic Council, the Mississippi Manufacturing Association and more -- has roundly condemned this dangerous bill," Hill said in a statement. "It will do harm to our community, our families and our economy and we must not allow it to stand. In the coming weeks, HRC will continue our ongoing efforts to ensure this bill is ultimately struck down or repealed.”

Judge Reeves will hold hearings for the two other lawsuits filed against House Bill 1523 together on Thursday this week. HB1523 will go into effect on July 1 if Reeves does not issue a preliminary injunction blocking it from becoming law.

The U.S. Supreme Court struck down Texas’ admitting privileges and surgical-center requirement anti-abortion laws by a vote of 5-3 today. The court found both laws unconstitutional because they do place “undue burden” on women seeking abortion access in the state.

"The record contains sufficient evidence that the admitting-privileges requirement led to the closure of half of Texas’ clinics, or thereabouts," the majority opinion says. "Those closures meant fewer doctors, longer waiting times, and increased crowding. Record evidence also supports the finding that after the admitting-privileges provision went into effect, the 'number of women of reproductive age living in a county . . . more than 150 miles from a provider...'"

In her concurring opinion Justice Ruth Bader Ginsburg wrote, "When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety."

In his dissent, Justice Clarence Thomas criticized the court for tinkering with levels of scrutiny in their ruling.

"If our recent cases illustrate anything, it is how easily the Court tinkers with levels of scrutiny to achieve its desired result," he wrote. "This Term, it is easier for a State to survive strict scrutiny despite discriminating on the basis of race in college admissions than it is for the same State to regulate how abortion doctors and clinics operate under the putatively less stringent undue-burden test."

Mississippi's admitting privileges law, which is still tied up in the Supreme Court could be affected by the ruling. The Center for Reproductive Rights said in a press release that similar laws in Mississippi and Louisiana will be found 'likely unconstitutional.'

"Today’s ruling is entirely consistent with lower court rulings in challenges to similar laws in Mississippi and Louisiana which found the measures likely unconstitutional," the press release states. "The clinics in those states will remain open while the litigation continues."

Mississippi state leaders, who supported a Planned Parenthood Medicaid defunding law this session, voiced their outcry to the U.S. Supreme Court's decision.

"I am disappointed in the U.S. Supreme Court’s decision today," Gov. Phil Bryant said on Twitter. "This measure is designed to protect the health and safety of women who undergo this potentially dangerous procedure, and physicians who provide abortions should be held to the same standards as physicians who perform other outpatient procedures."

Lt. Gov. Tate Reeves and House Speaker Philip Gunn agreed with the governor's remarks.

“The U.S. Supreme Court’s decision today endangers the lives of women and their unborn children in Mississippi and all across America,” Reeves said in a statement. “States should have the ability to protect their citizens through proper regulation of medical care.”

"I'm disappointed with the decision made by the U.S. Supreme Court," said Gunn in a statement. "The legislation struck down today is designed to protect women and their unborn children. For those of us who believe in the sanctity of human life, this ruling is a major setback."

The Mississippi State Department of Health reported three new cases of Zika virus in the state today, which brings the state's total cases to eight. The department said all three cases were travel related for residents from Chickasaw, Hinds and Rankin counties who recently traveled to St. Thomas, Nicaragua and Guatemala.

Last week, two cases were reported from DeSoto and Madison counties, in travelers to Jamaica and Guatemala respectively. Three other travel-related cases occurred earlier this year, the department's press release states.

In 2016,four cases of West Nile Virus were reported in Hinds, Grenada, Lamar and Rankin counties. The state health department only reports laboratory-confirmed cases to the public. In 2015, Mississippi had 38 West Nile Virus cases and one death.

“At least 46 other U.S. states and territories have already reported travel-associated cases,” said State Epidemiologist Dr. Thomas Dobbs in a press release. “Now that school is out, we know it is a popular time for mission trips and vacations to these areas. Please be especially mindful of protecting yourself from mosquitoes while you’re abroad. Simple steps can make a big difference.”

Below is information from the state health department about Zika and necessary precautions from their press release:

Zika is a mosquito-borne virus that may cause serious birth defects if contracted during pregnancy. Zika virus infection can cause a mild illness with symptoms (fever, joint pain, conjunctivitis or rash) lasting for several days to a week, but 80 percent of those infected have mild symptoms or no symptoms at all. Death is very rare. The MSDH strongly advises pregnant women not to travel to countries where Zika is actively being transmitted.

Zika has been seen in parts of Africa, Southeast Asia, and some Pacific islands for years, but has recently been reported in approximately 30 countries, mostly in the Caribbean, Central and South America. The breed of mosquito that is spreading Zika – Aedes aegypti – has not been detected in Mississippi since the early 1990s. The MSDH is currently conducting surveillance for Aedes mosquito populations in every county in the state.

In previous years, WNV has been reported from all parts of the state. All Mississippians are potentially at risk – not just the areas where cases are reported.

Symptoms of WNV infection are often mild and may include fever, headache, nausea, vomiting, a rash, muscle weakness or swollen lymph nodes. In a small number of cases, infection can result in encephalitis or meningitis, which can lead to paralysis, coma and possibly death.

The MSDH suggests the following precautions to protect yourself and your environment from mosquito-borne illnesses: · Use an EPA-registered mosquito repellent that contains DEET while you are outdoors.

· Remove all sources of standing water around your home and yard to prevent mosquito breeding.

· Wear loose, light-colored, long clothing to cover the arms and legs when outdoors.

· Avoid areas where mosquitoes are prevalent.

The Department of Justice charged two more people involved in the former Mississippi Department of Corrections Commissioner Christopher B. Epps' case today. Both press releases from the DOJ are reproduced verbatim below:

Texas Man Charged with Conspiracy to Bribe Former Corrections Commissioner

Mark Longoria, 53, of Houston, Texas has been charged in a Criminal Information with conspiracy to pay bribes to former Mississippi Department of Corrections (MDOC) Commissioner Christopher B. Epps, announced Acting United States Attorney Harold Brittain and FBI Special Agent in Charge (SAC) Donald Alway. Longoria will appear for arraignment on Tuesday, July 26, 2016, at 1:30 p.m. before U.S. Magistrate Judge Keith Ball. The maximum penalty for conspiracy is five years in prison and a $250,000 fine.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Deputy Criminal Chief Darren LaMarca, Assistant United States Attorney Patrick Lemon, and financial analyst Kim Mitchell.

The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.

Teresa Malone Charged with Conspiracy to Bribe Former Corrections Commissioner

Teresa Malone, 54, of Carthage, Mississippi has been charged with paying kickbacks to former Mississippi Department of Corrections Commissioner (MDOC) Christopher B. Epps in exchange for receiving a consulting agreement involving the MDOC and its operations, announced Acting United States Attorney Harold Brittain and FBI Special Agent in Charge (SAC) Donald Alway.

Malone will appear for arraignment on Wednesday, August 3, 2016, at 2:30 p.m. before U.S. Magistrate Judge Keith Ball. She faces a maximum penalty of 20 years in prison and a $250,000.00 fine for the conspiracy count, and a maximum of 10 years in prison and a $250,000.00 fine for the bribery count.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Deputy Criminal Chief Darren LaMarca, Assistant United States Attorney Patrick A. Lemon, and financial analyst Kim Mitchell. The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.

U.S. District Judge Carlton Reeves has denied Gov. Phil Bryant and executive director of the Mississippi Department of Human Services John Davis' motion to stay the preliminary injunction Reeves initially issued, which blocked House Bill 1523 from becoming law.

In his 6-page order, Reeves says that the state did not prove irreparable injury in their motion.

"A Mississippian – or a religious entity for that matter – holding any of the beliefs set out for special protection in § 2 [of HB 1523] may invoke existing protections for religious liberty, including Mississippi’s Constitution, Mississippi’s Religious Freedom Restoration Act, and the First Amendment to the United State Constitution," Reeves wrote. "HB 1523’s absence does not impair the free exercise of religion."

Reeves' order means he has officially passed HB 1523's fate into the hands of the U.S. 5th Circuit Court of Appeals.

"The motions are denied," Reeves concludes. "The baton is now passed."

Gov. Bryant and Davis have also appealed to the U.S. 5th Circuit Court of Appeals separately, asking them to lift Reeves' preliminary injunction. For more stories on HB 1523, visit jacksonfreepress.com/lgbt.

Attorney General Jim Hood issued a statement in response to the DOJ Olmstead lawsuit, filed today in federal court. That statement is reproduced in full below.

JACKSON— A lawsuit filed today by the U.S. Department of Justice against the state of Mississippi provides the most meaningful opportunity yet for leaders to work together to continue to improve the state’s mental health system, Attorney General Jim Hood said today.

The federal government alleges that the state has violated the Americans with Disabilities Act by housing mentally ill individuals in institutions rather than community settings. The Department of Justice has filed similar lawsuits in about a dozen states alleging violations of the U.S. Supreme Court’s Olmstead decision.

“This lawsuit is a clarion call to all of us in state leadership to consider how we care for the least among us and how we can make it better,” Attorney General Hood said. “I see this litigation as a challenge to our Legislature to find the resources we need to continue to expand mental health services. This is a clear opportunity for our Legislature, mental health professionals, our faith-based community and all of us as Mississippians to come together to determine an effective way to address issues related to our mental health delivery system for years to come. It’s our obligation as Christians and people of faith to take care of those who are unable to take care of themselves. It’s time for each of us to move forward to better fulfill that fundamental responsibility.

“The state has made great progress in expanding community mental health programs, and we will continue to push for expansion. We have come a long way, but further work remains to be done.”

Attorney General Hood said his office has been negotiating with DOJ for several years in an effort to avoid litigation, which is expected to be a considerable cost to the state at a time when tax cuts have caused significant budget problems. However, the Attorney General refused to accept the federal government’s demands for a court-ordered consent decree that would bind the state to perpetual federal oversight.

Attorney General Hood had also hoped that good-faith efforts to address the state’s mental health needs might allay the federal government’s concerns. Thus, the Attorney General has encouraged lawmakers for years to allocate additional resources to the Department of Mental Health. The Legislature did provide some extra funding in previous sessions, but this year actually cut the Department’s budget by $8.3 million. Since 2008, the Department has been forced to eliminate approximately 500 mental health beds, in addition to 34 beds in 2016 because of the Legislature’s budget cuts and its refusal to provide additional money for mental health programs.

“Not only did the Department of Mental Health take a substantial budget hit, the Legislature did not agree to a request for more than $12 million for community mental health programs,” Attorney General Hood said. “That would have helped us continue our expansion of community-based mental health services …

The U.S. 5th Circuit Court of Appeals has denied Gov. Phil Bryant and MDHS Executive Director John Davis' motions to stay the injunction that blocked House Bill 1523 from becoming law. Bryant and Davis asked the court to expedite their appeal, and that application was also denied.

The 5th Circuit did allow the two HB 1523 cases to be consolidated, but the court will not issue a stay on U.S. District Judge Carlton Reeves' injunction or expedite the a hearing for the governor's appeal of the bill.

The conservative legal organization, Alliance Defending Freedom, is providing co-counsel for the governor's appeal in the 5th Circuit. HB 1523 was based, at least in part, on language from a model policy that ADF sent to the governor's office before same-sex marriage was legalized nationally in 2015.

Rob McDuff, one of the lawyers for plaintiffs, called the order a great victory.

"Two and a half months after we filed this challenge to HB 1523, the federal courts once again have held that the bill should not take effect. This is a great victory for the thousands of Mississippians who have opposed this bill in the name of tolerance and fairness and dignity for all," he said in a statement to the Jackson Free Press. "Although the Governor apparently will continue with his appeal, this is an important milestone in the battle against this completely misguided piece of legislation."

“We are pleased with the Fifth Circuit’s summary denial of the governor’s motion and look forward to final resolution of this matter in our favor,” said Beth Orlansky, advocacy director of the Mississippi Center for Justice said in a statement.

Read the motion here. Read more about HB 1523 here.

This post has been updated with statement from the MS Center for Justice and Rob McDuff.

Republican presidential nominee Donald J. Trump is scheduled to be in Jackson next Wednesday, August 24, for a fundraising event supporting his campaign, a MS GOP press release states. Tickets for the event are being sold at an affordable $1,000 per ticket.

The event begins at 6:00 PM, but the location is only being disclosed to those who purchase tickets. The event is closed to the press, the MS GOP release states. Last time Donald J. Trump was in Mississippi, he held a rally during the primaries at Madison Central High School in March. The rally cost Madison County taxpayers $11,565.44 in security expenses.

The Secretary of State reached a $4.7 million settlement with Morgan Stanley, after a years-long investigation into the Ridgeland branch office following complaints from customers who had investment accounts with financial representatives there.

Morgan Stanley did not admit or deny the Secretary of State's allegations but has agreed to pay the over $4.2 million back to investors, the majority of whom hold accounts in Mississippi. Additionally, Morgan Stanley will pay $100,000 in penalty fees to the state as well as $400,000 for the costs of the investigation.

“This is a significant settlement which is a culmination of hard work by the Division on behalf of investors,” Secretary Delbert Hosemann said in a press release. “It exemplifies the important investor protection role the Agency serves to safeguard our citizens through fair regulation and enforcement and hopefully deterrence.”

The fund Morgan Stanley must set up by next month to settle their dues with investors impacts 259 accounts--194 of those accounts are in Mississippi. Hosemann's office is sending letters to those Mississippians affected by the settlement so that they can participate in the fund and get their money back.

The Mississippi Association of Educators has endorsed Synarus Green in the District 72 House of Representatives special election.

"For generations, the Mississippi Association of Educators has worked to build opportunities for the people and communities they serve," Green said in a press statement. "I'm honored to have the support of MAE's members and leaders, and proud to stand with them as a champion for all our students."

Green is one of four candidates running for the District 72 seat that was vacated when former-Rep. Kimberly Campbell announced she would be leaving the House after the 2016 legislative session to take a position as the state director of AARP.

Read interviews with all the candidates in the District 72 special election race here.

The House District 72 special election will head to a run-off between Debra Gibbs and Synarus Green on Sep. 13.

Election results from a Hinds County Election Commission spokeswoman are as follows:

• Synarus Green-642
• Debra Gibbs-641
• Theresa Kennedy-169
• Shae Buchanon-Williams-138

Either Gibbs or Green will replace attorney Kimberly Campbell and finish her three-year term in the Mississippi House of Representatives. To read interviews with Gibbs and Green, visit jacksonfreepress.com/elections2016.

It's convenient to presume that Mississippi will bleed red on Election Day, but if that's true, then a fair question follows. Why would Donald Trump waste time and resources stopping in Jackson, Miss., this evening for a $1,000 per ticket fundraiser and rally?

Polling done in Mississippi this presidential year might help explain why. An April Mason-Dixon poll only favored Trump to Hillary Clinton by three percentage points, a slim margin for a candidate who won the primary election in Mississippi with an 11-point advantage over Ted Cruz, Politico reports. A second poll, conducted by Magellan Strategies and commissioned by Y'all Politics, revealed a larger gap between the two candidates, with Trump leading by 13 percentage points.

One question in the Magellan poll gave Mississippians three options: Trump, Clinton or Undecided. Fifty-four percent chose Trump; 39 percent chose Clinton; and 7 percent were undecided.

FiveThirtyEight gives Clinton only a 14-percent chance of winning Mississippi's six electoral votes, but that number is a result of the weighted analysis of only two polls: the Mason-Dixon and Magellan polls.

November has the potential to be a competitive election, depending on which poll you believe, and as NewsMax pointed out: "The last time a Democrat presidential candidate won the state was Jimmy Carter in 1976," but it's likely too early to confidently project a solid winner.

Speaker Philip Gunn has appointed Rep. John Read, R-Gautier, as the new Chairman of Appropriations in the House of Representatives.

“John has more experience and knowledge of the appropriations process than anyone in the House of Representatives,” Speaker Philip Gunn said in a press release. “He has 25 years of legislative experience. He has been a member of the Appropriations Committee for more than 20 years and has served as the Vice-Chairman of Appropriations for eight of those years."

“He has also served in various other leadership roles during his legislative career, including Chairman of the Fees and Salaries Committee, Chairman of the Conservation and Water Resources Committee, and Vice-Chairman of the Rules Committee, one of the most powerful committees in the House,” Gunn said in a release. “John has served well in all of these roles and has proven himself to be a competent leader. His resume and his record of service make it clear that he is very qualified to be the Chairman, and I believe he will do an excellent job.”

Rep. Read currently serves on the following committees in the following roles:

• Conservation and Water Resources - Chair
• Rules - Vice-Chair
• Appropriations
• Gaming
• Ports, Harbors and Airports
• Public Property

The Mississippi Republican Party endorsed three candidates running for judicial offices in the Mississippi Supreme Court and the Court of Appeals.

Supreme Court Candidates:

• Kenny Griffis, District 1, Place 3
• Dawn Beam, District 2, Place 2

Court of Appeals Candidate:

• Jack Wilson, District 3, Place 1

Judge Kenny Griffis currently serves as the presiding judge over the state Court of Appeals. He is challenging current associate justice James "Jim" W. Kitchens, who has been in the Mississippi Supreme Court since 2009.

Associate justice Dawn Beam was appointed to the Mississippi Supreme Court in February to replace former Justice Randy Pierce, and she is now running for a permanent spot on the high court. She is a former tenth district chancellor running against McComb lawyer Michael T. Shareef.

Judge Jack Wilson was appointed to the Court of Appeals in 2015, by Gov. Phil Bryant, and now he is running to keep his spot. The District 3, Place 1 race is a three-way challenge. Madison County court judge Ed Hannan and Ridgeland lawyer Dow Yoder are also running for the spot.

Gov. Phil Bryant said the judicial races are extremely important, in a press statement endorsing the three candidates.

"We have a strong slate of judicial candidates this year who represent conservative values that will resonate with voters in all corners of our state," he said in a statement. "Their experience and dedication will serve Mississippi well. I am confident that each of these candidates will promote a fair and effective justice system in Mississippi."

The Mississippi Department of Insurance announced today that Ambetter from Magnolia Health has been cleared to offer individual health insurance plans through the federal health marketplace. Magnolia serves 50 counties in the state currently, but will extend its coverage to all 82 counties beginning in January 1, 2017.

Insurance Commissioner Mike Chaney announced the news today in a press release.

"Commissioner Chaney says there will be more consumer options and price competition for counties in the Delta, as well as in Coastal counties. The decision by Chaney concerning the adequacy of AmBetter's provider network will also give consumers more choices for health care providers," the press release states. "Providers are the doctors, clinics and hospitals consumers choose to use when seeking care under a health plan."

Read about the current Obamacare coverage in Mississippi here.

Jackson Councilwoman Margaret Barrett-Simon has endorsed Synarus Green in the District 72 special election run-off, which will be held on September 13.

Barrett-Simon has served on the city council for over 30 years and credited Green for helping the city of Jackson get $16.5 million from the Mississippi Department of Transportation for infrastructure improvements by working as a legislative liaison for the city of Jackson.

Attorney Debra Gibbs is the other candidate in the District 72 special election. To read interviews with her and Green visit jacksonfreepress.com/2016elections.

A new poll paints Mississippi purple, calculating Trump's lead over Hillary Clinton in the state to be only three points, in a four-candidate race. The online-only survey had over 800 respondents from Mississippi, who are registered voters, and over 74,000 voters in the country. The results put Mississippi in the "tossup" category—not a red state.

On Thursday, Republican and Democratic U.S. representatives introduced the "Supporting Youth Opportunity and Preventing Delinquency Act," in the U.S. House of Representatives. House Bill 5963 would update the Juvenile Justice and Delinquency Prevention Act of 1974, adding new language to encourage states, cities and reservations to utilize evidence-based programs that are "trauma informed" to help address juvenile crime in the country.

The bill lists several evidence-based programs "including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence." The bill would also change the definition of an "adult inmate" so it would not include a person who "at the time of the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law."

House Bill 5963 would also require much more data collection on juvenile offenders than is currently required now. It would require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to collect data on state and localities' use of restraint and seclusion, the number of juveniles released from custody and the type of living arrangements to which they were released, the number of juveniles whose offense originated on school grounds and the number of juveniles who are pregnant but in secure detention.

In a press release from the Education and Workforce Committee Democrats, principal author of the bill Rep. Carlos Curbelo (R-FL) said that the purpose of the bill was to help children born into circumstances outside of their control a better path forward.

"These bipartisan reforms will deliver state and local leaders the tools they need to help the most vulnerable kids in their communities put the past behind them and work toward a brighter future," Curbelo said in the press release. "I want to thank Ranking Member (Bobby) Scott (D-VA) for all he has done to move this issue forward and for working together to deliver these bipartisan reforms.”

Grenada-based attorney Carlos Moore, who sued Gov. Phil Bryant alleging that the Mississippi state flag is not constitutional, has appealed his case to the 5th Circuit Court of Appeals.

Last week U.S. District Judge Carlton Reeves dismissed Moore's lawsuit but left the door open to potential legal action in the future.

Moore alleged that the Confederate battle emblem in the canton of the Mississippi state flag violates the 13th and 14th Amendments. He brought his federal lawsuit against Gov. Phil Bryant, who has the authority to ensure that state laws are followed.

Reeves did not find Moore to have standing in his case. Moore had to prove that the injury he had suffered (seeing the state flag over courthouses where he practices law) had a causal connection to Gov. Bryant and the state of Mississippi displaying the Confederate emblem.

To read all of Judge Reeves' opinion in the dismissal of Moore's case, click here.

Jackson-based attorney Debra Gibbs will replace former Rep. Kimberly Campbell in the Mississippi House of Representatives in January.

Gibbs won the run-off in the special election on Sept. 13 for the District 72 House seat. She defeated Synarus Green by a vote of 921-897. Green is the current director of policy and intergovernmental affairs for the City of Jackson.

District 72 covers part of northwest Jackson, parts of Ridgeland and Pocahontas.

Vote Breakdown:

Hinds County voters: Gibbs: 816 Green: 819

Madison County voters: Gibbs: 105 Green: 78

Totals: Gibbs: 921 Green: 897

To learn more about Gibbs, read the JFP interview with her here.