Jackson Free Press

Congressman Bennie Thompson (D-MS) sent a letter to Secretary of the U.S. Dept. of Homeland Security John Kelly today regarding Daniela Vargas, the 22-year old undocumented immigrant detained in Jackson last week. Thompson's letter asks Sec. Kelly to ensure that his department "exercises available discretion and looks upon her case favorably."

Vargas is Thompson's constituent, and the congressman describes her story to Kelly, saying "Daniela is the kind of young person who, as President Trump put it, should be treated with 'great heart.'"

Thompson asks Kelly to release Vargas from detention while her case proceeds.

"I would also ask that any pending application for immigration benefits, including her DACA renewal, be expeditiously reviewed and favorably considered by your Department," Thompson's letter says. "Young people like Daniela are an important part of communities all over this country, and deserve a chance to pursue their American dream."

National law firms and advocacy groups filed a petition for Vargas' release on Monday, asking the U.S. District Court in Louisiana to stay her pending deportation so that the court can consider whether or not Vargas deserves a hearing before an immigration judge--or to be released from ICE's custody altogether.

Vargas is currently held in the LaSalle Immigration Detention Facility in Louisiana.

Read Congressman Thompson's letter here.

Gov. Phil Bryant created a task force today to address drug abuse in the state, specifically for the abuse of opioids and heroin.

Opioid abuse is up nationally and has been for the past two decades. Opioids include prescription pain killers, some nervous system depressants and some stimulant drugs, according to the National Institute on Drug Abuse.

Gov. Bryant's proclamation claims that Mississippi is one of the leading prescribers for opioids. The governor will appoint voluntary members to the task force, but the proclamation does not specify a date when the task force will meet or for how long.

The Centers for Disease Controls tracks overdose related deaths, and from 2013 to 2014, the state saw a slight increase, from 316 deaths in 2013 to 366 in 2014. That number is not specific to opioid-related overdoses, however.

The Department of Justice announced a series of reforms for federal prisons today. Reforms include building a school district within the system and improving the halfway houses that serve as re-entry homes for inmates in the system.

The DOJ also announced plans to improve programs for women in prison and provide inmates that are released with ID cards, free of charge. The reforms are a part of the department's intense focus on lowering recidivism rates across the country and rehabilitating former inmates. Earlier this year, the DOJ announced that they would phase out all contracts they had with private prisons due to the lowering number of inmates in the country as well as not finding real advantage in cost savings or enhanced services with private facilities.

There are two federal prisons in Mississippi: one in Yazoo City, and one in Natchez. The facility in Yazoo City is privately operated and run by the Corrections Corporation of America, or CCA, whose stocks soared after Donald Trump won the projected electoral college votes on Nov. 8.

President-elect Donald Trump's nomination of Alabama Sen. Jeff Sessions for attorney general could change some of these reforms, and Democrats fear what Sessions' prosecutorial reputation and Trump's promises for "law and order" on the campaign trail could mean for reforms made in the past eight years.

The U.S. Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination to replace its 2002 compliance manual section on that subject today.

“EEOC is dedicated to advancing opportunity for all workers and ensuring freedom from discrimination based on ethnicity or country of origin,” said EEOC Chair Jenny R. Yang said in a press release. “This guidance addresses important legal developments over the past 14 years on issues ranging from human trafficking to workplace harassment. The examples and promising practices included in the guidance will promote compliance with federal anti-discrimination laws and help employers and employees better understand their legal rights and responsibilities.”

On June 2, the EEOC published a proposed guidance for public input, and the guidance issued today reflects the Commission’s consideration of feedback received on the proposal from approximately 20 organizations and individuals.

The new guidelines define a "national origin group," or an "ethnic group," as a group of people sharing a common language, culture, ancestry, race, and/or other social characteristics. For example, Hispanics, Arabs, and Roma are ethnic or national origin groups, the guidelines say.

The guidance also addresses developments in the courts since 2002, as well as topics such as job segregation, human trafficking and intersectional discrimination. In fiscal year 2015, approximately 11 percent of the 89,385 private sector charges filed with EEOC alleged national origin discrimination, a press release from EEOC says. These charges alleged a wide variety of Title VII violations, including unlawful failure to hire, termination, language-related issues, and harassment.

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.

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. 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."

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 Campaign for Southern Equality and Mississippi-native Rev. Susan Hrostowski filed a lawsuit against several state officials, saying that House Bill 1523 is unconstitutional, late last week.

The lawsuit states that House Bill 1523 violates the first and fourteenth amendments of the U.S. Constitution and asks the U.S. District Court to enjoin the bill from becoming law on July 1. New York-based attorney Roberta Kaplan, who won same-sex couples the right to marry and adopt in this state, will represent the plaintiffs.

The lawsuit names the governor, attorney general, the executive director of MDHS, and the state registrar for vital records as defendants. Several floor debate comments from the 2016 legislative session about the bill are used in the initial complaint. The complaint draws the distinction between Mississippi's Religious Freedom Restoration Act and The Protecting Freedom of Conscience from Government Discrimination Act.

"Critically, the Mississippi RFRA does not single out any particular religious belief or creed and privilege it above all others..." the complaint says. "HB 1523, however, starkly departs from this tradition and practice by providing additional rights and benefits and by extending well beyond those available under RFRA, but only to individuals or entities that espouse one of three specific beliefs: (a) that '[m]arriage is or should be recognized as union of one man and one woman,' (b) that '[s]exual relations are properly reserved to' a marriage between one man and one woman, or (c) male and female 'refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at the time of birth.'"

The ACLU and the Mississippi Center for Justice have both filed lawsuits, asking the courts to rule House Bill 1523 unconstitutional, and Kaplan filed a motion to re-open the case that legalized same-sex marriage in Mississippi, due to HB1523's passage. The Campaign for Southern Equality's lawsuit is the third lawsuit filed against House Bill 1523 and the fourth legal challenge.

Mississippi pastors, community leaders and a Hattiesburg church have filed a federal lawsuit challenging House Bill 1523, the third legal challenge to the "Protecting Freedom of Conscience from Government Discrimination Act."

The plaintiffs have sued the governor (who recently received a Religious Freedom Award), the attorney general, the executive director of the Mississippi Department of Human Services and the state registrar of vital records, asking the federal court to issue an injunction blocking the bill from becoming state law on July 1.

The lawsuit says that "with the passage and approval of that bill, the Legislature and the Governor breached the separation of church and state, and specifically endorsed certain narrow religious beliefs that condemn same-sex couples who get married, condemn unmarried people who have sexual relations, and condemn transgender people."

The plaintiffs will be represented by Jackson-based lawyer Rob McDuff and the Mississippi Center for Justice.

Read the complaint here. The press release from the MS Center for Justice has been reproduced, verbatim, below:

Ministers, Community Leaders, and Activists File New Lawsuit Challenging House Bill 1523

A group of Mississippi ministers, community leaders, and civic activists, along with a Hattiesburg church, today filed a new lawsuit in federal court in Jackson challenging House Bill 1523. The lawsuit claims the controversial measure violates the principle of the separation of church and state contained in the First Amendment of the Constitution.

The plaintiffs, represented by longtime civil rights lawyer Rob McDuff and the Mississippi Center for Justice, are asking the federal court to issue an injunction blocking the bill from taking effect on the scheduled date of July 1.

The lawsuit follows an earlier case filed by the ACLU challenging HB 1523 on different grounds. The ACLU suit also seeks an injunction prior to July 1.

Today’s lawsuit focuses on the language of Section 2 of HB 1523, which reads: “The sincerely held religious beliefs or moral convictions protected by this act are the belief or conviction that: (a) Marriage is or should be recognized as the union of one man and one woman; (b) Sexual relations are properly reserved to such a marriage; and (c) male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.”

The lawsuit claims that by enacting HB 1523, the Legislature and the Governor “specifically endorsed certain narrow religious beliefs that condemn same-sex couples who get married, condemn unmarried people who have sexual relations, and condemn transgender people.” The lawsuit notes that the bill provides special legal protection exclusively to people holding those beliefs, but not for those who have different beliefs.

“The people bringing this lawsuit, like thousands of people in Mississippi, do not subscribe to the religious views set forth in the bill, and do not believe the government should be interfering in religion by choosing some religious views over others,” McDuff said.

“Ensuring that government maintains neutrality on religious beliefs and respects …

New York-based attorney Roberta Kaplan, who litigated and won the case to end Mississippi's ban on same-sex marriage, sent a letter to Mississippi leaders regarding House Bill 1523 on Monday, Slate reported, saying she and her legal team at Paul, Weiss LLC had "serious concerns" about the bill violating a permanent injunction issued last July in the Campaign for Southern Equality v. Bryant case.

The letter states that "the July 2015 injunction requires that Mississippi, in accordance with the dictates of the United States Constitution, treat any gay or lesbian couple that seeks to marry the same as any straight couple that seeks to do so." The letter was addressed to Gov. Phil Bryant, Attorney General Jim Hood and Judy Moulder at the State Registrar for Vital Records. Kaplan asks that they ensure that the 2015 injunction is complied with and that those state officers provide them with:

• notices for any individual who has filed recusal notices pursuant to HB 1523
• a full and complete explanation of all steps that each individual seeking recusal (or any person acting on behalf of that individual, including in a supervisory capacity) will take to ensure that gay and lesbian couples are not impeded or delayed when seeking to marry in the relevant county
• whether the individual seeking recusal intends to continue issuing marriage licenses to straight couples, while at the same time refusing to participate in issuing licenses to gay and lesbian couples

Kaplan also asks Mississippi leaders to "agree to provide us with this same information in connection with any clerks who seek to recuse themselves in the future within one week after such information becomes available."

In her letter, Kaplan sets a deadline of May 2, 2016, for state officers to comply with their request "either in whole or in part, so we can be in a position to evaluate whether we will need to seek further relief from the Court."

Congressman Bennie G. Thompson (D-MS) wrote a letter to U.S. Attorney General Loretta Lynch, asking her to review the House Bill 1523, file a lawsuit against Mississippi and declare the bill unconstitutional, which Gov. Bryant signed into law on Tuesday. Below is the press release and the letter reproduced in full.

“Today, I sent a letter to United States Attorney General Loretta Lynch asking her to examine Mississippi House Bill No. 1523, the so-called “religious freedom” act, and file suit against the State of Mississippi for the overreaching, unconstitutional, and blatantly discriminatory piece of legislation.”

“The discriminatory bill that the governor signed into law yesterday places a dark cloud over the State of Mississippi and will harm the state in business, industry, academics and reputation. I implore the Attorney General and the Department of Justice to act swiftly on my request and work to make sure justice and equality prevail.”

Letter text below:

April 6, 2016

The Honorable Loretta E. Lynch Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Dear Attorney General Lynch:

On April 5, 2016, Governor Phil Bryant of the State of Mississippi signed into law the so-called “Protecting Freedom of Conscience from Government Discrimination Act.” This law purports to protect Mississippians from discrimination by government officials for practicing/observing their religious beliefs. A cursory review of MS House Bill No. 1523, reveals that this bill does no such thing: instead, it gives employers, business owners, and any other person or entity in Mississippi the explicit right to discriminate against anyone with a lifestyle they disagree with in the name of religion. Simply put, this is government-sanctioned discrimination.

Title VI of the Civil Rights Act of 1964 prevents discrimination by government agencies that receive federal funds. Here, an entire state has sanctioned discrimination against an entire LGBT population in MS. Moreover, Title VII of the Civil Rights Act prohibits discrimination against an individual because they are associated with a person of a particular race, color, religion, sex or national origin. There are countless other laws and regulations on the books that prevent discrimination in one way or another. MS House Bill No. 1523 clearly violates all of those laws. Therefore, I strongly urge DOJ to institute a lawsuit to declare MS House Bill No. 1523 unconstitutional and in violation of the United States Constitution and the previously identified and other civil rights statutes, regulations and executive orders.

A copy of MS House Bill 1523 is enclosed. Again, I strongly urge DOJ, as soon as possible, to file a law suit and take any other appropriate action against the State of Mississippi to strike down this discriminatory law. If you have any questions, please contact Trey Baker, Counsel in my Washington, D.C., office at 202-225-5876 or at [email protected]. I look forward to your response.

Sincerely,

Bennie G. Thompson Member of Congress

House Speaker Philip Gunn released a statement defending his position on the state flag, after all filed bills to change the state flag referred to the House Rules Committee died today. No Senate or House flag bill made it out of committee by today's deadline.

Gunn's statement is below, verbatim:

"For anyone to suggest I have surrendered or backed up on my position of changing the flag is simply not true," said Speaker of the House Philip Gunn. "I have not wavered in my viewpoint that we need a different flag to represent Mississippi. I have spoken with many House members both individually and collectively and have tried to convince them to adopt my view."

“I have explored every option from taking legislative action to change the flag to adopting two official flags, but we cannot get a consensus on how to address the issue,” he continued. "I will continue to stand by my view that changing the flag is the right thing to do. The flag is going to change. We can deal with it now or leave for future generations to address. I believe our state needs to address it now. I am disappointed that nothing took shape this year, but I will continue this effort."

If [the state flag][1] is going to change, lawmakers from either the Senate or House Rules committee will have to pass a bill through in the next 24 hours.

The much-anticipated Senate bill that would change the governing authority of the Jackson airport has attracted most of the attention in the airport "takeover" fight between Republican lawmakers and Jackson city officials and citizens, but Rep. Mark Baker, R-Brandon, filed a second airport bill earlier this week in the House of Representatives.

The House bill would dissolve the "municipal airport authority located in a municipality with a population of 173,514 according the 2010 federal decennial census" by June 2017. The only city in the state with that population is Jackson. Rep. Baker's bill goes on to describe a nine-member commission that would replace the municipal airport authority. The new "municipal-regional airport authority" would be made up of a representatives from 9 municipalities.

Rep. Baker's bill does not name municipalities; instead it uses 2010 Census figures to describe each separate municipality that would get representation on his proposed commission. Using 2010 Census numbers, the"municipal-regional airport authority" would be made up of one representative each from Jackson, Madison, Ridgeland, Flowood, Pearl and Brandon. There would be one Hinds County Board of Supervisors commissioner and two Rankin County Board of Supervisors commissioners if Baker's bill passes.

The bill was referred to the House Judiciary A Committee (which Rep. Baker chairs) and the House Ports, Harbors and Airports Committee.

Sen. Josh Harkins, R-Flowood, is touching up a bill that proposes to change the Jackson airport commission structure. Harkins told the Jackson Free Press he will likely file his bill on Monday or Tuesday next week, which will change who appoints and who qualifies to serve on the airport's governing body.

The current commission is made up of five members, all appointed by the Jackson mayor. Harkins' bill will require the commission to include members from Madison, Rankin and city of Jackson. Harkins is still working on the details, but he said it is important for some commissioners to have aviation and business experience.

Jackson-based legislators have vocalized their distaste for the proposed bill, as well as Jackson business leaders calling the bill an attempted "takeover." Harkins said the city of Jackson will not suffer financially from the plan.

Secretary of State Delbert Hosemann has announced several revisions to Mississippi election laws that will bring our code up to date with current elections procedures and technology. Some of the changes include tightening down campaign finance disclosure laws for political committees and moving Mississippi's presidential primary vote day to the first Tuesday in March. See full list of changes reproduced below from the Secretary of State's press release:

• Modernized Criminal Penalties: consolidates all election crimes in Chapter 13, Title 97 of the Mississippi Code; updates penalties to match fines and sentences applied to other felonies and misdemeanors

• Online Voter Registration: modernizes and streamlines Mississippi's voter registration system; brings Mississippi in line with over half the United States which allow for online registration; will allow US citizens who are Mississippi residents who possess a Mississippi driver's license or DPS issued identification card to register electronically; will help eliminate errors and reduce costs of paper registrations

• Pre-Election Day Voting: creates a 21 day no excuse voting period for citizens to cast their ballot before election day; voting will be conducted only at the County Courthouse during the pre-election voting period; any registered voter may cast a final vote during the pre-election voting period; eliminates the need for in-person absentee voting

• Financial Disclosures to Voters: moves deadline for political committees to file a statement of organization from 10 days after receiving or spending funds to 48 hours after spending or receiving funds; increases transparency by requiring filers to itemize payments made to credit card issuers, banks, or online payment portals; places sanctions on political committees that failed to make required filings with the Secretary of State

• Presidential Primary: moves Mississippi's Presidential Preference Primary from the second Tuesday in March to the first Tuesday; will make Mississippi have a stronger voice in choosing the presidential nominees

A report in the Olivia Y case, filed on Jan. 6, found that an infant died within five days after entering the state's foster care system. The report found that the state had not inspected the home where the baby died before the baby was placed there. Judith Meltzer, from the Center for Study of Social Policy, found that the baby's death was a result of poor documentation and failure to "properly collect and document information significant to the licensing process" and "record information in the case record."

Mississippi's foster care system has actually gotten worst, the report found. Only 2 percent of children entering the foster care system received a health exam within 30 days, and 2 percent of foster parents received all the relevant medical information on a foster child within 15 days of placement.

The Olivia Y case has been ongoing since 2004, since the state was sued by A Better Childhood, a national nonprofit advocacy organization, on the state's foster care children's behalf. On Dec. 22, 2015 the federal court issued an order requiring that the state create the Division of Family and Children's Services--separate from the Department of Human Services. Gov. Phil Bryant selected former Mississippi Supreme Court Judge David Chandler to be the executive director of the new division on Dec. 29, 2015.

The court order also requires increased compensation and technology for caseworkers as well as an increase in foster homes in the state. Executive director of A Better Childhood, Marcia Robinson Lowry said there are far too few foster homes and workers in the state, in a press release. "The facts could not be more clear," she said in the release. "The foster care system in Mississippi is well beyond crisis."

Gov. Phil Bryant has filled both Mississippi Supreme Court vacancies, following the departure of Justices Randy Pierce and David Chandler. Former District 1 Court of Appeals Judge James Maxwell and tenth district chancellor Dawn Beam will join the state's highest court in the new year.

Chief Justice Bill Waller Jr. said in statement that Judge Maxwell's "energy and experience will serve the court and the citizens of the state well.” Waller expressed enthusiasm at Beam's arrival to the court. In a statement, he said Judge Beam has continued to go above standards in helping her court's district convert to an all electronic filing system. Beyond clerical duties, Waller said Beam "has tirelessly worked to resolve issues regarding placement and supervision of abused and neglected children.”

Judge Beam has been involved with her district's work to guarantee safe homes for all children and recently spoke at a community meeting in December praising the local Department of Human Services workers in Marion County for the changes they've made in their office--including upping personnel numbers. The increased personnel led to 160 children being removed from their homes due to court orders that cited deplorable living conditions or drug abuse at home.

Judge Maxwell was appointed to the district court by former Gov. Haley Barbour in 2009 and re-elected in 2014. He practiced civil law in Jackson and worked as an assistant U.S. attorney in the northern district of Mississippi.

The Mississippi Supreme Court has ruled Lauren Czekala-Chatham's divorce legal in concurrence with the ruling in Obergefell v. Hodges, the U.S. Supreme Court case that legalized same-sex marriage in June. Czekala-Chatham filed for divorce from her estranged wife in 2013 in Mississippi, and has been waiting for an order from the Mississippi Supreme Court since July when both the state and Czekala-Chatham's lawyer filed entry motions for judgment in the case following the Obergefell decision.

After a four-month silence, the Mississippi Supreme Court has finally ruled, but not without pontificating. Five of the Mississippi Supreme Court justices signed the order in support of granting Czekala-Chatham a divorce. Chief Justice William Waller and Justices Michael Randolph, Ann Lamar, Randy Pierce and David Chandler ordered a short entry of judgment in Czekala-Chatham's favor, reversing the previous DeSoto County Court ruling that said Czekala-Chatham could not get a divorce. Justice Pierce wrote a separate statement in support of the court's order.

Four justices objected to the order, however. Justices Jess Dickinson, Josiah Coleman and Leslie King, however, in three separate written statements, objected to the order, and Justice James Kitchens joined Justice King's statement. The 36-page order and statements are available here.

Czekala-Chatham released the following statement after the court's ruling:

"I'm happy this battle has been won. But the war on discrimination is still on going. I continue to struggle with the negative consequences that being in the public's eye has caused. I will soon be divorce (sic) from my former spouse. And realize there are still road blocks when testing discrimination laws. So much still needs to be addressed. This fight has damaged my life in ways I can't recovered (sic) from. Searching for employment for 18 months has put a mental and a financial strain on me. Any potential employer can google my name and I'm dropped as a potential candidate. You can win the battle but the war on discrimination is very much real."