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The Storms Before the NFL Draft
By bryanflynnThere has been plenty of news before the NFL Draft’s kickoff tomorrow night, Thursday, April 27, that could send players down the draft board. Some is understandable, and some could be considered ridiculous.
Let’s start with the ridiculous and work our way to more serious elements. One thing to remember: the run-up to the draft is one long job interview.
Last week in the Milwaukee Journal-Sentinel, writer Bob McGinn reported the scores of several players who took the Wonderlic intelligence test at the NFL Combine. ESPN’s Darren Rovell pointed out two players who scored an 11 out of 50 on the test and Rovell was roasted on social media. Since then, Rovell took the official test and wrote about taking it and how it changed him.
The leaking of Wonderlic scores has gone on since the NFL began using the test in the 1970s. If you don’t know, the test is 50 questions taken in 12 minutes with just a pencil and scrap paper. The employers use the test to assess the intelligence of prospective employees.
If you follow the NFL Combine, everyone does the same testing. All the players bench-press 225 pounds, run the 40-yard dash, and so forth. Not all the tests really apply to every position, but to get an apples-to-apples comparison, every player does the same tests.
The Wonderlic doesn’t mean a ton for most positions. If any position makes sense, it is the quarterback position, where you have to process a good deal of information and do it quickly.
What other players score on the test really isn’t entirely game-changing but is important. Players have known for years that the NFL gives the test at the combine. Agents have been preparing players for the test for years, as well.
If everything is a test at the combine, the way a player approaches the Wonderlic is a test. Remember, this is a giant job interview. If a player scores low on the test, teams might do more research on the player to find out why.
NFL teams will want to know why a player bombed a test that he knew he had to take. Did the player care enough to even prepare for the test? Is the player bad at taking tests? If the player didn’t care to prepare for the test, teams will wonder if that player will prepare for a NFL career. The test is part of an evolution process and not really about how smart the players are.
No one should be made fun for what he scored on the test. It is simply a way for teams to see whether players are going to put in the work that is needed to be in the NFL.
It also never fails that a player or two will fail the drug test at the NFL Combine. This year, it was University of Alabama linebacker Reuben Foster and University …
Congressman Thompson Asks Dept. of Homeland Security to Free Daniela Vargas
By adreherCongressman 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.
Court Denies Attempts to Dismiss Election Complaint for "Straw Contest"
By Tim Summers Jr.The U.S. Southern District Court issued an opinion and order this evening denying attempts to dismiss the lawsuit filed by five voters who allege that the Mississippi House of Representatives "intentionally discarding their ballots to change the outcome of the election," the order states.
In the order, United States District Judge Carlton Reeves wrote that the State of Mississippi's three attempts to dismiss the case, citing the intention behind the disqualification of the votes of plaintiffs Billie Faye Keyes, Joshua Allen, Courtney Rena Fortune, Karli Ford Matthews and Shelton S. Matthews.
"Taking these allegations as true, as the Court must at this stage, they state a claim that defendants intentionally treated plaintiffs differently from others voting by affidavit ballot, and there was no rational basis for the disparate treatment beyond an impermissible desire to alter the outcome of the election," Reeves' order states.
The late 2015 District 79 race between incumbent Representative Blaine Eaton, D-Taylorsville, and challenger Mark Tullos. The race ended in a tie, one that was broken through the implementation of an antiquated state law that demanded the two draw straws, which they did in a ceremony Nov. 20, 2015 in front of the governor and other state officials, and Eaton emerged victorious.
Tulles challenged the results, and a majority-Republican special committee was convened.
The Jackson Free Press reported the decision of the committee, to throw out some votes, ending the tie and handing the seat to Tullos.
"The House relied on the special election committee's report and testimony from Baker that five of the affidavit ballots should have been disqualified because voters violated a part of Mississippi law that requires voters to notify their county clerk if they move more than 30 days before an election," the JFP reported. "After two days of testimony from "five or six" witnesses, the House special election committee voted 4-1 to disqualify five of the affidavit ballots counted in the District 79 race, which was decided in November by drawing straws, as state law requires. By disqualifying five votes, the race was not technically a tie because, Baker said, even if the remaining four votes were for Eaton, Mark Tullos, the Republican challenger, would have won by one vote."
Reeves, as expressed in his opinion, disagrees. The judge instructed both sides to move forward with the trial, beginning with contacting the magistrate judge to coordinate the next stage.
City: Court Rules Rankin Can Build Own Wastewater Treatment Plant
By Tim Summers Jr.The City of Jackson released the following statement, verbatim:
City of Jackson’s Statement on Recent Ruling to Allow the West Rankin Utility Authority to Construct a Wastewater Treatment Plant in Rankin County
The City of Jackson is disappointed that the Rankin County Chancery Court agreed with the decision of the Mississippi Environmental Permit Board to grant the West Rankin Utility Authority an NPDES permit that will allow construction of a wastewater treatment plant in Rankin County. The Court’s decision last week ignored significant errors of law that should prevent the issuance of this NPDES permit. The West Rankin Utility Authority currently has cost-effective wastewater treatment provided by the City of Jackson’s Savanna Street Wastewater Treatment Plant. The City believes that the construction of a new wastewater treatment plant that discharges into the Pearl River is an unnecessary expense to all of its Savanna Street customers in Rankin, Hinds, and Madison Counties that will degrade the water quality of the Pearl River.
The City has 30 days within which to file an appeal of this decision to the Mississippi Supreme Court. The City is weighing this option as well as other options to increase its customer base as a result of any lost customers of the West Rankin Utility Authority. The City will also be reassessing its plans for upgrading the Savanna Street Wastewater Treatment Plant under the Consent Decree to identify areas of savings that may be available as a result of any loss in some West Rankin Utility Authority customers. Finally, the City will continue to be open to any new, mutually advantageous relationship with the West Rankin Utility Authority that will maximize the existing treatment capacity at the Savanna Street Wastewater Treatment Plant and maintain the existing low cost of treatment, while planning for the future.
Virgi Lindsay to Run for Jackson City Council Ward 7
By Tim Summers Jr.The following was sent to the Jackson Free Press in the form of a press release this morning, reprinted here verbatim: Virgi Lindsay to Run for Jackson City Council Ward 7
Expert in Neighborhood Revitalization Knows the Formula for Success
[Jackson, MS] Virgi Lindsay, a community leader and expert in neighborhood revitalization is running for Jackson City Council Ward 7. After filing her official statement of candidacy today, Ms. Lindsay remarked.
“I love Jackson and have spent decades working to make it safer, cleaner and a more vibrant place to live and work. Now I want to use this experience to help all the neighborhoods in Ward 7.”
Virgi has spent 15 years directing the Greater Belhaven Foundation, one of Jackson’s most successful improvement groups. She understands how the city operates. Under her leadership property values improved and new businesses brought more jobs to the city.
Virgi’s accomplishments led to Greater Belhaven’s designation as one of America’s Top Ten Neighborhoods in 2014. Experts in Mississippi neighborhood and downtown revitalization chose her as statewide Main Street Director of the Year in 2015.
Virgi Lindsay’s skillset extends beyond her successes in urban and community development.
Before managing the Greater Belhaven Foundation, Mrs. Lindsay was a reporter for the Clarion-Ledger. She later served as Public Relations Director for the Jackson Public Schools and Communications Director for the Mississippi Arts Commission. This combination of experiences make Virgi Lindsay uniquely qualified to represent Ward 7.
Mrs. Lindsay has identified four areas of focus. She considers them all critical and of equal importance in making Jackson better. They are: • Repair our streets, water lines and other infrastructure • Make Jackson safer • Restore leadership in Jackson Public Schools • Improve and protect housing for all
Mrs. Lindsay has begun an extensive series of meetings all across Ward 7. She explains her intentions “There are shared issues that unite Ward 7 –for example we all have concerns about streets, water, sewer and drainage. But I also have tremendous respect for the uniqueness of every neighborhood in Ward 7 and the people who call it home. I know that in every neighborhood there are champions who are working to protect and improve their community.
These are the dedicated residents who are willing to do the hard work to make things better. I already know some of these leaders, but I want to know them all, and work alongside them to make things better. I want to partner with our neighborhoods and use my experience in community development to help them succeed.”
Virgi Lindsay has lived in Ward 7 for 32 years. She and her husband Chuck have two grown children, Chaz and Mary- Michael. The family has attended St. Richards Catholic Church for 34 years. Virgi currently serves on the Board of Directors for the Jackson Zoo and New Stage Theatre.
Council to Consider Settlement for Mayor's Lawsuit
By Tim Summers Jr.The City Council's agenda for their regular meeting tonight, Dec. 13, at 6 p.m. in City Hall includes a possible settlement with the former executive assistant to Mayor Tony Yarber, Kimberly Bracey, alleging the mayor of sexual harassment, sexual discrimination and a hostile workplace.
Bracey alleged in a lawsuit filed on Aug. 25 of this year that she began to work with the mayor i 2014, and while she worked for him, the complaint states, he and she began a sexual relationship which she ended when she and her husband reconciled in 2014.
Bracey alleges that Yarber then forced her to continue their sexual relationship "by making it clear that she could be terminated if she did not have sex with him." Yarber, she alleges, also asked her "to encourage another female to give Defendant Yarber oral sex in exchange for guaranteed employment." She also heard him say inappropriate sexual remarks about other women, the complaint states.
The mayor released a statement concerning the lawsuit soon afterward.
"The City of Jackson has been made aware of a vicious and scandalous lawsuit filed by a former disgruntled employee, Kimberly Y. Vaunterice Bracey," the mayor's statement said. "Although the City has not been served with a copy of the complaint and summons, Mayor Tony T. Yarber and the City of Jackson stand ready to vigorously defend against each and every frivolous allegation made by Kimberly Y. Vaunterice Bracey."
The item on the council's agenda seems to indicate that the lawsuit will not go to trial. The details of that settlement would usually be included in the council's agenda packet, but the packet, filled with information that the public is supposed to be able to read before the council meets, has not been uploaded to the city's website yet.
Gov. Bryant Announces Opioid and Heroin Abuse Task Force
By adreherGov. 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.
U.S. Justice Dept. Announces (More) Federal Prison Reforms
By adreherThe 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.
EEOC Issues Guidance on 'National Origin' Discrimination
By adreherThe 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.
5th Circuit Denies Gov. Bryant's Motion for Stay in HB1523 Case
By adreherThe 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.
AG Hood Responds to DOJ Olmstead Lawsuit
By adreherAttorney 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 …
Jackson Man Arrested for Conspiracy, Bribery of Hinds County Assistant DA
By Tim Summers Jr.VERBATIM:Attorney General Jim Hood announced today that a Jackson man was arrested Friday for bribery of a public official and conspiracy following a joint investigation by the Attorney General’s Office and the FBI.
Robert Henderson, 44, is accused of offering a former Hinds County assistant district attorney $500 in exchange for dismissal of charges against three criminal defendants. Henderson is charged with one count of bribery of a public official and one count of conspiracy to bribe a public official. Henderson was booked into the Hinds County Jail. Hinds County Justice Court Judge Frank Sutton set Henderson's bond at $5,000 for bribery of a public official and $5,000 for conspiracy for a total of $10,000.
Henderson is alleged to have offered the bribe to then-Hinds County Assistant DA Ivon Johnson on or about June 15 of this year. Henderson is accused of seeking Johnson’s assistance in having cases dismissed involving three criminal defendants.
As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
53 Former Wrestlers Sue the WWE Over Concussions
By bryanflynnThe NFL is trying to settle a concussion lawsuit against it. A concussion lawsuit against the NHL is currently pending.
Now, 53 former wrestlers are suing the WWE over concussions. It really only seemed to be a matter of time before the biggest wrestling organization in America ended up in court.
Some of the lawsuits’ better known plaintiffs are Jimmy “Superfly” Snuka, Paul “Mr. Wonderful” Orndorff and Joseph “Road Warrior Animal” Laurinaitis. Some interesting facts: Snuka was just declared mentally incompetent to stand trial for the murder and manslaughter charges stemming from 1983, Laurinaitis’ brother John still works for the WWE, and Orndorff made an appearance at WrestleMania XXX and on Monday Night Raw in 2014.
James Harris, better known as Kamala, is a Mississippi native and is also named as a plaintiff in the lawsuit. Harris had both his legs amputated due to diabetes in 2014.
The lawsuit alleges that the WWE hid the risk of brain trauma from wrestlers and put profits over the welfare of performers’ health. Attorney Konstantine Kyros, whose name sounds like wrestling heel or bad guy, filed the lawsuit.
Kyros has tried to sue the WWE in the past and has already seen two class-action lawsuits against the Stamford, Conn.-based company dismissed. He also has two wrongful death lawsuits pending against the WWE.
One major obstacle to this lawsuit is if the wrestlers can prove the WWE knew the dangers of concussions and hid them from them. As ESPN’s legal expert Lester Munson points out, do the wrestlers and their lawyers have a “smoking gun” to prove that the WWE knowingly withheld concussion information?
Another hurdle for the wrestlers will be that they were, and still are, considered independent contractors. Unlike the NFL and other sports leagues, wrestlers don’t have a union to represent them.
The current lawsuit addresses the fact that the wrestlers are independent contractors and states that independent contractor is the wrong designation.
Even if the wrestlers get the lawsuit in front of a judge or jury, many of them worked for other organizations. In the days before the WWE became a national company, wrestlers worked for organizations that were territory based.
Several of the wrestlers in this lawsuit started out during the territorial days. In those days, the different territories were under gentleman's agreements, and the National Wrestling Alliance was the governing body.
Nearly all of the wrestlers in the lawsuit wrestled for organizations such as World Championship Wrestling, New Japan Pro Wrestling, Extreme Championship Wrestling, Total NonStop Action and others.
In fact, some wrestlers in the lawsuit spent more time with other organizations than they did with the WWE. The fact that the WWE bought both WCW and ECW might play a part in the lawsuit.
Any wrestler who spent time in ECW might have a hard time proving any health problems they had were suffered in the WWE. The former
Verbatim Statement by Attorney General Jim Hood on HB 1523
By Todd StaufferAfter careful review of the law, and the social and fiscal impacts of HB 1523, I have decided not to appeal the Federal Court's injunction in this case against me. I am convinced that continuing this divisive and expensive litigation is not in the best interests of the state of Mississippi or its taxpayers.
Thigpen: Charter Schools are 'Free' Schools
By Maya MillerForest Thigpen, president of the Mississippi Center for Public Policy, issued the following statement regarding the lawsuit filed on July 11 by the Southern Poverty Law Center that alleges the state's charter school law violates the state's constitution by enabling ad valorem taxes to cross district lines, leaving the district they were meant to support:
Charter schools are public schools, and since they charge no tuition, any rational person would conclude that they are "free" schools as referenced by the state constitution.
Parents are responsible for their children's education. It is immoral for the government to force parents to send their children to schools that do not meet their academic and related needs, especially when other public options are available, including charter schools.
Parents who have enough money to move to a better district or to send their children to private schools already have options. Charter schools, as demonstrated by the student population at the two schools that opened this year, primarily serve families who cannot afford either of those options.
Improving educational outcomes is one of the most important ways to lift children out of poverty, and charter schools offer that hope to parents who want a better future for their children. By pursuing this lawsuit, it appears as though the Southern Poverty Law Center wants to perpetuate, not alleviate, southern poverty.
Release: Ministers, Community Leaders Applaud H.B. 1523 Court Decision
By Donna LaddVerbatim release: A group of Mississippi ministers, community leaders, civic activists, and a Hattiesburg church who filed the first lawsuit challenging House Bill 1523 on the ground that it violates the principle of the separation of church and state, today applaud the decision of U.S. District Judge Carlton Reeves, who agreed with their arguments and issued a preliminary injunction prohibiting the controversial law from taking effect on July 1.
U.S. Supreme Court Strikes Down Texas' Anti-Abortion Laws; Mississippi Leaders Respond
By adreherThe 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."
…Verbatim: Settlement Ends “Debtors’ Prison” System in Jackson, Mississippi
By Tim Summers Jr.JACKSON, Miss. – The landmark settlement of a federal class action against the City of Jackson, Mississippi, has brought an end to that city’s self-described “pay or stay” system alleged to have sent hundreds of people to jail each year because they could not pay fines and fees in misdemeanor cases.
The City has agreed to give indigent defendants the choice of paying off their fines at the rate of $25 per month or performing community service and receiving credit toward their unpaid fines at the rate of $9 per hour.
In addition, Jackson no longer will require people arrested for misdemeanors to post a money bond in order to avoid pre-trial detention. Rather than releasing only those people who can afford to pay a bond and detaining those people who – although presumptively innocent – are too poor to pay their way out of jail, the city will release all people arrested for misdemeanors upon their written promise to appear in court on a specified date for a trial or other hearing. As an alternative to money bond, the city’s judges will have the option to place non-monetary pre-trial conditions on people arrested for misdemeanor offenses. For example, a judge might order a person accused of shoplifting to stay away from the location of the alleged misdemeanor until after the resolution of that person’s case.
The agreement is part of a settlement reached in the lawsuit filed by Equal Justice Under Law, a non-profit civil rights organization in Washington, D.C., and the Roderick and Solange MacArthur Justice Center at the University of Mississippi School of Law. The case was filed on behalf of seven Jackson residents who were ordered to jail by Jackson municipal judges for periods ranging from 26-90 days due to their inability to pay court debts imposed in misdemeanor cases.
The lawsuit challenged Jackson’s practice of sending impoverished people to jail when they failed to pay their court debts without regard for whether they actually had the financial ability to pay. Persons sent to jail under this system received credit toward their unpaid debts at a rate of $25 per day of incarceration at the Hinds County Jail, or $58 per day if they participated in the mandatory work program at the Hinds County Penal Farm.
As a result of this practice, some people spent several months in jail while working off their debts.
The lawsuit alleged that this practice was carried out for more than a decade and resulted in the incarceration of hundreds of indigent defendants each year.
U.S. District Judge Tom S. Lee of the Southern District of Mississippi entered a declaratory judgment in Bell v. City of Jackson setting forth the limitations on incarcerating defendants for failure to pay fines. The judgment states: “It violates the Constitution to incarcerate an individual, either before or after trial, solely because an individual does not have the ability to make a monetary payment…. Based upon this constitutional principle, no individual may be held in jail …
U.S. District Judge Dismisses ACLU HB1523 Lawsuit
By adreherU.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.
Russian Track and Field Team Banned From Rio
By bryanflynnThe International Association of Athletics Federations announced today that the Russian track and field team will be banned from the Rio Olympics, which is a historic move from the organization and might finally turn the tide against doping.
The IAAF voted unanimously to ban the Russian team, but individual athletes will still have a way to reach Rio as neutral athletes. Russia was first suspended back in November when a report from the World Anti-Doping Agency alleged state-sponsored cheating.
Today’s move was to confirm that Russia hadn’t done enough to earn reinstatement. The country claimed to have cleaned up its testing program, but a report from WADA showed that Russia was still working to obstruct proper drug-testing and violations of drug-testing policies.
In the WADA report, it claimed that Russian athletes tried to evade testing from February and May. The report also claimed that one female athlete had a fake clean sample hidden “inside her body.”
Russia said it would appeal the decision to the International Olympic Committee. The IOC has scheduled a summit of sports leaders for Tuesday to look at the anti-doping responsibility of the Russian team as a whole but will still allow clean athletes to compete.
Legal challenges to the ban are on the way after the ruling. Two-time Olympic champion pole vaulter Yelena Isinbayeva told Russian news source TASS that she would file a suit in the Court of Human Rights on the grounds of discrimination.
Some of the cases from Russian athletes could be heard in the Court of Arbitration for Sport.
There are grounds for Russian athletes to compete in the games. Those who have helped lead the fight against doping and athletes like whistleblower Yuliya Stepanova would get strong consideration to enter the games.
Other athletes who can show a strong case that they have been subject to rigorous testing and haven't been tainted by the Russian testing system could also be reinstated for the games. Athletes who entered the games couldn’t compete as Russian but as neutral athletes.
Many sport officials and athletes outside of Russia urged the IAAF to take a strong stance against the Russian team. The USA track and field team supported its ban.
The suspension of the Russian team might finally start to get athletes and the team to strongly consider the cost of doping to win major competitions. This is the strongest rebuke of athletes doping in any sports history.
The 2016 Olympics, or the Games of the XXXI Olympiad, are scheduled to begin on Aug. 5 in Rio de Janeiro.
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