THREAD: The 5th Circuit allowed @splcenter's claim that MS may not send black students to inferior schools to go forward temporarily, but SPLC's victory is proving that DOJ can win this suit even though SPLC will lose it.

So, we should urge @JoeBiden to join it.

Here's why: 1/
The federal law that SPLC wants to enforce is the MS Readmission Act (below), which is the act passed by Congress to readmit MS as a state after the Civil War—and which protects "the school rights and privileges" of MS children. 2/
MS moved to dismiss SPLC's lawsuit for several reasons, and Judge Barbour (the trial judge) dismissed the suit finding that MS is immune from suit. splcenter.org/sites/default/…

Since that was enough to dismiss the suit, Barbour did not consider MS's alternative motions to dismiss. 3/
On appeal, a three-judge panel of the 5th Circuit held that MS is not immune from suit for alleged violations of the MS Readmission Act. ca5.uscourts.gov/opinions/pub/1… 4/
However, the panel declined to rule on MS's alternative motions to dismiss, meaning that Barbour will consider those motions on remand, including MS's argument that the MS Readmission Act contains no private right of action.

That's a fancy way to say only DOJ can enforce it. 5/
A member of the 5th Circuit moved for the full court—all 17 judges in active status—to rehear the case rather than letting the three-judge panel's decision stand. That motion filed by a vote of 8 judges in favor of rehearing to 9 judges opposed. 6/
Judge Jones dissented from the denial of rehearing on two grounds, which are Parts IIA and IIB of her dissent. ca5.uscourts.gov/opinions/pub/1…

Including Jones, only six dissenters agreed to Part IIA of Jones' dissent, whereas all eight dissenters agreed to Part IIB. 7/
Part IIA of Jones' dissent argues that MS is immune from suit.

Since only six dissenters agreed to Part IIA (and since nine judges declined to rehear this issue), it seems clear that the 5th Circuit believes the MS Readmission Act is enforceable—at least in the abstract. 8/
But that brings me to Part IIB of Jones' dissent, which argues that private parties—like SPLC's clients, who are the plaintiffs in this case—can't enforce the MS Readmission. 9/
So, the case now returns to Judge Barbour to decide whether private parties can sue to enforce the MS Readmission Act—and whatever Barbour decides, that issue will go up to the 5th Circuit. 10/
The 5th Circuit will be ready to dismiss SPLC's lawsuit at that time. Eight judges have already announced that they will hold private parties cannot enforce the MS Readmission Act, and we do not know what the other nine think about this issue. 11/
Even if each of those judges believes SPLC's clients can sue to enforce the MS Readmission Act, though, it is extremely likely that as many as four of them will have taken senior status or otherwise no longer be active judges by the next time the 5th Circuit hears this case. 12/
To that end, depending how Judge Barbour rules, losing any one or two of those votes will kill SPLC's claim unless Mitch McConnell has a burst of generosity and confirms Biden's appointees to replace them. 13/
The bottom line is that SPLC's claim is UNLIKELY to survive all the way to trial, although SPLC has succeeded in demonstrating that DOJ would be LIKELY to reach trial on the same claim.

I don't know who our next attorney general will be, but put them on speed dial. 14/
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More from @jallen1985

18 Dec
The MS Supreme Court refuses to grant a new trial for another "shaken-baby syndrome" case by a 6-3 vote: courts.ms.gov/Images/Opinion…

This is also another Steven Hayne case. All the #ShakenBabyMS convictions and all the Hayne convictions should be treated with great skepticism.
I note that Judge Johnson—the trial judge who refused to grant a new trial and who the MS Supreme Court's majority affirms—is one of Mississippi's white-opportunity circuit judges.
Every majority-black circuit district in Mississippi is gerrymandered to produce white-opportunity subdistricts.

None of Mississippi's majority-white districts has a black-opportunity subdistrict. Instead, their judges are elected at-large.
Read 4 tweets
17 Dec
The MS Supreme Court refuses to hear the speedy-trial claim of a criminal defendant who was not tried for nearly 4 years after he was arrested allegedly due to an "overcrowded docket," leading me to wonder...

@bricewigginsMS has the 11th Circuit asked you for a new judge.? 1/
The MS Court of Appeals' decision forgiving the presumptively prejudicial three-year delay is here: courts.ms.gov/Images/Opinion…

The MS Supreme Court's 6-3 order denying review is here: courts.ms.gov/appellatecourt… 2/
In light of the Court of Appeals' analysis, I can only assume that the 11th Circuit is begging the #MSleg to give it more judges. 3/
Read 6 tweets
17 Dec
THREAD: MHA president Tim Moore tried to talk to Paul Gallo. It did not go well.

Without using the phrase "Medicaid expansion," Moore explained that pandemic or not, Mississippi's hospitals are struggling because Mississippi refused to expand Medicaid. 1/4
Gallo asks why MS hospitals aren't doing as well as retail superstores even though hospitals receive the CARES Act money.

Unable to say "Medicaid expansion," Moore notes that MS accepted federal aid for COVID-19 but not for "all these costs over here," motioning to the side. 2/4
Moore then emphasizes that healthcare workers like nurses and respiratory therapists are fleeing Mississippi for better-paying jobs in other states. 3/4
Read 4 tweets
17 Dec
THREAD: The Mississippi Supreme Court today sides with @tatereeves against @PhilipGunnMS and @JasonWhiteMS by a vote of 5-2-2.

Opinion here: courts.ms.gov/Images/Opinion… 1/
The five-justice majority questions its own jurisdiction to hear this case. The majority says that it will consider any/all future lawsuits of this type filed by legislators against gubernatorial vetoes to be beyond its jurisdiction. 2/
The MS Supreme Court has decided this type of case in the past, which the current majority considers to be beyond its own authority. 3/
Read 11 tweets
17 Dec
QUICKTHREAD: Consider the opportunity cost to @CommAndyGipson of pandering to the fringe. 1/6
If @CommAndyGipson used his platform to bolster @TCBPubHealth @msdh's public health messaging, he could throw in brags about how @MSDeptofAg provided the fairgrounds as an early testing site.

Instead, Gipson argues against a second MS lockdown that no one is proposing. 2/6
And imagine if @CommAndyGipson used the time he spent pandering to the "Stop the Steal" crowd to, instead, work on economic development in the fairgrounds area of @CityofJacksonMS. I continue to believe that... 3/6
Read 6 tweets
16 Dec
THREAD: Paul Gallo and Hob Bryan encapsulate political debate in Mississippi quite well.

It starts with Hob cataloging things MSians need government to do before entertaining tax cuts primarily benefiting the wealthy. 1/
Paul starts to break down at the claim that repealing the income tax would primarily benefit the wealthy. 2/
Paul's response to Hob's argument? How dare @DelbertHosemann appoint a Democrat to chair the health committee!

Hob tries to explain why people are moving from Tennessee (no income tax) to Mississippi (income tax), but Paul dissociates further from reality. 3/
Read 6 tweets

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