US appeals court granted stay on creation of Mississippi state court in the majority-Black capital city. A federal appeals court has issued a temporary block on Mississippi officials’ efforts to establish a state-run court within part of Jackson, the majority-Black capital city.
The Fifth Circuit Court of Appeals, responding to concerns raised by the NAACP, granted an administrative stay until January 5. This intervention comes as a response to the NAACP’s contention that the implementation of Mississippi House Bill 1020 (HB 1020) violates the state’s constitution by eroding citizens’ rights to elect judges.
The origins of this legal battle can be traced back to April 2023 when the NAACP initiated a challenge against HB 1020, asserting that the bill disproportionately impacted Mississippians’ ability to elect judges, particularly within Hinds County—a predominantly Black community encompassing Jackson. The NAACP sought an injunction against specific provisions of HB 1020, setting the stage for a legal clash over constitutional rights.
Signed into law in April 2023 by Mississippi Governor Tate Reeves, HB 1020 aimed to address public safety concerns within what the governor characterized as Jackson’s “unprecedented crime epidemic.”
Notably, Jackson had the highest per-capita homicide rate in the nation in 2021, prompting legislative action. Governor Reeves underscored the urgency of the situation, stating that in 2022, Jackson would have ranked among the world’s most dangerous cities with an 88.9 homicide rate.
HB 1020 proposed the establishment of an inferior municipal court within the Capitol Complex Improvement District (CCID). A key point of contention arises from the fact that judges in this district would be appointed by the white chief justice of the Mississippi Supreme Court, deviating from the typical process of election by the majority-Black voters in the city. Critics argue that the bill, in its current form, establishes a separate judicial district that seemingly favors the “whiter and more affluent” neighborhoods of Jackson.
The US Department of Justice (DOJ) intervened in July 2023, adding federal weight to the challenge against HB 1020. The DOJ labeled the bill as racially discriminatory, contending that the appointments outlined in the legislation were intended to benefit white residents in Jackson.
Furthermore, the DOJ argued that this legislative move treated Black voters in Hinds County differently than their white counterparts in the rest of the state. The crux of the DOJ’s argument rested on the assertion that HB 1020’s adoption had a discriminatory purpose, violating the Equal Protection Clause of the Fourteenth Amendment.
However, the legal journey faced initial hurdles for the plaintiffs as their motion for a preliminary injunction was blocked due to a lack of standing. Article III standing, a prerequisite in federal court, necessitates plaintiffs to demonstrate an injury in fact, traceability, and redressability. The federal district court denied the motion, citing the NAACP’s failure to claim organizational standing and an inadequate pleading of an injury in fact during oral arguments.
The recent intervention by the Fifth Circuit Court of Appeals injects new momentum into the legal dispute over the constitutionality of HB 1020. The temporary block serves as a pause in the implementation of the state-run court, offering an opportunity for further legal examination. The court’s directive instructs the district court to issue a final appealable order by noon on January 3, setting the stage for a crucial phase in the ongoing legal battle.
