I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Photo: Lafayette County covered bridge and unidentified boy, early 1950s

 

This is one of my favorite Lafayette County vintage photos I’ve ever seen.

It is a covered bridge that was torn down about 1952 or 1953.  Joe Black, posting on Facebook, identified it as “the covered bridge at Fudgetown;”I’m guessing it was below Fudgetown (the road from Fudgetown south crossed the Yocona [...]

Today: Vote in the Third Circuit Court judicial runoff in North Mississippi

Update: VOTE TODAY, TUESDAY NOVEMBER 25th!

Folks in the following counties have an important judicial election tomorrow:  Lafayette, Benton, Calhoun, Chickasaw, Marshall, Tippah, Union.  The candidates on the ballot are Kelly Luther and Shirley Byers.  I have previously posted about Shirley Byers’s prior experience as a judge.

I am supporting Kelly Luther.  He has [...]

Remember that lawsuit by the Sons of Confederate Veterans?

That memorial lawsuit by the Sons of Confederate Veterans seems to have gone nowhere.  They got issued a summons for a Rule 81 hearing (what were they seeking, a divorce?) for a hearing that was never actually scheduled, and a lawyer appeared for the University, and then…  nothing.  Not even a return on the [...]

We All Must Look The Same To Them

Anderson is going to love this one.

This was in the Chittenango, New York may have been in a newspaper’s sports section this morning.  From Shannon Lovejoy on Facebook.

Update:  I wondered about the cut off masthead, which should have been a big read flag.  When someone goof on Facebook tried to foist this off [...]

Being an Ole Miss fan will break your heart. That, and the lost cause

I.

When I was fourteen, kids in town could sell football programs.  We’d get a ticket to the game as a part of the deal, and we’d come home with a good chunk of change if we were good at selling programs.  Kids really devoted to making money would sell [...]

Big Gay Ice Cream Truck comes to Oxford

New York’s Big Gay Ice Cream Truck is a pioneer and national award winner in the food truck business. They’re doing a Southern Tour, hitting North Carolina, Atlanta (yesterday & today), Birmingham (tomorrow, near Highlands at Five Points), and then Oxford outside Big Bad Breakfast on Friday afternoon. They are writing about the [...]

Lafayette County Bar to sponsor judicial candidate forum October 21st

The Lafayette County Bar will hold a judicial candidate forum on October 21, 2014 at Boure starting at 4PM. All judicial candidates on the ballot in Lafayette County are invited, which means three candidates for a circuit post, three for a chancery post, and two for a second chancery post. Judge Jimmy Maxwell of [...]

Nate Silver is starting to like Ole Miss’s chances.

This may be an odd pill for you Red State folks to swallow, but Nate Silver is starting to like Ole Miss’s chances of making the college football championship series.

You heard that right. Apparently, if you use “being in the top four at the end” as a stand in for “making the championship [...]

Be Careful Our There this Weekend in Oxford

An email from the mayor is circulating in the legal community, describing a coordinating meeting with law enforcement getting hyper-vigilant.  It concludes: “We will be EXCEPTIONALLY diligent in enforcing alcohol odinances and will have ZERO tolerance of people instigating problems LET EVERYONE KNOW that it will be easy to get arrested in Oxford this weekend.”

Notes on the Confederate Memorial Lawsuit: Yes, the Mississippi standing cases are a mess

In a prior posts about standing, I cited a number of Mississippi cases that pretty clearly hold that, while Mississippi has more forgiving rules for standing than the federal cases, there is still a requirement that the plaintiff have a claim of individual injury. In comments, John Pittman Hey pointed to some cases that come very close to saying that just about anyone has standing to assert claims for state actors violating state laws. I’m going to discuss this line of cases below.

For those who don’t want to wade through all of this, here’s my conclusion: This line of cases start with a couple of opinions by Justice McRae, that, at least in the language used, really do take an extremely broad view of standing that would allow virtually anyone to bring suit for violation of the law. The actual facts of the case don’t go quite that far; they involve legislators suing about alleged state law violations mostly involving their interests as legislators. Another important qualification is that there were a couple of later cases where the court did not follow these legislator standing cases, holding there was no standing for certain claims by non-legislators, over dissents by Justice McRae.  The later cases did not attempt to distinguish the legislator-standing cases, just citing and quoting them and then holding a particular party did not have standing in spite of whatever the language in the legislator standing cases might suggest.  No analysis, just a result.

These cases and the more usual ones make the standing law in Mississippi so disparate that I think standing here is a tossup– if the court wants to reach the merits, it can, and if it doesn’t want to, it can go off on standing. The one factor that may tilt them away from a tossup is that the opinions were by Justice McCrae and the Court has pulled away from them in holdings without doing so in an analytical way.

That leaves a trial judge in a spot, with no principled way of resolving this particular issue. It would be great if the Supreme Court faced this inconsistency and resolved it, but perhaps some judges like rules that don’t so much resolve cases as provide rationales for whichever way they wish to go. Personally, my instincts are that this should be resolved leaning toward the conservative result of saying that there is a requirement a plaintiff show that they, personally, had an injury or interest particular to them before they could file suit.  I will explain why if asked.

There is more detail about this than you might want below the fold.

Should I add a category “Where Mississippi caselaw is a mess” for general usage?

Continue reading Notes on the Confederate Memorial Lawsuit: Yes, the Mississippi standing cases are a mess