Court of appeals allows creation of state-run court in Mississippi’s majority Black capital city

(CNN) — A federal appeals court will allow Mississippi to create a state-run court system in the majority Black and Democratic capital of Jackson.

The Fifth US Circuit Court of Appeals on Thursday vacated a temporary administrative stay issued earlier this week that delayed the creation of the new court and denied requests for an injunction, according to court documents obtained by CNN.

Attorneys from the NAACP filed a lawsuit last year against Mississippi Gov. Tate Reeves, state Attorney General Lynn Fitch and a handful of other state officials, calling parts of the House Bill 1020 law a “racially discriminatory schematic upon Jackson, Mississippi, with its majority Black population.”

The law, set to go into effect this week after it was signed by Gov. Reeves in April 2023, would prevent Jackson residents from electing judges within the boundaries of a state-created district called the “Capitol Complex Improvement District,” which includes the state Capitol building, downtown and Jackson State University.

The bill would allow the state Supreme Court chief justice to appoint judges, and the state Attorney General to appoint prosecutors.

CNN previously reported both officials are White and conservative, in contrast to the city’s 82% Black or African American residents, according to the latest US Census Bureau data, who have historically voted largely for liberal candidates. 

On Thursday, the federal court of appeals sided with US District Judge Henry Wingate, who had dismissed on Sunday a request to stop the creation of the court and its appointments.

Wingate wrote in his ruling that none of the plaintiffs showed how they would stand to be harmed personally by the appointment of new judges.

His order did not deal with the substance of the plaintiffs’ claims of racial motivation for the law.

The federal court of appeals said the plaintiffs did not have the legal right – known as standing – for an injunction because they could not prove an actual and imminent injury or harm.

“The NAACP is profoundly disappointed by this ruling,” Janette McCarthy Wallace, general counsel for the NAACP, said in a statement.

“Despite any obstacles we may face, the fight continues. Our case will proceed, with more briefing and arguments to come. The NAACP remains committed to upholding democracy and putting power back in the hands of Jackson residents,” Wallace added.

CNN has reached out to Reeves and Jackson’s mayor for comment.

This story has been updated with additional developments.

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