Daily Brew: August 26, 2020

## August 26, 2020[edit]

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how Mississippi is selecting the flag design voters will decide on in November + examines state retirement ages for judges

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| Welcome to the Wednesday, August 26, Brew. Here’s what’s in store for you as you start your day:

1. Commission to redesign Mississippi state flag to select new design Sept. 2
2. Colorado Supreme Court chief justice to retire in January 2021
3. U.S. Supreme Court releases November calendar

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## Commission to redesign Mississippi state flag to select new design Sept. 2

Voters in Mississippi will decide in November whether to adopt a new state flag. The state enacted legislation on June 30 removing the official status of the previous state flag which contained the Confederate battle cross. The Commission to Redesign the Mississippi State Flag will select the design that voters will consider from among five finalists on September 2. According to the Mississippi Clarion Ledger, the commission narrowed the choice on August 25 to the following two options:

After the killing of George Floyd on May 25, protests against racism and the debate about confederate flags and statues resurfaced. Mississippi had been the only state with a flag containing the Confederate battle cross.

On June 27, Mississippi Governor Tate Reeves (R) tweeted, "The argument over the 1894 flag has become as divisive as the flag itself and it’s time to end it." State Representative Robert Johnson III (D) said, "It is a symbol of terror in the Black community. It is a symbol of oppression in the Black community and it is a symbol of slavery. Johnson also said that the protests against racism after George Floyd's death created "a perfect storm" that spurred the state legislature to act in removing the state flag.

The legislation established a nine-member commission to redesign the flag and provided that "the new design for the Mississippi State Flag shall honor the past while embracing the promise of the future." The proposed flag cannot include the Confederate Battle Flag and must include the words "In God We Trust."

The public was able to submit flag designs (either by mail or email) to the Mississippi Department of Archives and History until August 1. Designs needed to adhere to standards established by the North American Vexillological Association, which describes itself as the largest organization of flag enthusiasts and scholars in the world. Those standards include that it:

* be simple enough that a child could draw it from memory;

* use meaningful symbolism;

* use two or three basic colors; and

* not use lettering or seals.

The commission received around 3,000 flags that met that criteria. On August 18, the Commission narrowed down the number of potential flags to five which were printed on fabric for commissioners to view at a meeting this week. These designs will also be offered for public comment through September 2.

Voters will decide whether to adopt the new flag in a statewide referendum November 3. If voters reject the new proposed flag, the Commission will reconvene again and select another flag design that voters will either approve or reject at a special election in November 2021. Mississippi is one of 21 Republican state government trifectas, meaning that that party controls the governor’s office and both chambers of the state legislature.

Learn more

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## Colorado Supreme Court chief justice to retire in January 2021

Colorado Supreme Court Chief Justice Nathan Coats announced August 19 that he is retiring in January 2021 when he reaches the state's mandatory retirement age of 72. Coats joined the court in 2000 after being appointed by Gov. Bill Owens (R).

State supreme court justices in Colorado are selected by the governor with assistance from a 15-member nominating commission. The commission provides a list of three candidates to the governor, who must choose from that list. Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last 10 years. Coats' replacement will be Governor Jared Polis' (D) first nominee to the seven-member supreme court.

The six remaining Colorado Supreme Court justices were nominated by Democratic governors.

While federal justices are appointed for life and have no mandatory retirement age, state judges in 33 states and the District of Columbia must leave the bench upon reaching a specific age according to terms outlined in the state constitution or per state law. This age ranges from 70 in 17 states to 90 in Vermont. Three other states—Iowa, North Carolina, and South Carolina—impose a mandatory retirement age for judges of 72.

In 2020, there have been 19 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. The vacancies were caused by retirements. Twelve vacancies are in states where a Democratic governor appoints the replacement. Six are in states where a Republican governor appoints the replacement. One vacancy is in a state where the state supreme court votes to appoint the replacement.

Learn more→

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## U.S. Supreme Court releases November calendar

There are only 40 days until the U.S. Supreme Court will begin hearing cases for its new term on October 5, which means we’re closer to the start of the new term than we are to the end of the previous one. It has been 48 days since July 9, when the court issued the final four opinions of the 2019-2020 term.

With the new term approaching, the Court released its November argument calendar on August 19 which identified the eight cases the justices will hear between November 2 and November 10. The Court previously announced the 10 cases it will hear during its October sitting—from October 5 to 14.

So far, the court has agreed to hear 31 cases during its 2020-2021 term. Of those, 12 were originally scheduled for the 2019-2020 term but were delayed due to the coronavirus pandemic.

You can learn more about each scheduled case by clicking on each link below. And if you’re like me and can’t get enough information about the Supreme Court, you’ll want to subscribe to Bold Justice—Ballotpedia’s free newsletter that covers all the news about SCOTUS and the federal court system.

November 2, 2020

• U.S. Fish and Wildlife Service v. Sierra Club

• Salinas v. United States Railroad Retirement Board

November 3, 2020

• Jones v. Mississippi

• Borden v. United States

November 4, 2020

• Fulton v. City of Philadelphia, Pennsylvania

November 9, 2020

• Niz-Chavez v. Barr

• Brownback v. King

November 10, 2020

• California v. Texas (Consolidated with Texas v. California)

Learn more→

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