Mississippi is violating the U.S. Constitution's ban on cruel and unusual punishment by permanently stripping voting rights from people convicted of some felonies, a federal appeals court panel ruled in a split decision Friday.
Two judges on the 5th U.S. Circuit Court of Appeals panel ordered the Mississippi secretary of state to stop enforcing a provision in the state constitution that disenfranchises people convicted of specific crimes, including murder, forgery and bigamy.
If the ruling stands, thousands of people could regain voting rights, possibly in time for the Nov. 7 general election for governor and other statewide offices.
Mississippi Republican Attorney General Lynn Fitch expects to ask the full appeals court to reconsider the panel's 2-1 ruling, her spokesperson, Debbee Hancock, said Friday.
The 5th Circuit is one of the most conservative appeals courts in the U.S., and in 2022 it declined to overturn Mississippi's felony disenfranchisement provisions — a ruling that came in a separate lawsuit. In June, the U.S. Supreme Court said it would not consider that case, allowing the 2022 appeals court ruling to stand.
The two lawsuits use different arguments.
The suit that the Supreme Court declined to hear was based on arguments about equal protection. Plaintiffs said that the Jim Crow-era authors of the Mississippi Constitution stripped voting rights for crimes they thought Black people were more likely to commit, including forgery, larceny and bigamy.
The lawsuit that the appeals court panel ruled on Friday is based on arguments that Mississippi is imposing cruel and unusual punishment with a lifetime ban on voting after some felony convictions.
"Mississippi stands as an outlier among its sister states, bucking a clear and consistent trend in our Nation against permanent disenfranchisement," wrote Judges Carolyn Dineen King and James L. Dennis.
Under the Mississippi Constitution, people convicted of 10 specific felonies — including murder, forgery and bigamy — lose the right to vote. The state's attorney general expanded the list to 22 crimes, including timber larceny and carjacking.
Hope you or your family don't get falsely accused or convicted of any of those felonies then. Seriously, some people don't understand, once you strip rights from one group of people, it's only a matter of time until either they or their families either fall into that group, or the group gets expanded so large that they will inevitably be included in it. If you don't think you'll end up in that group, you're either incredibly conceited, or you probably deserve to be in jail in the first place. Seriously why would people who benefit from disenfranchisement ever want to stop?
oh, we've got a felon in the family. useless bastard, he's been in and out of prison his entire miserable life - hence my opinion. thank God he's not allowed to vote, with the piss poor choices he makes. honestly, that whole side of the family is fucked.
so, you admit that you’re speaking from a heavy personal bias, not from a place of reason. and, just because you clearly have strong feelings a negative judgement towards this family member, you believe all felons should be treated this way.
and that’s precisely why you shouldn’t be making these decisions for others. in a court of law, a judge would recuse themselves for having such a bias, jurors would be dismissed, and it would be grounds for appeal for a defendant because the law recognizes that such a judgement is fundamentally unfair. so should you.
lol and you're claiming you have no bias?
roflmao, literally. wow fucking lol.
where did I say that? I’m just not using it to justify ruining the lives of strangers,