U.S. Court Upholds Mississippi's Lifetime Voting Ban for Felons

A U.S. appeals court upheld Mississippi's lifetime voting ban for certain felonies, rejecting a challenge based on the Eighth Amendment. The decision overturned a previous panel ruling and emphasized legislative change over judicial intervention. The ruling continues to disproportionately affect Black citizens.

A U.S. appeals court on Thursday upheld Mississippi's lifetime ban on voting for people convicted of certain felonies, determining that the policy was not a cruel and unusual punishment.

The New Orleans-based 5th U.S. Circuit of Appeals, in a 13-6 vote, backed the provision in the Mississippi state constitution dating from the Jim Crow era. This provision disenfranchises people convicted of specific crimes, including murder, rape, and theft. A previously Democratic-appointed, 2-1 panel had sided with former convicts who sued to regain their voting rights, asserting the ban violated the U.S. Constitution's Eighth Amendment. However, the conservative-leaning court’s full bench reconsidered the matter, resulting in Thursday's ruling, where nearly all judges in the majority were Republican appointees. U.S. Circuit Judge Edith Jones, writing for the majority, referenced a 1974 U.S. Supreme Court decision that states could enforce laws disenfranchising felons.

If plaintiffs aim to overturn Mississippi's voting ban, Jones noted that they should pursue legislative change rather than judicial intervention. Jonathan Youngwood, a lawyer for the plaintiffs, expressed that they are exploring further steps, stating, 'We remain confident in this case, and our clients remain committed to ensuring that their right to vote is restored.'

In a dissenting opinion, U.S. Circuit Judge James Dennis and five fellow Democratic appointees emphasized that Mississippi is among a minority of 11 states permanently disenfranchising felons for non-election-related offenses. Dennis highlighted that denying voting rights to released offenders removes their dignity as citizens and segregates them from their community. He argued that the 1890 provision was intended to punish and discriminate against Black citizens. Although the list of disqualifying crimes has been amended twice, the provision disproportionately affects Black individuals according to court records.