Federal court deems felony voting ban ‘cruel and unusual punishment’ in landmark ruling.
Federal Appeals Court Strikes Down Mississippi’s Permanent Voting Ban for Felons
A federal appeals court has made a groundbreaking ruling against Mississippi’s permanent voting ban for certain felons, going against Supreme Court precedent. The Fifth Circuit Court of Appeals declared that the Mississippi Constitution’s lifetime voting ban for felons convicted of certain crimes violates the Eighth Amendment of the U.S. Constitution.
The Mississippi Constitution currently revokes an individual’s right to vote permanently if they are convicted of crimes such as arson, bigamy, bribery, embezzlement, forgery, murder, perjury, rape, or theft. Additionally, the Mississippi attorney general has the authority to determine if other crimes fall under these categories, including armed robbery and timber larceny.
The case, known as Hopkins v. Hosemann, was initiated by the Southern Poverty Law Center (SPLC) and the law firm Simpson Thatcher & Bartlett in 2018. The court’s ruling was delivered by Judge James Dennis, who argued that Mississippi’s lifetime ban on certain felons goes against the progress made by other states that have abandoned permanent felon voting bans over the years.
“Mississippi’s permanent ban serves no legitimate penological purpose and thwarts proper rehabilitation,”
stated Judge Dennis. He further emphasized that the ban “severs former offenders from the body politic forever,” preventing their full reintegration into society and serving as a “cruel and unusual punishment.”
However, Judge Edith Jones dissented, arguing that the majority ruling contradicted the Constitution and reflected judicial activism. She cited Section Two of the Fourteenth Amendment, which allows states to deprive citizens of the right to vote for participation in rebellion or other crimes. Jones contended that this provision expressly permits lifetime voting bans for felons.
“If a person breaks a law, he has forfeited the right to participate in making them,”
stated Judge Jones, highlighting the long-standing tradition of voting bans for felons.
Jones also referenced the Supreme Court precedent set in the 1974 case Richardson v. Ramirez, which determined that felon voting bans do not violate the Equal Protection Clause. The court ruled that the question of handling voting rights for felons should be addressed through the legislative process rather than judicial intervention.
“Go and convince the state legislatures. Do the hard work of persuading your fellow citizens that the law should change,”
urged Judge Jones. She criticized the court for bypassing the legislative process and changing the law through the Due Process Clause instead of the Equal Protection Clause.
The ruling came in response to a lawsuit filed by five felons seeking the right to vote: Dennis Hopkins, Herman Parker, Walter Wayne Kuhn Jr, Bryon Demond Coleman, Jon O’Neal, and Earnest Willhite. Each of them had completed their sentences for crimes such as grand larceny, receiving stolen property, and second-degree arson.
While Mississippi does offer a slim chance for voting rights restoration through a “suffrage bill” passed by the legislature, this ruling marks a significant step towards challenging the state’s permanent voting ban for felons.
In response to the ruling, Mississippi has requested an en banc rehearing, which would involve all justices of the Fifth Circuit Court of Appeals.
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