On Thursday, the U.S. 5th Circuit Court of Appeals full panel ruled that Mississippi can still enforce a lifetime ban on voting for individuals with specific felony convictions, even for non-violent offenses.
In August 2023, a three-judge panel of the 5th Circuit had declared the lifetime ban unconstitutional, citing that it constituted cruel and unusual punishment. However, the opinion of the full panel has now overturned this ruling.
According to the full panel, a lifetime ban on voting is not considered a punishment but rather serves a nonpenal and regulatory purpose.
Edith Jones, who was appointed to the Court by Republican Ronald Reagan in the 1980s, wrote the majority opinion. She was backed by 12 other members of the Court who found that the section of the Mississippi Constitution that imposed a lifetime ban was not in violation of the U.S. Constitution. While two of the 12, including one Democratic appointee, Irma Ramirez, agreed with the decision, they did not sign Jones’ opinion.
James L. Dennis authored the dissenting opinion on Mississippi’s lifetime ban being unconstitutional, which was opposed by six Democratic-appointed members of the Court.
According to Dennis, voting is essential to the survival of democracy. He believes that when citizens are denied the right to vote, they are stripped of their ability to participate in the decision-making process of their government. The permanent loss of voting rights is an incredibly harsh punishment that undermines the very foundation of American citizenship, which is based on democratic principles.
According to the majority, the intention of the framers of the Constitution when they prohibited cruel and unusual punishment was to prevent the enactment of laws that would allow for punishments such as hanging, burning at the stake, disemboweling, beheading, and quartering.
In his statement, Jones emphasized the importance of convincing fellow citizens about the need to revoke Mississippi’s lifetime voting ban for individuals convicted of specific felonies. He stressed that it would require significant effort to bring about the desired change.
According to her statement, the repeal of the lifetime ban should be carried out by the Legislature rather than through judicial action.
In previous cases, the U.S. Supreme Court has upheld the constitutionality of a lifetime voting ban for individuals convicted of particular felonies. However, a small group within the 5th Circuit has highlighted the fact that the Supreme Court has reversed its stance on certain punishments in the past. For instance, after states began to prohibit the execution of minors, the Supreme Court deemed it to be cruel and unusual punishment.
According to Dennis, when the Supreme Court deemed a lifetime voting ban constitutional, 27 states enforced it. However, he observed that the current count shows that only 39 states do not enforce such a punishment. In his minority opinion, Dennis noted that Mississippi is among the two states that still impose a lifetime voting ban for individuals who are convicted for the first time of non-violent felonies.
The possibility of an appeal to the U.S. Supreme Court is high regarding the 5th Circuit ruling.
Mississippians who have lost their voting rights are being represented by the Southern Poverty Law Center, Simpson Thacher & Bartlett LLP, and other legal entities in a lawsuit against the state. However, the lawsuit is being opposed by the office of Attorney General Lynn Fitch on behalf of Mississippi.
According to the framers, the lifetime ban was specifically included in the Mississippi Constitution as a means to prevent Black people from voting. The crimes listed in the Constitution that warranted the ban included bribery, theft, arson, obtaining goods or money through false pretenses, perjury, forgery, embezzlement, bigamy, and burglary.
According to the original language of the constitution, an individual could lose their right to vote after being convicted of cattle rustling. However, those who were convicted of murder or rape could still vote, even if they were incarcerated. Since then, murder and rape have also been included as disenfranchising offenses.
In a previous lawsuit, the lifetime ban on voting was contested, with the claim that it was implemented to prevent Black Mississippians from voting. The 5th Circuit dismissed this argument, and the Supreme Court declined to review the case.
