A U.S. appeals court upheld Mississippi’s lifetime voting ban for people convicted of certain felonies, ruling that the policy does not constitute cruel and unusual punishment.
On Thursday, the 5th U.S. Circuit Court of Appeals, based in New Orleans, voted 13-6 to maintain a provision of the Mississippi state constitution backed by Republicans, which disenfranchises individuals convicted of specific crimes, including murder, rape, and theft. This provision dates back to the Jim Crow era.
In August, a 2-1 panel of judges appointed by Democratic presidents had sided with former convicts seeking to restore their voting rights, arguing that the ban violated the Eighth Amendment’s prohibition against cruel and unusual punishment. However, the full 5th Circuit later reconsidered the case, with a ruling that saw all but one of the majority judges appointed by Republican presidents.
U.S. Circuit Judge Edith Jones, writing for the majority, noted that the U.S. Supreme Court had previously ruled in 1974 that states could enact laws disenfranchising felons. Jones argued that any changes to Mississippi’s ban should be pursued through legislative processes rather than judicial action.
Jonathan Youngwood, representing the plaintiffs, stated that they are considering their next steps. “We remain confident in this case, and our clients remain committed to ensuring that their right to vote is restored,” he said.
In a dissenting opinion, U.S. Circuit Judge James Dennis, joined by five fellow Democratic appointees, noted that Mississippi is one of 11 states that still permanently disenfranchises felons for non-election-related offenses. Dennis argued that the ban undermines the dignity of released offenders and isolates them from their communities.
He also pointed out that Section 241 of the Mississippi Constitution, which was intended to be punitive, was part of an effort to discriminate against Black people following the Civil War. Despite amendments to the provision’s list of disqualifying crimes, it continues to disproportionately impact Black individuals.
