August 6th 2023.
A Louisiana federal appeals court recently ruled that Mississippi must end its practice of stripping the right to vote from ex-convicts after they have completed their sentences. The court described this as a cruel and unusual punishment, disproportionately affecting Black people and violating the 8th Amendment. The Mississippi state constitution required a lifetime removal of the right to vote for those convicted of certain crimes, such as rape and murder.
U.S. Circuit Judge James Dennis, a Democrat, found that Mississippi’s law was adopted post-Civil War to ensure that the system of white supremacy kept rolling along. He also found that even though the list of crimes had been revised over the years, it still achieved its intended aim: race-based disenfranchisement. 58% of nearly 29,000 ex-offenders whose voting rights were revoked from 1994-2017 were Black.
Johnathan Youngwood, a lawyer for the plaintiffs in the class action suit, told NBC News “This is a major victory for Mississippians who have completed their sentences and deserve to participate fully in our political process.” 35 states plus the District of Colombia have laws that disavow the practice of permanent disenfranchisement for committing crimes.
However, Republican U.S. Circuit Judge Edith Jones, a Reagan appointee, said that a decision by the 1974 Supreme Court established that removing the right to vote from prisoners was not a violation of the equal protection clause in the 4th Amendment. A spokesperson for the Republican Attorney General Lynn Finch said that she would look to appeal the decision of the court because of that ruling.
Despite the potential of an appeal, the ruling is a win for many Mississippians who are all too familiar with the state’s history of racism and disenfranchisement. It is a small step towards rectifying the past, and a step in the right direction for all those who have completed their sentences and deserve to participate in their political process.
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