Yesterday, the U.S. Court of Appeals for the Fifth Circuit, sitting en banc, upheld a provision of the Mississippi Constitution that deprives convicted felons of the right to vote against an Eighth Amendment challenge. The vote was 13-6. Judge Edith Jones wrote for the majority, joined by Chief Judge Richman and Judges Smith, Elrod, Southwick, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson. Judges Haynes and Ramirez also concurred in the judgment. Judge Dennis dissented, joined by Judges King, Stewart, Graves, Higginson, and Douglas.
Judge Jones' opinion for the en banc court in Hopkins v. Watson begins:
