Attorneys representing individuals affected by Mississippi's felony disenfranchisement laws have filed an appeal urging the U.S. Supreme Court to overturn the state's practice of stripping voting rights from individuals convicted of certain felonies, including nonviolent offenses like forgery and timber theft. The appeal argues that Mississippi's lifetime disenfranchisement policy is outdated and harsh, making it a national outlier as most states have moved away from such practices in recent decades.
This marks the second recent attempt and the third since the late 19th century to challenge Mississippi's disenfranchisement laws. The appeal seeks to reverse a ruling by the 5th U.S. Circuit Court of Appeals, which stated that any changes to the laws should be decided by the state's legislators, not the courts.
The appeal contends that disenfranchising individuals for certain crimes is unconstitutional, citing it as cruel and unusual punishment. Despite previous legal challenges, the Supreme Court has upheld states' rights to disenfranchise felons in the past.
According to data, nearly 50,000 people were disenfranchised in Mississippi between 1994 and 2017, with over 29,000 having completed their sentences. A significant portion of this group, approximately 58%, are Black residents. To regain voting rights, individuals must obtain a governor's pardon or secure approval from two-thirds of the state House and Senate, a process that has seen limited success in recent years.
Legal arguments suggest that the original authors of Mississippi's constitution intended to disenfranchise individuals based on crimes they believed Black people were more likely to commit. Over the years, the list of disenfranchising crimes has evolved, with some crimes being added or removed based on legislative decisions.
Despite dissenting opinions, the Supreme Court has previously declined to reconsider rulings related to Mississippi's felony disenfranchisement laws. The ongoing legal battle highlights the complex and contentious nature of voting rights and criminal justice reform in the state.
