MS Today: “A three-judge panel of the United States 5th Circuit Court of Appeals has struck down Mississippi’s lifetime ban on voting for people convicted of certain felonies, saying it is unconstitutional because it inflicts cruel and unusual punishment.
In a 2-1 ruling released Friday, the panel sent the case back to U.S. District Judge Daniel Jordan III in the Southern District of Mississippi with instructions to find the state’s lifetime ban on voting to be unconstitutional.
The majority said, “By severing former offenders from the body politic forever, Section 241 (the lifetime ban provision of the state Constitution) ensures that they will never be fully rehabilitated, continues to punish them beyond the terms their culpability requires and serves no protective function to society. It is thus a cruel and unusual punishment.”
The Court of Appeals decision comes on the heels of the United States Supreme Court refusing in June to hear another case seeking to find Mississippi’s lifetime felony voting ban unconstitutional. That case sought to have the felony voting ban declared unconstitutional because it was originally adopted as part of the 1890 Constitution in an attempt to prevent Black Mississippians from voting.”