In a recent ruling, the Supreme Court has chosen to uphold Mississippi’s antiquated policy that strips voting rights from individuals who have been convicted of specific felonies, even when those crimes are nonviolent in nature, such as forgery or theft of timber.
The Court declined to hear an appeal from residents of Mississippi who have completed their sentences but are still unable to reclaim their voting rights. This decision effectively affirms a prior judgment from the 5th U.S. Circuit Court of Appeals. This earlier ruling dismissed claims that the permanent loss of voting rights constituted cruel and unusual punishment, which would violate constitutional protections. The 5th Circuit emphasized that it is ultimately the responsibility of Mississippi’s lawmakers, not the judiciary, to amend these laws.
Legal representatives presented alternative arguments in an attempt to encourage the Supreme Court to consider the issue of felon disenfranchisement earlier this year. However, their efforts were met with dissent from Justices Ketanji Brown Jackson and Sonia Sotomayor. Justice Jackson remarked that the list of disqualifying offenses was historically instituted for discriminatory reasons.
Despite the absence of notable dissent from the justices regarding the latest order, the implications are significant. Many residents affected by this ruling face lifelong disenfranchisement because the state offers limited pathways to restoring their voting rights. Advocates for reform in the case argued that Mississippi stands apart from other states and that its restrictions stem from a legacy of segregational practices.
Historically, the architects of Mississippi’s 1890 constitution created criteria for disenfranchisement based on their belief that certain crimes were more frequently committed by Black individuals. In response, state authorities maintained that previous Supreme Court rulings allowed states to impose such voting restrictions on felons.
Currently, Black residents make up approximately 38% of Mississippi’s population. Between 1994 and 2017, nearly 50,000 individuals lost their voting rights due to this felony voting prohibition, with over 29,000 having fulfilled their sentences. Analysis shows that around 58% of these individuals are Black.
To regain voting rights, a citizen convicted of one of the disenfranchising crimes must either secure a pardon from the governor or acquire the agreement of two-thirds of both the state House and Senate. Historically, the restoration of voting rights has been rare, with legislators in recent years reinstating rights for only a small number of individuals.
