On August 30, U.S. District Court Judge Mark L. Wolf, a Reagan appointee, ruled that the Voting Rights Act does apply to the issue of whether felons and ex-felons may vote. Thus, if it can be shown that a state’s ban on felons and ex-felons has a racially disparate result, such a ban would be unconstitutional. The case is Simmons v Galvin, 01-11040, U.S. District Court in Massachusetts. This particular case now must have a trial on whether Massachusetts’ ban on felon voting has a racially disparate effect.

The issue of whether the Voting Rights Act applies to state laws that restrict voting by felons and ex-felons has been hotly contested. The 9th circuit has ruled that it does apply; the 2nd and 11th circuits have ruled that it doesn’t. All 3 decisions provoked dissents. Thanks to Rick Hasen for this news.