Fifth Circuit, on Rehearing, Says Mississippi’s Ban on Ex-Felon Voting Doesn’t Violate the Eighth Amendment

On July 18, an en banc decision of the Fifth Circuit said Mississippi’s ban on ex-felon voting does not violate the Eighth Amendment. The original panel in this same case had ruled that the ban does violate the Eigth Amendment, which bans cruel and unusual punishment. Hopkins v Watsoon, 19-60662. Here is the decision. The vote was 13-6.


Comments

Fifth Circuit, on Rehearing, Says Mississippi’s Ban on Ex-Felon Voting Doesn’t Violate the Eighth Amendment — 11 Comments

  1. A lifetime sentencing is cruel and unusual and de facto slavery.

    Very fine people in the Fifth have returned the people to indentured servitude.

  2. I don’t know about cruel and unusual punishment. But certainly isn’t the whole point of having served your sentence that the sentence has been served… If we don’t consider people previously convicted of a felony to be fit to re-enter society yet, then why are we allowing them to re-enter society? And if we do, then what excuse is there to try and withhold their civil rights?

    As a libertarian, I think current felons should be allowed to vote regardless of their conviction and while serving their sentences, since many people are falsely and unjustly convicted by a system which they should be allowed to vote against. If you were convicted on drug charges, then you should still be allowed to vote for the legalization of drugs. If you were convicted for “storming the capitol in support of Trump”, then you should be allowed to vote for Trump – though you would be a fool too after the way he betrayed you.

  3. People aren’t robots and make mistakes. When they violate a society’s laws they serve a sentence to repay it or usually a fine or loss of life and loss of liberties. When they serve their time they should have all liberties restored without any discrimination.

  4. FATAL LOOPHOLE IN 14-2 AMDT >>> NO VOTES FOR CONVICTS

    HOW MANY CONVICTS VIA FALSE EVIDENCE — ESP PLANTED BY RACIST COPS ???

  5. “This tradition can be summed up in Lockean terms: if a person breaks the laws, he has forfeited the right to participate in making them.”
    When taken to the absolute, that’s disgusting. I don’t support that view. Actually, I wonder if a judge has a conflict of interest in making that determination, and whether a jury of peers would be necessary.

    @Nuña
    Exactly. Also, gradual re-introduction is possible. I read that some states still deny the right to vote while on parole. But parole does not last forever.

  6. HOW MANY CONVICTS IN MANY STATES LIKE WSJ REPORTER TODAY IN RUSSIA ???

    16 YEARS IN RUSSIA GULAG VIA SECRET TRIAL —

    PAWN IN FUTURE USA-RUSSIA PRISONER EXCHANGE

  7. Didn’t the court determine that it was a policy decision. Does Thomas Jones actually believe in TOTSOP?

  8. The idea that anyone hasn’t broken the laws – especially the lawmakers – is unrealistic. I’ve read that the average person commits three felonies a day. Even if that’s not true, there’s no way to even know how many felonies you have personally committed, given that the laws occupy multiple bookshelves, are constantly revised, aren’t written in normal terms which the average person understands, and which even trained professionals spend time in court arguing over the meaning of all the time.

    Nothing positive comes from denying prisoners the right to vote. There is no murderer party that might win elections and make murder legal. It’s exactly the opposite – civic participation better prepares prisoners to reenter society, which most will do sooner or later.

    The alternative is one less avenue to escape from the criminal gang, drug and violence culture which thrives in jails and prisons and most future and past inmates.

    How could dehumanization in petty and unnecessary ways help anyone ever make a positive change in their lives? It’s the opposite – it makes something which is already very hard even harder.

  9. “This tradition can be summed up in Lockean terms: if a person breaks the laws, he has forfeited the right to participate in making them.”

    If that is true, then it also relinquishes him from having to pay taxes and exempts him from the draft. And just like that, suddenly you have made felony convictions very attractive.

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