First Circuit Rules 2-1 that Voting Rights Act Doesn't Apply to Felon Disenfranchisement

On July 31, the First Circuit ruled 2-1 that nothing in the federal Voting Rights Act prevents Massachusetts from ending the ability of felons to vote absentee while in prison. Massachusetts had made that change in 2000. The case is Simmons v Galvin, 08-1569.

Section 2 of the Voting Rights Act says “No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State…in a manner which results in a denial or abridgement of the right…to vote on account of race or color.”

Plaintiffs wanted to present evidence that Massachusetts’ felon disenfranchisement law has a disproportionally adverse effect on African-Americans and Hispanic Americans, who are overrepresented in the incarcerated felon population. The two-judge majority, composed of Judges Sandra Lynch and Michael Boudin, determined that Congress never expected that Section 2 of the Voting Rights Act could be used for that purpose. The dissenting judge, Juan Torruella, said that Section 2’s language is clear and unambiguous, and therefore speculations about what Congress intended are irrelevant. He also would have held that the 2000 law change is an Ex Post Facto punishment, as applied to felons who had committed their crimes before the year 2000. The majority rejected the Ex Post Facto argument by concluding that felon disenfranchisement is not punishment. Thanks to ElectionLawBlog for this news. Here is a link to the decision. The majority opinion is 46 pages and the dissent is 58 pages.


Comments

First Circuit Rules 2-1 that Voting Rights Act Doesn't Apply to Felon Disenfranchisement — 2 Comments

  1. The New Age brain dead MORON judges can NOT detect 14th Amdt, Sec. 2 and 15th Amdt, Sec. 1 — especially the EVIL liberal New Age activist types of party hack MORON judges.

    Sorry — the VRA can NOT go beyond 15th Amdt, Sec. 1 — regardless of every MORON judge on Mother Earth — who love to subvert written constitutions by having ARBITRARY governments doing whatever.

    The MORON judges can also NOT detect the definition of U.S.A. Rep. Elector in Art. I, Sec. 2 and U.S.A. Senator Elector in the 17th Amdt.

    Heaven help the U.S.A. and protect it against MORON party hack judges.

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