As the debate on voting rights continues to evolve in the United States, Mississippi’s permanent felony voting ban is once again under judicial scrutiny. Embedded in Mississippi’s constitution since 1890, this provision bars individuals convicted of certain felonies from voting—a practice critics argue is deeply rooted in racial discrimination.
Originally implemented to disenfranchise Black voters, the ban is alleged to be in violation of the Fourteenth Amendment’s equal protection clause (which prohibits unjust differential treatment by the government), as well as the Eighth Amendment’s prohibition against cruel and unusual punishment. The Supreme Court of the United States had previously addressed the constitutionality of felony disenfranchisement in 1974, affirming that states could, in general, disqualify convicted felons from voting.
Though initially dismissed by a federal district court, an appellate court briefly found the ban to be at odds with the Eighth Amendment, referencing a shift in societal norms concerning punishment. However, this decision was overturned upon further review by the full bench of the Fifth Circuit Court of Appeals, which leaned on the Supreme Court’s earlier interpretations that allow for such disenfranchisement under the Fourteenth Amendment.
At the heart of the current legal battles is the case Hopkins v. Watson, wherein challengers are petitioning the Supreme Court to review and potentially overturn the Fifth Circuit’s decision. They argue that the term “abridged” used in the Fourteenth Amendment denotes only a temporary removal of voting rights, calling for a reconsideration of the 1974 precedent. Additionally, they maintain that permanently barring individuals from voting is inconsistent with contemporary standards for what constitutes cruel and unusual punishment under the Eighth Amendment.
The case raises significant questions about the balance of state rights and individual protections under the U.S. Constitution, potentially impacting voting rights legislation and policies beyond Mississippi.