Mississippi is violating the U.S. Constitution’s ban on cruel and unusual punishment by permanently stripping voting rights from people convicted of some felonies, a federal appeals court panel ruled in a split decision Friday.

Two judges on the 5th U.S. Circuit Court of Appeals panel ordered the Mississippi secretary of state to stop enforcing a provision in the state constitution that disenfranchises people convicted of specific crimes, including murder, forgery and bigamy.

If the ruling stands, thousands of people could regain voting rights, possibly in time for the Nov. 7 general election for governor and other statewide offices.

Mississippi Republican Attorney General Lynn Fitch expects to ask the full appeals court to reconsider the panel’s 2-1 ruling, her spokesperson, Debbee Hancock, said Friday.

The 5th Circuit is one of the most conservative appeals courts in the U.S., and in 2022 it declined to overturn Mississippi’s felony disenfranchisement provisions — a ruling that came in a separate lawsuit. In June, the U.S. Supreme Court said it would not consider that case, allowing the 2022 appeals court ruling to stand.

The two lawsuits use different arguments.

The suit that the Supreme Court declined to hear was based on arguments about equal protection. Plaintiffs said that the Jim Crow-era authors of the Mississippi Constitution stripped voting rights for crimes they thought Black people were more likely to commit, including forgery, larceny and bigamy.

The lawsuit that the appeals court panel ruled on Friday is based on arguments that Mississippi is imposing cruel and unusual punishment with a lifetime ban on voting after some felony convictions.

“Mississippi stands as an outlier among its sister states, bucking a clear and consistent trend in our Nation against permanent disenfranchisement,” wrote Judges Carolyn Dineen King and James L. Dennis.

Under the Mississippi Constitution, people convicted of 10 specific felonies — including murder, forgery and bigamy — lose the right to vote. The state’s attorney general expanded the list to 22 crimes, including timber larceny and carjacking.

  • BrooklynMan
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    1 year ago

    it’s not a matter of what you or I want; it’s a matter of justice, of what’s fair and what’s right.

    murder? yeah you lost your rights to vote, deal with it.

    and why should they? they’ve paid their debt to society.

    • @tallwookie
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      -111 year ago

      nope - if you take someone else’s life then you’re punished for the rest of yours. it’s called Justice.

      • BrooklynMan
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        1 year ago

        not according to the law. it’s uncommon for those convicted of murder to get life sentences. a life sentence is only available in almost all states for First degree and Second degree murder cases when aggravating circumstances were involved and when a plea-bargain wasn’t reached (rare), and most muted cases, themselves aren’t first-degree murder anyway.

        most people convicted of murder serve between 20-40 years.

        it’s called Justice.

        no, that’s vengeance, and that is not justice.

        • @tallwookie
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          -31 year ago

          that’s just your interpretation. I follow an older law - an Eye for an Eye.

          • BrooklynMan
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            1 year ago

            It’s not an “interpretation”, it’s the definition of the word:

            vengeance

            noun

            1. Infliction of punishment in return for a wrong committed; retribution.
            2. Punishment inflicted in return for an injury or an offense.

            Eye for an Eye

            That’s against the law in the United States (and pretty much everywhere else) and will land YOU in prison.

            For all your posturing, you don’t actually care about the law at all. You just want to hurt people that you don’t like.