Federal judges will hear arguments Tuesday to decide whether to restore voting rights to Mississippi residents convicted of certain felonies.
Under the Mississippi Constitution, people convicted of 10 specific felonies, including bribery, theft and arson, lose their right to vote. Criminal justice advocates sued the state after the list was expanded to 22 crimes, including nonviolent crimes such as timber theft and carjacking.
On Tuesday, the 19 federal appellate judges on the New Orleans-based 5th Circuit Court of Appeals, including the court's 17 full-time active judges and two senior part-time judges, announced the possibility of having their rights restored. The court is scheduled to hear certain arguments. To vote for tens of thousands of people.
In August, a three-judge panel of the Court of Appeals ruled that the ban violated the Eighth Amendment, which prohibits “cruel and unusual” punishment. However, a 17-member circuit court reversed that decision a few weeks later.
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The New Orleans-based 5th Circuit Court of Appeals hears arguments Tuesday, Jan. 23, 2024, on whether Mississippi can continue to disenfranchise people convicted of certain felonies. was scheduled to be heard. (AP Photo/Rogelio V. Solis)
Tuesday's hearing will ultimately determine whether Mississippi's ban remains in effect or whether felons should be given the right to vote.
“Mississippi is an outlier among its sister states, bucking our country's clear and consistent trend against permanent voting disenfranchisement,” Senior Judge James Dennis wrote in an August opinion. Senior Judge Dineen King also joined them in an August opinion.
Mr. Dennis was appointed to the bar by former President Clinton, and Mr. King was appointed by former President Carter.
Justice Edith Jones argued that the Supreme Court had previously ruled on disenfranchising felons and said it was up to Congress to decide such issues. (Drew Angerer/Getty Images)
The third judge on the panel was Judge Edith Jones, who was appointed to the court by Republican President Reagan. Jones opposed the August ruling, citing past Supreme Court decisions on disenfranchising felons and saying it's up to Congress to decide such issues.
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Lawyers for the state argue that the voting ban is a “nonpunitive voting regulation.” They also challenged the court's three-judge panel, saying it did not amount to punishment, and even if it did, it would not be cruel or unusual.
Under current law, people convicted of such crimes require a pardon from the governor before they can vote. Similarly, they could persuade legislators to pass individual bills just for them to vote on. He would need a two-thirds majority for such a bill.
In August, a three-judge panel of the Court of Appeals ruled that the ban violated the Eighth Amendment. The full committee reversed its decision and scheduled a public hearing for Tuesday. (St. Petersburg)
Mr. Jones, Mr. Dennis and Mr. King will join the remaining 16 full-time jurors for Tuesday's hearing.
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The Fifth Circuit is one of the most conservative circuit courts, with 12 of its full-time positions held by Republican presidential candidates.
No immediate decision is expected.
The Associated Press contributed to this report.
