Appeals court rejects Mississippi’s Jim Crow-era voting restrictions for felons.
The 5th U.S. Circuit Court of Appeals Strikes Down Jim Crow-Era Voting Restriction
The 5th U.S. Circuit Court of Appeals made a landmark ruling on Friday, striking down a discriminatory voting restriction law that dates back to the Jim Crow era. This law, known as Section 241 of the state’s constitution, was originally created in 1890 with racist intent. It specifically targeted felons, denying them the right to vote.
Judges voted 2-1 against Section 241, recognizing its unjust nature and its roots in racial discrimination.
A History of Discrimination
Section 241 listed various offenses that would result in the loss of voting rights, including murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, and bigamy. However, this ruling sheds light on the fact that this law disproportionately affected the Black community.
Judge Jame Dennis presented data showing that between 1994 and 2017, 58% of the 29,000 Mississippians convicted of disqualifying offenses who had completed their sentences were Black.
While an amendment in 1968 attempted to remove any discriminatory elements from the law, it was clear that the intent behind Section 241 remained rooted in racism. Another amendment in 1950 removed “burglary” from the list of offenses, further highlighting the arbitrary nature of the law.
A Fight for Justice
Roy Harness and Kamal Karriem, two Black men convicted of forgery and embezzlement, were directly impacted by this unjust law. In 2018, they filed a lawsuit arguing that Section 241 violated the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishments.
“This is a major victory for Mississippians who have completed their sentences and deserve to participate fully in our political process,” stated Jonathan Youngwood, the lawyer representing Harness and Karriem.
However, the battle is not over yet. Republican state Attorney General Lynn Fitch plans to appeal the court’s decision, prolonging the fight for justice.
A Wider Issue
Mississippi is not alone in implementing lifelong voting bans for convicted felons. Eight other states, including Alabama, Arizona, Delaware, Florida, Iowa, Kentucky, Tennessee, and Wyoming, have similar restrictions. Maryland and Missouri also have bans specifically targeting those convicted of election crimes.
On the other hand, 35 states have chosen not to impose such bans. Washington D.C., Maine, and Vermont even allow felons to vote from prison before completing their sentences.
As the fight for equal voting rights continues, this ruling serves as a significant step towards dismantling discriminatory laws and ensuring that all citizens have the opportunity to participate fully in our democracy.
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