The full Fifth Circuit Court of Appeals, which covers Mississippi, Louisiana, and Texas and has become infamous for its
fiercely right-wing opinions, upheld a state law dating back to 1890 that permanently prevents Mississippians from voting if they have been convicted of a list of
22 criminal categories, encompassing about 100 specific crimes, that include timber larceny, bigamy, and writing a bad check. The opinion overturns the ruling of a three-judge panel on the Fifth Circuit from August 2023 which invalidated Mississippi’s law, saying that it violated the 8th Amendment’s prohibition on
cruel and unusual punishment.
Writing for the 13-member majority, Judge Edith Jones, an appointee of Ronald Reagan, said that the earlier court decision “would thwart the ability of the State’s legislature and citizens to determine their voting qualifications, and would require federal courts overtly to make legislative choices that, in our federal system, belong at the State level.” (All but one of the judges that signed on to the opinion were appointed by Republican presidents.)