Mississippi's Felon Voting Rights Ban Under Scrutiny by Federal Appeals Court

The 5th U.S. Circuit Court of Appeals, one of the nation's most conservative, is hearing arguments on whether the state's ban violates the Constitution's prohibition against 'cruel and unusual' punishment.

• 19 federal appellate judges on the New Orleans-based 5th U.S. Circuit Court of Appeals are hearing arguments on whether Mississippi can permanently strip voting rights from people convicted of certain felonies.
• In August, a three-judge panel of the appeals court ruled that the ban violates the U.S. Constitution's Eighth Amendment prohibiting 'cruel and unusual' punishment, but the full 17-member circuit court vacated that ruling weeks later.
• Under the Mississippi Constitution, people convicted of 10 specific felonies lose the right to vote, a list that was expanded to 22 crimes under a previous state attorney general.
• To have their voting rights restored, people convicted of these crimes must get a pardon from the governor or persuade lawmakers to pass individual bills just for them with two-thirds approval.
• The 5th Circuit is one of the most conservative circuit appeals courts, with 12 of its full-time posts filled by nominees of Republican presidents.

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