Dennis Hopkins, et al. v. Michael Watson, Mississippi Secretary of State
DueProcess Punishment JusticiabilityDoctri
Does Mississippi's lifetime felony disenfranchisement scheme violate the Eighth Amendment's prohibition on cruel and unusual punishments?
question presented is: Does Section 241’s lifetime disenfranchisement of individuals who have completed their sentences for past felony convictions violate the Eighth Amendment’s prohibition on “cruel and unusual punishments”? 2. In Richardson v. Ramirez, this Court held that lifetime felony disenfranchisement laws are exempt from strict scrutiny review under the Equal Protection Clause because Section 2 of the Fourteenth Amendment provides an “affirmative sanction” for such laws. 418 U.S. 24, 54 (1974). Section 2 provides that a State’s representatives in Congress are reduced when the right to vote “is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime.” Under the last antecedent rule, the phrase “except for participation in rebellion, or other crime” in Section 2 u modifies only the phrase “or in any way abridged”—which refers to a temporary restriction on the right to vote—and does not reach the phrase “is denied.” This issue was not presented to the Richardson Court, nor considered by it. The second question presented is: Does Section 2’s “affirmative sanction” for and safe harbor from strict scrutiny review apply only to laws that temporarily abridge the right to vote based on “participation in rebellion, or other crime”, and not to laws like Section 241 that permanently deny the right to vote to individuals who have completed their sentences for past felony convictions?