Mississippi Today
5th Circuit panel strikes down Mississippi’s lifetime felony voting ban
A three-judge panel of the United States 5th Circuit Court of Appeals has struck down Mississippi’s lifetime ban on voting for people convicted of certain felonies, saying it is unconstitutional because it inflicts cruel and unusual punishment.
In a 2-1 ruling released Friday, the panel sent the case back to U.S. District Judge Daniel Jordan III in the Southern District of Mississippi with instructions to find the state’s lifetime ban on voting to be unconstitutional.
The majority said, “By severing former offenders from the body politic forever, Section 241 (the lifetime ban provision of the state Constitution) ensures that they will never be fully rehabilitated, continues to punish them beyond the terms their culpability requires and serves no protective function to society. It is thus a cruel and unusual punishment.”
The Court of Appeals decision comes on the heels of the United States Supreme Court refusing in June to hear another case seeking to find Mississippi’s lifetime felony voting ban unconstitutional. That case sought to have the felony voting ban declared unconstitutional because it was originally adopted as part of the 1890 Constitution in an attempt to prevent Black Mississippians from voting.
The lawsuit that was addressed by the three-judge panel was filed by the Southern Poverty Law Center, the Mississippi Center for Justice and others on behalf of Mississippians who have lost their voting rights. The office of Attorney General Lynn Fitch opposed the lawsuit on behalf of the state.
It is possible the state may appeal the decision of the three-judge panel to the entire 5th Circuit.
“We are overjoyed with the ruling obviously and with the prospects of tens of thousand Mississippians regaining the right to vote,’ said Brad Heard, head of voting rights with the Southern Poverty Law Center. “We absolutely agree with the court that permanent disenfranchisement is cruel and unusual punishment under the 8th Amendment of the U.S. Constitution.”
The opinion overturning the lifetime voting ban was written by Circuit Judge James Dennis and joined by Carolyn Dineen King, both of whom have senior status on the 5th Circuit. Judge Edith Jones dissented.
She argued that the U.S. Supreme Court in a 1974 decision already had ruled that such lifetime bans were allowed. The 1974 ruling said a lifetime ban did not violate equal protection clauses of the United States Constitution or in other words was not unconstitutional because it allowed a certain group of people to be treated differently.
But the Supreme Court did not rule on whether it was cruel and unusual punishment.
“The consequences of committing a felony rarely ends at the prison walls…,” Jones wrote. “Completing a prison sentence does not entitle felons to all the rights they previously possessed.”
The two judges pointed out that when the Supreme Court made its 1974 ruling that many more states imposed lifetime bans on voting. But now Mississippi is among a small minority of states to do so.
The 5th Circuit majority wrote, “In so excluding former offenders from a basic aspect of democratic life, often long after their sentences have been served, Mississippi inflicts a disproportionate punishment that has been rejected by a majority of the states and, in the independent judgment of this court informed by our precedents, is at odds with society’s evolving standards of decency.”
The framers at the time admitted they placed the lifetime ban in the Mississippi Constitution as a tool to keep African Americans from voting. Those crimes placed in the constitution where conviction costs a person the right to vote are bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, bigamy and burglary.
Under the original language of the constitution, a person could be convicted of cattle rustling and lose the right to vote, but those convicted of murder or rape would still be able to vote — even while incarcerated. Murder and rape now also are exclusionary.
In the 5th Circuit ruling, the majority pointed out that the Constitution granted the Legislature the authority to restore voting rights, presumably, to ensure that white Mississippians were not permanently banned from voting. In modern times, the Legislature usually restores voting rights to a handful (usually no more than five people) each session.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
On this day in 1956
Dec. 25, 1956
Fred Shuttlesworth somehow survived the KKK bombing that took out his home next to the Bethel Baptist Church in Birmingham, Alabama.
An arriving policeman advised him to leave town fast. In the “Eyes on the Prize” documentary, Shuttlesworth quoted himself as replying, “Officer, you’re not me. You go back and tell your Klan brethren if God could keep me through this, then I’m here for the duration.’”
Shuttlesworth and Bethel saw what happened as proof that they would be protected as they pursued their fight against racial injustice. The next day, he boarded a bus with other civil rights activists to challenge segregation laws that persisted, despite a U.S. Supreme Court decision that ordered the city of Montgomery, Alabama, to desegregate its bus service.
Months after this, an angry mob of Klansmen met Shuttlesworth after he tried to enroll his daughters into the all-white school in Birmingham. They beat him with fists, chains and brass knuckles. His wife, Ruby, was stabbed in the hip, trying to get her daughters back in the car. His daughter, Ruby Fredericka, had her ankle broken. When the examining physician was amazed the pastor failed to suffer worse injuries, Shuttlesworth said, “Well, doctor, the Lord knew I lived in a hard town, so he gave me a hard head.”
Despite continued violence against him and Bethel, he persisted. He helped Martin Luther King Jr. found the Southern Christian Leadership Conference and was instrumental in the 1963 Birmingham Campaign that led to the desegregation of downtown Birmingham.
A statue of Shuttlesworth can be seen outside the Birmingham Civil Rights Institute, and Birmingham’s airport bears his name. The Bethel church, which was bombed three times, is now a historic landmark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1865
Dec. 24, 1865
Months after the fall of the Confederacy and the end of slavery, a half dozen veterans of the Confederate Army formed a private social club in Pulaski, Tennessee, called the Ku Klux Klan. The KKK soon became a terrorist organization, brutalizing and killing Black Americans, immigrants, sympathetic whites and others.
While the first wave of the KKK operated in the South through the 1870s, the second wave spread throughout the U.S., adding Catholics, Jews and others to their enemies’ list. Membership rose to 4 million or so.
The KKK returned again in the 1950s and 1960s, this time in opposition to the civil rights movement. Despite the history of violence by this organization, the federal government has yet to declare the KKK a terrorist organization.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
An old drug charge sent her to prison despite a life transformation. Now Georgia Sloan is home
CANTON – Georgia Sloan is home, back from a potentially life-derailing stint in prison that she was determined to instead make meaningful.
She hadn’t used drugs in three years and she had a life waiting for her outside the Mississippi Correctional Institute for Women in Pearl: a daughter she was trying to reunite with, a sick mother and a career where she found purpose.
During 10 months of incarceration, Sloan, who spent over half of her life using drugs, took classes, read her Bible and helped other women. Her drug possession charge was parole eligible, and the Parole Board approved her for early release.
At the end of October, she left the prison and returned to Madison County. The next day she was back at work at Musee, a Canton-based bath products company that employs formerly incarcerated women like Sloan and others in the community facing difficulties. She first started working at the company in 2021.
“This side of life is so beautiful. I would literally hold on to my promise every single minute of the day while I was in (prison),” Sloan told Mississippi Today in December.
Next year, she is moving into a home in central Mississippi, closer to work and her new support system. Sloan plans to bring her daughter and mother to live with her. Sloan is hopeful of regaining custody of her child, who has been cared for by her aunt on a temporary basis.
“This is my area now,” she said. “This has become my family, my life. This is where I want my child to grow up. This is where I want to make my life because this is my life.”
Additionally, Sloan is taking other steps to readjust to life after prison: getting her driver’s license for the first time in over a decade, checking in monthly with her parole officer and paying court-ordered fines and restitution.
In December 2023, Sloan went to court in Columbus for an old drug possession charge from when she was still using drugs.
Sloan thought the judge would see how much she had turned her life around through Crossroads Ministries, a nonprofit women’s reentry center she entered in 2021, and Musee. Her boss Leisha Pickering who drove her to court and spoke as a witness on Sloan’s behalf, thought the judge would order house arrest or time served.
Instead, Circuit Judge James Kitchens sentenced her to eight years with four years suspended and probation.
He seemed doubtful about her transformation, saying she didn’t have a “contrite heart.” By choosing to sell drugs, Kitchens said she was “(making) other people addicts,” according to a transcript of the Dec. 4, 2023, hearing.
“I felt like my life literally crumbled before my eyes,” Sloan said about her return to prison. “Everything I had worked so hard for, it felt like it had been snatched from me.”
She was taken from the courtroom to the Lowndes County Detention Center, where she spent two months before her transfer to the women’s prison in Rankin County.
Sloan found the county jail more difficult because there was no separation between everyone there. But the prison had its own challenges, such as violence between inmates and access to drugs, which would have threatened her sobriety.
She kept busy by taking classes, which helped her set a goal to take college courses one day with a focus on business. Visits, phone calls and letters from family members and staff from Musee and Crossroads were her lifeline.
“I did not let prison break me, I rose above it, and I got to help restore other ladies,” Sloan said.
She also helped several women in the prison get to Crossroads – the same program that helped her and others at Musee.
Sloan credits a long-term commitment to Crossroads and Musee for turning her life around – the places where she said someone believed in her and took a chance on her.
Pickering, Musee’s CEO, said in the three years she’s known Sloan, she’s watched her grow and become a light for others.
The bath and lifestyle company has employed over 300 formerly incarcerated women in the past dozen years, but Pickering said not everyone has had the same support, advocacy and transformation as Sloan. Regardless, Pickering believes each person is worth fighting for.
When Sloan isn’t traveling for work to craft markets with Pickering, she shares an office with her Musee colleague Julie Crutcher, who is also formerly incarcerated and a graduate of Crossroads’ programs. She also considers Crutcher a close friend and mentor.
Sloan has traveled to Columbus to see her mother and daughter whom she spent Thanksgiving with. She will see them again for Christmas and celebrate her daughter’s 12th birthday the day after.
Her involvement with the criminal justice system has made Sloan want to advocate for prison reform to help others and be an inspiration to others.
“I never knew what I was capable of,” Sloan said. “I never knew how much people truly, genuinely love me and love being around me. I never knew how much I could have and how much I could offer the world.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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