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 1977
On this day in 1977
March 8, 1977

Henry L. Marsh III became the first Black mayor of the former capital of the Confederacy, Richmond, Virginia.
Growing up in Virginia, he attended a one-room school that had seven grades and one teacher. Afterward, he went to Richmond, where he became vice president of the senior class at Maggie L. Walker High School and president of the student NAACP branch.
When Virginia lawmakers debated whether to adopt “massive resistance,” he testified against that plan and later won a scholarship for Howard University School of Law. He decided to become a lawyer to “help make positive change happen.” After graduating, he helped win thousands of workers their class-actions cases and helped others succeed in fighting segregation cases.
“We were constantly fighting against race prejudice,” he recalled. “For instance, in the case of Franklin v. Giles County, a local official fired all of the black public school teachers. We sued and got the (that) decision overruled.”
In 1966, he was elected to the Richmond City Council and later became the city’s first Black mayor for five years. He inherited a landlocked city that had lost 40% of its retail revenues in three years, comparing it to “taking a wounded man, tying his hands behind his back, planting his feet in concrete and throwing him in the water and saying, ‘OK, let’s see you survive.’”
In the end, he led the city from “acute racial polarization towards a more civil society.” He served as president of the National Black Caucus of Elected Officials and as a member of the board of directors of the National League of Cities.
As an education supporter, he formed the Support Committee for Excellence in the Public Schools. He also hosts the city’s Annual Juneteenth Celebration. The courthouse where he practiced now bears his name and so does an elementary school.
Marsh also worked to bridge the city’s racial divide, creating what is now known as Venture Richmond. He was often quoted as saying, “It doesn’t impress me to say that something has never been done before, because everything that is done for the first time had never been done before.”
He died on Jan. 23, 2025, at the age of 91.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Judge tosses evidence tampering against Tim Herrington

A Lafayette County circuit judge ended an attempt to prosecute Sheldon Timothy Herrington Jr., the son of a prominent north Mississippi church family who is accused of killing a fellow University of Mississippi student named Jimmie “Jay” Lee, for evidence tampering.
In a March 7 order, Kelly Luther wrote that Herrington cannot be charged with evidence tampering because of the crime’s two-year statute of limitations. A grand jury indicted the University of Mississippi graduate last month on the charge for allegedly hiding Lee’s remains in a well-known dumping ground about 20 minutes from Herrington’s parent’s house in Grenada.
“The Court finds that prosecution for the charge of Tampering with Physical Evidence commenced outside the two-year statute of limitations and is therefore time-barred,” Luther wrote.
In order to stick, Luther essentially ruled that the prosecution should have brought the charges against Herrington sooner. In court last week, the prosecution argued that it could not have brought those charges to a grand jury without Lee’s remains, which provided the evidence that evidence tampering occurred.
The dismissal came after Herrington’s new counsel, Jackson-area criminal defense attorney Aafram Sellers, filed a motion to throw out the count. Sellers did not respond to a request for commend by press time.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
JXN Water is running out of operating money, set to raise rates again

JXN Water is losing money at a rate it can’t sustain, according to a financial outlook it released last week, as the federal dollars it received to run day-to-day operations are set to run out next month.
Ted Henifin, who manages the third-party provider, told Mississippi Today on Thursday that the funding shortfall may extend repair times for line breaks, and that the utility will look to once again raise rates on customers’ water bills. Henifin explained that various factors — such as debt payments, higher-than-expected operating costs, and slower-than-expected collections gains — have left the water utility in a precarious position where it’s now losing $3 million a month.
“Gone from a water disaster to a bit of financial disaster or so,” Henifin described.

The federal government set aside a historic $800 million for Jackson to fix its water and sewer systems in 2022, with $600 million of that tied specifically to the water system. That included $150 million of “flexible” funding, which JXN Water has used mostly for line repairs as well as on a contract with Jacobs to run the day-to-day operations of the system. The rest of the $600 million was intended for bigger, capital projects.
But the $150 million, Henifin said, is on track to run out in April. He said JXN Water will look for grants and low-interest loans to hold its operations together, as well as work with Congress to free up some of the $450 million — the amount intended for larger projects — for operations spending.
The water provider is also set to impose an almost 12% rate increase on customers’ water bills this spring — just under $9 per month for the average resident — the second rate hike in as many years (the utility a year ago raised rates on average $10 per month). While the 2022 federal order requires it to put rate increases before the Jackson City Council, JXN Water only needs the approval of overseeing U.S. District Judge Henry Wingate.

In addition to higher-than-expected operating costs, such as fixing line breaks, Henifin said the utility was also unsuccessful in retiring some of the city’s debt due to federal constraints over how it spends the $450 million pot. As a result, JXN Water is paying $1.5 million a month, or half of its total losses, in debt services.
Meanwhile, the utility’s revenue collection rate of 70% is an improvement from a year ago, when it was under 60%, but it’s still far below the national average. Last year, Henifin told Mississippi Today in order to make the water system self-sustainable by the time federal funding runs out, the rate needs to reach 80% in 2025 and 90% in 2026. The financial report says there are 14,000 accounts that receive water but aren’t paying bills.
Henifin admitted on Thursday, though, that even if collection rates were at 100%, JXN Water would still be losing money.
“It’s really the running out of the federal funds and not having closed that gap on local revenues,” he said. “Error on our part maybe that we didn’t focus on this earlier, but we were really trying to get the water system working.”
Last week’s financial plan added that a decision from the 5th U.S. Circuit Court of Appeals over whether to release SNAP recipient data is expected within the next two months. JXN Water last year introduced a first-of-its-kind discount for SNAP recipients, but both federal and state officials appealed an order from Wingate to release the names of those recipients, preventing the utility from automatically applying those discounts.

To help free up funding for the utility, Rep. Chris Bell, D-Jackson, wrote a bill which would allow JXN Water to become a water authority for the purpose of accessing tax-exempt bonds or loans. The bill now just needs to pass a floor vote in the Senate.
Henifin added that, after some initial uncertainty, JXN Water’s current funding won’t be impacted by the Trump administration’s recent freezing of federal grant funds.
He also said the funds they do have access to are being used to make major improvements, such as fixing the membrane trains, filters and sediment basins at the O.B. Curtis treatment plant.
“I think it’s a pretty bright future,” Henifin said. “If we can just get over this little cashflow hump we’re in good shape.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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