Federal Appeals Court Declines to Restore Voting Rights in Mississippi

Today, the U.S. Court of Appeals for the Fifth Circuit declined to restore voting rights to tens of thousands of Mississippians in its ruling in Hopkins v. Watson. The Southern Poverty Law Center and Simpson Thacher & Bartlett LLP brought litigation on behalf of plaintiffs in Hopkins arguing that Mississippi’s lifetime voting ban for people with disqualifying criminal convictions was a violation of the U.S. Constitution’s ban against cruel and unusual punishment.

In August 2023, a panel of the Fifth Circuit had struck down Mississippi’s 19th century disenfranchisement scheme, which is one of the cruelest in the nation. The panel found that the Mississippi law, which bars individuals convicted of certain crimes, some very minor, from voting in Mississippi for life, was a violation of the U.S. Constitution’s ban against cruel and unusual punishment. This latest ruling overturns that decision following a rehearing of the case by the Fifth Circuit en banc. In its ruling today, the court said that Mississippi’s felony disenfranchisement laws can only be changed by the state’s legislature.

Six judges dissented from the majority opinion and emphasized the importance of the case, writing: “Voting is the lifeblood of our democracy and the deprivation of the right to vote saps citizens of the ability to have a say in how and by whom they are governed. Permanent denial of the franchise, then, is an exceptionally severe penalty, constituting nothing short of the denial of the democratic core of American citizenship.” The dissenting judges noted that Mississippi’s disenfranchisement scheme “is an especially cruel penalty as applied to those whom the legal system has already deemed to have completed all terms of their sentences.”

Plaintiff Dennis Hopkins said, “I have paid Mississippi and society what I owe in full, but I still can’t cast a vote that could impact my life and the lives of my children. I am disappointed by the court’s decision today but I’m not giving up. This decision should not serve as an example of how we should approach rehabilitation for people who have fully completed their sentences.”

Co-Chair of Simpson Thacher’s Litigation Department, Jon Youngwood said, ““We are studying the Court’s decision and are exploring next steps. We are heartened by the opinion of the six dissenting judges, which encapsulates the importance of this case. Denying broad groups of our citizens, for life, the ability to have a role in determining who governs them diminishes our society and deprives individuals of the full rights of representative government. We remain confident in this case and remain committed to ensuring that our clients’ right to vote is restored.”

Ahmed Soussi, Staff Attorney, Democracy | Voting Rights Litigation Team of the Southern Poverty Law Center, said, "Today's court decision sadly upholds a discriminatory lifetime voting ban on individuals, a majority who are Black and brown, who have already served their sentences. The SPLC and our legal partners will continue to stand up for the rights of those who have reentered society. We aim to ensure our clients and the tens of thousands of Mississippians impacted by this ruling have a meaningful voice in shaping our political process. After all, the right to vote is the essence of a democratic society.”