Based on current precedent, how would you expect the Court to rule on the question of whether Mississippi’s laws violate the 14th Amendment’s Equal Protection Clause?

Assignment Question

Jane Voter v. State of Mississippi (2023) This is a fictional case regarding the voting rights of felons. However, to the best of my knowledge the edited quotation from Mississippi’s constitution and the other supporting documentation are accurate. *** Mississippi has one of the toughest felon disenfranchisement laws in the United States. The state passed its current Constitution in 1890. The Mississippi State Constitution, Article XII, Section 241, reads: “Every inhabitant of this state, […], who is a citizen of the United States of America, eighteen (18) years old and upward, […], and who has never been convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, is declared to be a qualified elector…” In the state of Mississippi, disenfranchisement of felons who have committed a crime from this list is typically permanent. However, disenfranchised persons may apply to the governor for a pardon restoring their voting rights, or they may ask both houses of the legislature to pass a bill restoring their voting rights. Harrison (2020) writes, “Between 2000 and 2020, the Legislature averaged restoring voting rights to 7.3 felons per year.” Opponents of the law argue that the history of the law suggests it was passed with racial motivations. In addition, currently 16% of Black voters in Mississippi are unable to vote due to this law. For more statistics and analysis, see the article by Harrison (2020). https://mississippitoday.org/2020/10/19/study-11-of-all-mississippians-16-of-black-mississippians-cant-vote-because-of-felony-convictions/Links to an external site. Mississippi resident Jane Voter sues. She argues that, given the context and history of this case, the complete disenfranchisement of felons in Magnolia’s laws is a form of “indivious discrimination” that violates the Fourteenth Amendment’s Equal Protection Clause. The state of Mississippi responds that these are justifiable regulations that serve an important purpose: keeping citizens with a criminal history from gaining political power. With such power, they might reduce sentences or eliminate crimes altogether. It also argues that, although its law is tough, felon disenfranchisement has been a common practice in the United States and many states had or have similar laws. Pretend you are employed as a legal consultant, charged with predicting the outcome of the case if the Supreme Court grants cert.

Based on current precedent, how would you expect the Court to rule on the question of whether Mississippi’s laws violate the 14th Amendment’s Equal Protection Clause?

Your answer should run about 5 pages, double spaced, in Times New Roman 12 font.