Should a Felony Be a Barrier to Voting Behind Bars and Beyond?

With campaign season in full swing, a high-stakes legal and policy battle is intensifying over whether those in prison, on probation and parole, or simply with a past felony record should be eligible to vote. In January 2024, a rare Fifth Circuit en banc hearing will consider Mississippi’s felony disenfranchisement law that was struck down by a divided three-judge panel. Plaintiffs in such cases claim violations of equal protection and cruel and unusual punishment, raising the questions of how the original meaning of such provisions should apply today and whether this is a political question that should be left by judges to the elected branches of government to determine. Also, in Texas and Florida, prosecutions against those who voted despite a disqualifying criminal record implicate the question of mens rea. Join us as we consider varied perspectives on this issue that brings to the fore conflicting conceptions of the purpose of punishment, the impact of our nation’s history on the present, and the very meaning of citizenship and democracy. Featuring: Jeff Jacoby, Columnist, Boston Globe Nicole Porter, Senior Director of Advocacy, The Sentencing Project (Moderator) Marc Levin, Chief Policy Counsel, Council on Criminal Justice