Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

quote:

a violation of the 8th Amendment incorporated against the states by the 5th District.

Did you mean to say, "a violation of the 8th Amendment incorporated against the states by the 14th Amendment"?

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

quote:

Originally posted by RolandtheHeadless:

quote:

a violation of the 8th Amendment incorporated against the states by the 5th District.

Did you mean to say, "a violation of the 8th Amendment incorporated against the states by the 14th Amendment"?

Yes, poor shorthand. The 5th Circuit is the court extending the 8th Amendment to invalidate the the State Constitution concerning voting rights to felons through the Incorporation Doctrine which is the application of the 14th Amendments due process clause.

In coming up with the Incorporation Doctrine, the S. Ct., was able to overrule in effect the Slaughterhouse cases down to Barron v Baltimore wo having to addresses their holding. This is bc the Incorporation Doctrine and the 14th’s equal protection clause was an entirely different analysis.

Of course, I always argue that Fundamental Rights Doctrine embraced by the S. Ct., made federally protected individual rights possible. I read the two doctrines as to beams holding up one house. The house being individual rights guaranteed by the Federal Government. Limitations also being present as no right is absolute.

What I do not know bc I have not read the case is what level of scrutiny did the 5th Circuit apply to the issue.

quote:

Yes, poor shorthand.

A bit of friendly advice:

You really should edit your posts before posting them. If I hadn't known better, I would have completely misinterpreted your words here.

First drafts don't tend to be very good. We make them better by editing.

What counts are the words on the page, not the writer's intent. Readers can't read your mind.

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

Or be President.....

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

If you do something stupid as a youngster, does that mean you shouldn't be allowed to vote for life? I don't buy it.

Grizz

I cannot articulate a compelling state interest in non gun, non violent felons from owning firearms for life.

Now, a few states saw this combing and passed expungement laws. There are two kinds of expungement those that merely seal your record making you still ineligible. The other are legislative pardons that restore all rights.

In those legislative pardon states this cruel and unusual punishment argument will not fly. The legislature has provided for a remedy the 8th Amendment is being read to require.

just to illustrate how weird the world is,
Desantis agrees with the squire, as FLA passed a law restoring voting rights to non-violent felons

https://www.findlaw.com/voting...vote-in-florida.html

Just weird

btw, the left, as usual, jeered him for it

quote:

Originally posted by Grizzly Adams1:

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

If you do something stupid as a youngster, does that mean you shouldn't be allowed to vote for life? I don't buy it.

Grizz

I'm stupid, I've done a lot of stupid things and yet have a perfect, clean record. That's right, no felony arrests or indictments much less convictions for me.

It looks like it takes a serious, calculated flaw to become a felon and I think felons should bear consequences. In America were horribly afraid to punish anymore, it's just inhumane to be responsible for our actions.

Why notook at it the other way; if you appreciate your gun rights, don't become a felon!?

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

What is particularly interesting about this decision is that the 5th Circuit is a very conservative appellate court.

quote:

Originally posted by Scott King:

quote:

Originally posted by Grizzly Adams1:

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

If you do something stupid as a youngster, does that mean you shouldn't be allowed to vote for life? I don't buy it.

Grizz

I'm stupid, I've done a lot of stupid things and yet have a perfect, clean record. That's right, no felony arrests or indictments much less convictions for me.

It looks like it takes a serious, calculated flaw to become a felon and I think felons should bear consequences. In America were horribly afraid to punish anymore, it's just inhumane to be responsible for our actions.

Why notook at it the other way; if you appreciate your gun rights, don't become a felon!?

Maybe you just didn't get caught for those felonies, Scott. I did my fair share of stupid shit too. Maybe more than my fair share.

To me, the bottom line is that there should be some discretion here. Some felony convictions absolutely ought to result in forfeiture of voting rights. Others, not so much. Or, scenarios where the convicted felon has served their sentence and been without any criminal offenses for many years.

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by Scott King:

quote:

Originally posted by Grizzly Adams1:

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

If you do something stupid as a youngster, does that mean you shouldn't be allowed to vote for life? I don't buy it.

Grizz

I'm stupid, I've done a lot of stupid things and yet have a perfect, clean record. That's right, no felony arrests or indictments much less convictions for me.

It looks like it takes a serious, calculated flaw to become a felon and I think felons should bear consequences. In America were horribly afraid to punish anymore, it's just inhumane to be responsible for our actions.

Why notook at it the other way; if you appreciate your gun rights, don't become a felon!?

Maybe you just didn't get caught for those felonies, Scott. I did my fair share of stupid shit too. Maybe more than my fair share.

To me, the bottom line is that there should be some discretion here. Some felony convictions absolutely ought to result in forfeiture of voting rights. Others, not so much. Or, scenarios where the convicted felon has served their sentence and been without any criminal offenses for many years.

quote:

Originally posted by Scott King:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by Scott King:

quote:

Originally posted by Grizzly Adams1:

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

If you do something stupid as a youngster, does that mean you shouldn't be allowed to vote for life? I don't buy it.

Grizz

I'm stupid, I've done a lot of stupid things and yet have a perfect, clean record. That's right, no felony arrests or indictments much less convictions for me.

It looks like it takes a serious, calculated flaw to become a felon and I think felons should bear consequences. In America were horribly afraid to punish anymore, it's just inhumane to be responsible for our actions.

Why notook at it the other way; if you appreciate your gun rights, don't become a felon!?

Maybe you just didn't get caught for those felonies, Scott. I did my fair share of stupid shit too. Maybe more than my fair share.

To me, the bottom line is that there should be some discretion here. Some felony convictions absolutely ought to result in forfeiture of voting rights. Others, not so much. Or, scenarios where the convicted felon has served their sentence and been without any criminal offenses for many years.

We dodged a bullet?

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by Scott King:

quote:

Originally posted by Mike Mitchell:

quote:

Originally posted by Scott King:

quote:

Originally posted by Grizzly Adams1:

quote:

Originally posted by Scott King:

quote:

Originally posted by LHeym500:
Mississippi State Constitution provision baring all convictions felons from voting has been struck down as a violation of the 8th Amendment incorporated against the states by the 5th District.

Now, barring a full successful appeal to the en blanc panel or the S. Ct, this is the law of the land for the 5th Federal Judicial Circuit. This holding is persuasive authority to all other Fed Circuits.

https://apple.news/AV4E8PEtYSYO07BI4jNGQiA

I believe non violent felons, non gun crimes (which are not always violent) should be allowed to own guns and vote. What compelling state interest is served by someone convicted of insider trading or tax fraud being forever disarmed?

If a person's judgement is so flawed the earn a felony, does this society really want them making decisions in the ballot box or gun store?

I'm skeptical.

If you do something stupid as a youngster, does that mean you shouldn't be allowed to vote for life? I don't buy it.

Grizz

I'm stupid, I've done a lot of stupid things and yet have a perfect, clean record. That's right, no felony arrests or indictments much less convictions for me.

It looks like it takes a serious, calculated flaw to become a felon and I think felons should bear consequences. In America were horribly afraid to punish anymore, it's just inhumane to be responsible for our actions.

Why notook at it the other way; if you appreciate your gun rights, don't become a felon!?

Maybe you just didn't get caught for those felonies, Scott. I did my fair share of stupid shit too. Maybe more than my fair share.

To me, the bottom line is that there should be some discretion here. Some felony convictions absolutely ought to result in forfeiture of voting rights. Others, not so much. Or, scenarios where the convicted felon has served their sentence and been without any criminal offenses for many years.

We dodged a bullet?

I don't think I ever did anything felonious, but as to dodging, I don't think I was that aware to dodge, the bullets just missed.