Supreme Court Rejects Virginia's Appeal
On June 23, the U.S. Supreme Court declined to hear Virginia's appeal to dismiss a lawsuit challenging the state's lifetime voting ban for convicted felons. This decision allows the case, brought by disenfranchised voters and supported by the American Civil Liberties Union (ACLU), to proceed in lower courts. The lawsuit argues that the ban, rooted in an 1869 state constitutional provision, violates historical laws and disproportionately impacts Black residents.
The plaintiffs, including individuals like King, convicted in 2018 of a felony, and Johnson, convicted in 2021 of multiple felonies including drug possession and child endangerment, claim their disenfranchisement under Virginia's constitution is unjust. A federal district judge has scheduled a bench trial for October to further examine the case. This ruling marks a significant step for advocacy groups pushing for the restoration of voting rights in the state.
Background and Implications of the Voting Ban
Virginia's voting ban stems from a post-Civil War constitutional provision that disqualifies individuals convicted of felonies from voting unless their civil rights are restored. Critics of the ban, as noted in the lawsuit backed by the ACLU, argue that it was historically designed to suppress Black voters and continues to have a disproportionate effect on minority communities. The challenge specifically cites the Virginia Readmission Act of 1870 as a basis for claiming the ban's illegality.
Earlier this year, Virginia lawmakers attempted to address the issue by proposing a ballot measure to amend the state constitution for automatic restoration of voting rights after felons complete their sentences. However, this measure requires passage in both chambers of the state House next year to be put before voters. Until then, the ongoing lawsuit remains a critical avenue for potential change.
Next Steps in the Legal Battle
With the Supreme Court's refusal to intervene, the litigation will continue in the lower courts, where advocates hope to secure a ruling that could overturn the longstanding ban. The upcoming bench trial in October will be a pivotal moment, as it will allow both sides to present detailed arguments and evidence regarding the constitutionality of Virginia's disenfranchisement law.
The outcome of this case could set a precedent for other states with similar felony disenfranchisement laws. As the legal process unfolds, the debate over voting rights for felons in Virginia remains a focal point for civil rights organizations and state officials alike, highlighting broader national conversations about justice and electoral access.