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Federal Appeals Court will Hear Novel Argument, Invoking 19th Amendment, Against Felon Voting Restrictions (Florida)
Florida Phoenix ^ | July 20th 2021 | Michael Moline

Posted on 07/21/2021 1:09:43 PM PDT by Jacquerie

A federal appeals court rendered a decisive victory for Gov. Ron DeSantis and legislative Republicans last year in upholding Florida’s law requiring felons to pay all fines, fees, and restitution before they can win back the right to vote under 2018’s Amendment 4.

But that ruling didn’t quite kill every challenge to the law, known as SB 7066.

Novel claims asserting violation of the Nineteenth Amendment, which extended to women the right to vote, are still alive and headed for oral arguments on Thursday in Atlanta.

"Neither the Supreme Court nor this court has ever addressed the appropriate legal standard that should be applied to a Nineteenth Amendment claim. This court and the parties will benefit from oral argument on a matter of first impression prior to the rendering of a decision of such precedential value,” lawyers with the Southern Poverty Law Center argued in a brief filed in March.

Ruling 6-4 in September, the appellate court dismissed challenges under the Fourteenth and Twenty-fourth amendments, including claims the state is depriving felons of the equal protection of the law.

The plaintiffs now before the court are Rosemary McCoy and Sheila Singleton, two Black women with felony records who have been denied the right to vote under the Florida law because their criminal records prevent them from getting jobs that would pay enough for them to satisfy restitution orders.

“The state should not be allowed to implement a felony re-enfranchisement scheme that creates an illusory right to vote for a subset of its citizens. Plaintiffs, therefore, respectfully ask this court to reverse the district court’s dismissal of their Fourteenth Amendment and Nineteenth Amendment claims. In the alternative, they request the case be remanded with instructions that the district court conduct the appropriate factual and legal analysis.”

(Excerpt) Read more at floridaphoenix.com ...


TOPICS: Crime/Corruption; Government; Politics/Elections; US: Florida
KEYWORDS: 19thamendment; elections; felons; voting
This case should be dismissed. Ex-con enfranchisement has nothing to do with the 19th Amendment.
1 posted on 07/21/2021 1:09:43 PM PDT by Jacquerie
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To: Jacquerie

So, because they did something that put them into a bad situation, the rest of us have to suffer from MORE of their bad decisions?

Get two jobs to repay your fines, but don’t screw the rest of us because they already screwed up their lives!


2 posted on 07/21/2021 1:37:16 PM PDT by ExTxMarine (Diversity is tolerance; diverse points of views will not be tolerated.)
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To: Jacquerie

I’ll bet you they voted in the last election anyway.


3 posted on 07/21/2021 2:14:27 PM PDT by 17th Miss Regt
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To: Jacquerie
“The state should not be allowed to implement a felony re-enfranchisement scheme that creates an illusory right to vote for a subset of its citizens."

The state has not done this, so this is just posturing.

4 posted on 07/21/2021 2:16:03 PM PDT by 17th Miss Regt
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To: Jacquerie
Poof. The courts can't even determine that an unborn human baby is actually human. The courts aren't worth a bucket of warm spit, starting with SCrOTUS.

5 posted on 07/21/2021 2:33:09 PM PDT by Governor Dinwiddie ("Success is 10 percent inspiration and 90 percent perspiration." — Thomas Edison)
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To: Jacquerie

...their criminal records prevent them from getting jobs that would pay enough for them to satisfy restitution orders...
******************************************
That is a very strange allegation.
I wonder how large the restitution is. I can think of embezzlement schemes where the restitution would be $500,000. Well, it would take $25,000 per year for 20 years BEFORE interest.
So why is it my fault (or someone else’s fault) if the crime was so large that they haven’t (or can’t) make restitution?


6 posted on 07/21/2021 2:42:21 PM PDT by Honest Nigerian
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To: Jacquerie
The 19th Amendment does NOT give women the right to vote. The language is quite clear and unambiguous: It prohibits denying the right to vote based on the sex of the voter. In other words, it requires that women (as a class) shall have all the same voting rights as men (as a class.) And vice versa, for that matter. So it would make just as much sense to (wrongly) claim that the Amendment gives men the right to vote.

Were that not the case, the text of an Amendment that literally said "Females shall not be denied the right to vote" (which is what idiots apparently think the text of the 19th Amendment means) would require that female babies who can't read, write nor speak be allowed to vote. That's clearly not what it means, and clearly not the original intent.

7 posted on 07/21/2021 2:56:37 PM PDT by sourcery (#MakeThouhtFreeAgain)
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To: sourcery

Excellent analysis.


8 posted on 07/21/2021 3:10:38 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

the 19th amendment ... our nation’s biggest mistake ...


9 posted on 07/21/2021 3:17:48 PM PDT by bankwalker (groupthink kills ...)
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To: 17th Miss Regt
"The state has not done this, so this is just posturing."
Actually, the State has. Unless I am very much mistake, those that have served their sentence and paid off fines and other money owed the State can be re-enfranchised. Under certain circumstances, this probably makes sense.
10 posted on 07/21/2021 3:57:40 PM PDT by Hiddigeigei ("Talk sense to a fool and he calls you foolish," said Dionysus - Euripides)
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To: Hiddigeigei

They haven’t paid their fines.


11 posted on 07/21/2021 4:04:43 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Hiddigeigei

For the rest of us, a concealed weapon and firearm carry license can be purchased from the State (for a cost to cover criminal record check and photo) that is valid for about seven years and is renewable at cost. May not be what the 2nd Amendment says, but seems reasonable to me. I am happy with it.


12 posted on 07/21/2021 4:09:36 PM PDT by Hiddigeigei ("Talk sense to a fool and he calls you foolish," said Dionysus - Euripides)
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To: Jacquerie

The Fourteenth Amendment recognizes a state’s right to deny the vote to male citizens for “participation in rebellion, or other crime.” It doesn’t say anything about women since they were not allowed to vote anywhere in the US when the amendment was written.


13 posted on 07/21/2021 4:19:40 PM PDT by Verginius Rufus
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To: 17th Miss Regt

...probably enough times to make up for any elections they missed while in the slammer.


14 posted on 07/21/2021 4:23:35 PM PDT by Mr. Lucky
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To: Verginius Rufus

Women (the weaker sex) should be allowed to be armed under all circumstances (if not just carrying for a dis-enfranchised male). They need the ability to defend themselves even more than males,


15 posted on 07/21/2021 4:30:10 PM PDT by Hiddigeigei ("Talk sense to a fool and he calls you foolish," said Dionysus - Euripides)
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To: Verginius Rufus

Right. The 14th doesn’t address women’s suffrage. It was left to the states.


16 posted on 07/21/2021 4:30:14 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

what incentive is there to complete the restitution if their rights are restored? That’s the reward for completion...if your rights actually meant something to these to dopey broads.


17 posted on 07/21/2021 4:50:41 PM PDT by Ouderkirk (Life is about ass, you're either covering, hauling, laughing, kicking, kissing, or behaving like one)
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To: Hiddigeigei

Interesting that you are satisfied with only ONE HALF (or less) of your GOD GIVEN RIGHT!

I prefer to keep all portions of my GOD (not government) GIVEN RIGHTS!


18 posted on 07/21/2021 5:06:04 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: Hiddigeigei

This goes double for pregnant women (whether the dis-enfranchised citizen they are carrying is male or female).


19 posted on 07/22/2021 6:11:49 PM PDT by Verginius Rufus
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To: Jacquerie

New Jersey had allowed women to vote for a while (I think maybe only those who owned property) but that had ended. Wyoming Territory was the first to extend voting rights to women (in 1869) after that...they were hoping to get more women to come to the territory.


20 posted on 07/22/2021 6:13:32 PM PDT by Verginius Rufus
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