One Step Back for Felon Voting Rights in Washington

This January, the 9th Circuit Court of Appeals overturned Washington's felon disenfranchisement law. It was a huge win for the state's estimated 167,000 disenfranchised voters, to say nothing of the plaintiffs, who had been pursuing their claim since 1996. You could say it was a win for inclusive democracy — it certainly was. And yet all of this was mingled with some trepidation, because from the moment the decision was published, there were murmurs that an appeal was unavoidable.

Now, advocates' fears have come true. The 9th Circuit has agreed to rehear the case, Farrakhan v. Gregoire, before a full panel of judges.

The court's original decision to reject a law that banned felons from voting turned on the plaintiffs' claim that the state's criminal justice system was unfair to blacks, Latinos and other ethnic minorities — which the court agreed with. As the judges concluded their majority decision: “Plaintiffs have demonstrated that the discriminatory impact of Washington’s felon disenfranchisement is attributable to racial discrimination in Washington’s criminal justice system."

By striking the law, the court opened the door for tens of thousands to reclaim their right to vote and participate in the November elections. The decision looked like a major step forward. Three other circuit courts had heard similar cases before Farrakhan was decided, and each had rejected similar claims made by other plaintiffs.

But now that the case is headed back to court to be heard before a full panel, there's no way to know what the outcome will be. Or what their decision will ultimately mean for the country. Felon disenfranchisement is a national issue (an estimated 5.3 million people are prohibited from voting as a result of criminal convictions) and if Farrakhan stands, plaintiffs from other states covered by the 9th Circuit are bound to emerge.

No matter what decision is reached this time around, though, you can be sure this case will resurface into the news again. A decision on which the votes of 5.3 million Americans hang is bound to get appealed all the way to the top.

Photo Credit: Billaday