The news out of Florida, another swing state infamous for assaults on suffrage, is no better. In May, U.S. District Judge Robert Hinkle held unconstitutional a Florida scheme that forced ex-felons to pay court-imposed fines and fees before regaining the right to vote. This scheme effectively imposed a poll tax, denying people the ballot unless they had enough money to pay court debt. Moreover, it was
totally unworkable:
Florida has no idea how much formerly incarcerated people owe and no way to find out. As a result, Hinkle explained, even those ex-felons with the means to pay off court debt could never really be sure they paid in full. And if they miscalculated, they could be prosecuted and imprisoned.
Hinkle devised a system wherein formerly incarcerated people could ask the state to reveal how much court debt they owe. If the state could not provide an answer within three weeks, the individual regained the right to vote. Furthermore, no one could be denied the ballot simply because they couldn’t afford to pay their court debt, since wealth-based disenfranchisement violates the constitution.
On Wednesday, the 11th U.S. Circuit Court of Appeals
blocked Hinkle’s order, allowing Florida to resume denying registration to people convicted of felonies.And, in a highly unusual move, the court accepted Florida’s request to hear the case en banc
before a three-judge panel had the opportunity to hear it. There is only one plausible reason the court, which Donald Trump recently
flipped, would’ve taken this rather shady step: The conservative majority likely worried that a three-judge panel would include two liberals who would uphold Hinkle’s order, keeping the Florida scheme on hold through the November election. So they short-circuited the appeals process, handing the state an instant victory by lifting Hinkle’s injunction and a probable long-term victory by siding with Florida down the road.
In four awful decisions over the past two weeks, federal courts cleared the way for voter suppression in November.
slate.com