Monday, August 29, 2022

My Work Shows Up in Surprising Places

 Harness v. Watson (5th Cir. 2022).  This is mostly a challenge to Miss. Const. sec. 241 (how big is this beast?) concerning deprivation of the vote for any person "convicted of murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy."

• As opposed to previous state constitutions' extending the right to bear arms to "all persons," Miss. Const. art. I, § 15 (1868), the 1890 constitution gave that right only to "every citizen," enabling the legislature to "regulate or forbid carrying concealed weapons," Miss. Const. art. VIII, § 12 (1890). These provisions, of course, were intended to prevent Black Mississippians from arming. See Ward v. Colom, 253 So. 3d 265, 279 (Miss. 2018) (King, J., dissenting) (explaining that these alterations were "craftily designed to obstruct or deny certain rights to African Americans" (quoting Westley F. Busbee, Jr., Mississippi: A History 178 (2d ed. 2015)); Clayton E. Cramer, The Racist Roots of Gun Control, 4 Kan. J. L. & Pub. Pol'y 17 (1994)).

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