AN INDEFINITE PUNISHMENT AFTER JUSTICE HAS BEEN SERVED: JONES V. GOVERNOR OF FLORIDA IS A FUNDAMENTALLY FLAWED DECISION

The right to vote is a fundamental part of a representative democracy. As of 2020, 48 states have laws limiting a felon’s participation in the franchise, resulting in 5.2 million United States citizens being unable to vote. In 2018, Florida passed Amendment 4 with a 65% popular vote, allowing felons to be re-enfranchised after the terms of their sentence are completed. In 2019, the state enacted a law defining “terms of the sentence” to include court costs and fees, barring indigent felons from regaining their constitutional right. In Jones v. Governor of Florida, Judge Pryor upheld this law. I critically evaluate the majority and concurring opinions. I will argue the opinion is flawed for failing to use intermediate scrutiny, and by appealing to social contract theory, and theories of punishment. I argue that the law not only fails to serve a legitimate governmental interest, but undermines democracy, perpetuates racial disparities, and makes felons an unequal party in the social contract solely because of their indigent status.