Harvard Law & Policy Review

The Progressive Journal of the American Constitution Society

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Who Will Gain From Florida’s 1,000,000 Restored-Felon Voters?

By Eric Allen Kauk* Last week voters in Florida passed a state constitutional amendment that automatically restored the right to vote to more than 1,000,000 people who were previously convicted of felonies, and who have successfully served their sentences.  The amendment was widely-supported by many groups including the ACLU, the Koch brothers-backed Freedom Partners, and the Harvard Campaign for Political Equality. Historical Context In the 1868 aftermath of the U.S. Civil War, Florida …

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The Right to Vote in Every Corner of the Country

By Emma Greenman* With a week until the 2018 elections, campaigns are shifting into high gear and so are voter suppression efforts in many parts of the country. America’s history with disenfranchisement is older than the Constitution itself and this year we have seen a disturbing acceleration of the decade-old resurgence of restrictive voting laws, voter suppression tactics and nefarious operations to depress voter turnout. Since 2010, 24 states (almost all under Republican control) have put …

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Wrestling with Misogyny: What it Will Take for Women to Win in 2018 and Beyond

by Jillia Pessenda* Across the country women are running for office in record numbers. At Women Winning, a Minnesota-based organization dedicated to electing pro-choice women from all political parties to all levels of public office, we see this unprecedented national trend reflected in our work across the state. At a time when we are confronting the omnipresent misogyny of Donald Trump and his administration, women are tackling adversity by stepping up to run for office. And we must; …

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Antitrust, Political Economy, and the Nomination of Brett Kavanaugh

By Chris Sagers[1] In the world there are weightier things than antitrust, and the Supreme Court nomination of Judge Brett Kavanaugh involves many of them. His replacement of Anthony Kennedy will likely change the Court’s balance in several areas, perhaps including the constitutional status of abortion, marriage rights, and who knows what other civil rights affairs. It also no doubt poses concerns about challenges to the Trump administration and the President himself, in the ethical, national …

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Plea Bargaining: Lessons Learned, Issues Outstanding

By Milton Heumann*   The classic “you’ve come a long way baby” mantra from the world of tobacco advertising has an analogous application to plea bargaining. Fifty years or so ago, plea bargaining was just emerging from the shadows of the perception of our trial courts, but today it is recognized as occupying the central position in understanding the ways justice is allocated. The final acknowledgment of the “long way” plea bargaining has come came bluntly in the Supreme Court’s 2012 …

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Fighting to Restore Civil Rights and Felon Rehabilitation in Florida

By Eric Allen Kauk* This November Florida will vote on Amendment 4, a measure that would automatically restore the right to vote to 1,487,847 convicted felons who have successfully served their entire sentence and paid their debt to society. Florida lags far behind the rest of the country when it comes to restoring individuals’ civil rights. In 2016, more Floridians had lost their civil rights due to prior convictions than citizens in any other state.  Florida disenfranchises more people …

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