Hand v. Scott, No. 18-11388 (11th Cir. 2018)Annotate this Case
The State Executive Clemency Board appealed the district court's orders in favor of appellees James Michael Hand and eight other convicted felons who have completed their sentences and sought to regain their voting rights in Florida. The Eleventh Circuit held that the State Executive Clemency Board has made a sufficient showing under Nken v. Holder, 556 U.S. 418, 426 (2009), to warrant a stay. The court explained that the Fourteenth Amendment expressly empowered the states to abridge a convicted felon's right to vote; binding precedent held that the Governor had broad discretion to grant and deny clemency, even when the applicable regime lacked any standards; and, although a reenfranchisement scheme could violate equal protection if it had both the purpose and effect of invidious discrimination, appellees have not alleged -- let alone established as undisputed facts -- that Florida's scheme has a discriminatory purpose or effect.
The court issued a subsequent related opinion or order on January 10, 2020.