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56 Colum. Hum. Rts. L. Rev. 1 (2025-2026)

handle is hein.journals/colhr56 and id is 1 raw text is: 









THE   READMISSION ACTS: RECONSTRUCTION'S FORGOTTEN
                  VOTING RIGHTS STATUTES



                         Alon Goldfinger*

                            ABSTRACT

       After the Supreme  Court's decision in Richardson v. Ramirez,
many     believed   federal  protection   against   state   felony
disenfranchisement  laws  to be  dead. However,   recently, several
litigators in Virginia have revived a set of old, Reconstruction-era
statutes to argue that the federal judiciary not only can, but must,
curb current felony disenfranchisement practices. Lost to history, this
set of statutes, called the Readmission Acts, conditioned all but one of
the former  Confederate states' readmissions on  the prospect that
those states limit future disenfranchisement  to  now felonies at
common  law.
       This  Note   serves as  a  first-of-its-kind       analysis of the
Readmission  Acts, sifting through 242 pages of legislative history to
shine light on their meaning. First, it traces the history of felony
disenfranchisement   from  Reconstruction  until  today.  It  then
examines  the Acts more  specifically, pointing out the powers that
Congress could have relied on to pass the Acts, conducting a statutory
interpretation analysis to decipher their meaning,   and outlining
various remedies  that courts can pursue for violations of the Acts.
Finally, this Note  will address  some  of the arguments   against
enforcing the Acts, responding to critiques related to the political
questions doctrine, sovereign immunity, federalism more broadly, and
the equal state sovereignty doctrine. When discussing the equal state
sovereignty  doctrine, this Note will uplift statements  from  the
Reconstruction   Congress  that   highlight  the  current  Court's
misalignment  with the goals of Reconstruction.
       Reconstruction  wholly  changed  the nature  of the United
States legal system. The Acts are a further reflection of that legacy.


   *   J.D., Columbia Law School, 2025. Thank you to Professor Kellen R. Funk
for his support supervising this project. I am also grateful to Professor Pippa
Holloway and Professor Gabriel J. Chin for their helpful comments, and the
editors of the Columbia Human Rights Law Review for their editorial assistance.