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They use “states' rights” to defend slavery and, later on, ex-Confederates use it to defend Jim Crow and disfranchisement.

Across the country, states have varying laws on felony disfranchisement, but an estimated 5.85 million Americans with prior felony convictions are barred from voting.

“This Court’s inaction continues a trend of condoning disfranchisement,” she added.

Sotomayor wrote in dissent that the Supreme Court’s action prevents thousands of otherwise eligible voters from casting ballots “simply because they are poor,” adding that the decision “continues a trend of condoning disfranchisement.”

“This court’s inaction continues a trend of condoning disfranchisement. Ironically, this court has wielded Purcell as a reason to forbid courts to make voting safer during a pandemic,” she wrote.