Courts Weigh What It Takes to Scrub Old Laws of Racist Intent

In the aftermath of Reconstruction, Mississippi enacted a law that was indisputably intended to discriminate against Black would-be voters.

It’s still on the books.

According to the US Court of Appeals for the Fifth Circuit, which upheld Article XII, Section 241 of the Mississippi Constitution for the second time on Aug. 24, a 1968 amendment “cleansed” the 1890 law of its original racist intent.

Leaving aside how likely that actually is on the merits, the decision highlights an important and undeveloped issue in challenges to laws that have been modified in some way since a constitutionally prohibited inception: Exactly when ...