A panel of judges in a federal appeals court said Monday that only the federal government — not citizens and groups — can sue under a key part of the Voting Rights Act, effectively gutting the legislation in seven states.

The ruling, which applies to Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota, found that only the U.S. attorney general is able to bring a suit under Section 2 of the Voting Rights Act.

The vast majority of Voting Rights Act claims are brought by private citizens and civil rights groups, who foot the bill for time-consuming litigation to protect voting rights. The Department of Justice, with limited staff and resources, typically brings just a small fraction of the cases fought nationally.

The ruling is sure to be challenged — likely to the U.S. Supreme Court — which has limited the voting law’s power significantly over the last decade.

“If this ruling were allowed to stand, it would decimate the Voting Rights Act,” Rick Hasen, an election law expert at the UCLA School of Law, said.

The U.S. Court of Appeals for the 8th Circuit ruled Monday that the Arkansas State Conference NAACP and the Arkansas Public Policy Panel could not challenge redistricting maps in Arkansas because Section 2 of the Voting Rights Act does not provide a “private right of action.”

The groups had sought to challenge Arkansas lawmakers’ redistricting in the state, where the Republican-controlled Legislature drew 11 majority-Black districts in the state’s 100-seat House of Representatives. The state is 16% Black.

The ruling, affirming a lower court’s dismissal of the case, goes against decades of precedent in which judges have assumed or specifically affirmed a private right of action under the Voting Rights Act.

“Since the original Arkansas opinion came down, I think there have been 15 decisions by other courts around the country about whether Section 2 includes a private right of action and all but one of held like, of course it does,” said Michael Li, a redistricting expert at the Brennan Center for Justice.

Li said he believes the ruling will be overturned on appeal, but it is currently the law of the land in seven states.

In addition to blocking the Arkansas groups from seeking additional voting rights for Black voters there, the ruling will overturn a recent win for Native American voters in North Dakota. A federal judge ruled last week that North Dakota state lawmakers had diluted two Native American tribes’ voting rights, violating Section 2 of the Voting Rights Act. Lawmakers were due to redraw state legislative maps before the end of the year.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Jiffy Lube oil change issues: Chicago area drivers say bad oil changes caused thousands of dollars in damage

Chicago Drivers Blame Jiffy Lube Oil Changes for Costly Engine Damage

CHICAGO (WLS) — The I-Team continues to hear from drivers facing repair…
BASE jumping accident kills 2 including extreme athlete Andy Lewis, who performed with Madonna at Super Bowl

Andy Lewis Among 2 Killed in BASE Jumping Accident; Madonna Super Bowl Performer Dead at 37

Two people were killed in a BASE jumping accident over the weekend…
Chicago shooting: Bicyclist shot, killed in Grant Park, police say

Grant Park Shooting: Bicyclist Fatally Shot in Chicago, Police Investigate

CHICAGO (WLS) — A 27-year-old man was fatally shot early Tuesday while…
Yum! Brands sells struggling Pizza Hut in $2.7 billion deal

Yum! Brands Strikes $2.7 Billion Deal to Sell Struggling Pizza Hut Unit

Yum! Brands announced Tuesday that it has agreed to sell Pizza Hut…
Chicago shootings this weekend: At least 10 shot, 2 fatally, in gun violence across city, police department says

Chicago Police Officer Shoots One Person in Uptown; Another Civilian Injured on West Argyle Street

Two people were seriously injured Monday evening in Chicago’s Uptown neighborhood, including…
California co-eds killed after being swept out to sea by dangerous waves while sleeping

California Co-eds Swept Out to Sea by Dangerous Waves While Sleeping, Authorities Say

Two California college students died after strong surf and rising tides swept…
8 people killed in B-52 bomber crash during 'routine test mission,' Edwards Air Force Base in Kern County, California confirms

8 Killed in B-52 Bomber Crash During Routine Test Mission, Edwards Air Force Base Confirms

EDWARDS AFB, Calif. (KABC) — Eight people were killed after an Air…
Savannah Guthrie reveals new details in mom’s disappearance that don’t add up as questions haunt case: expert

Nancy Guthrie Mystery Reveals Emerging Threat Catching Unsuspecting Americans Off Guard

A possible “wrench attack” motive is drawing increased attention in the Feb.…
Live explosive device found near Homeland Security office in Cleveland, forcing mass evacuations

Live explosive device discovered near Homeland Security office in Cleveland, prompting mass evacuations

Authorities evacuated a Homeland Security office near Cleveland on Monday after a…
Alderman Sigcho-Lopez believes explosion outside of his Pilsen, Chicago home was 'an act of political violence'

Chicago Alderman Sigcho-Lopez Calls Pilsen Home Explosion “Political Violence” in Shocking Chicago Incident

Chicago Ald. Byron Sigcho-Lopez says the explosion outside his Pilsen home over…
Luigi Mangione supporter working for far-left DC mayoral candidate likened to Mamdani

DC Mayoral Campaign Staffer Backing Luigi Mangione Sparks Fresh Mamdani Comparisons

Accused killer Luigi Mangione’s murder trial: Judge to address evidence, jury disputes…
Iran says the deal to end the war with the US requires Israel to withdraw from Lebanon

Iran Says Any US War-Ending Deal Hinges on Israel’s Withdrawal From Lebanon

DUBAI, United Arab Emirates — Fresh uncertainty is emerging over the still-unpublished…