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

Bullet stuck in head of Florida girl after stray gunfire rips through McDonald's parking lot

Florida Girl Has Bullet Lodged in Head After Stray Gunfire Hits McDonald’s Parking Lot

An 11-year-old girl and her father were injured after gunfire broke out…
UEFA says decision by FIFA to let U.S. forward play at World Cup is 'incomprehensible'

UEFA Slams FIFA’s “Incomprehensible” Decision to Clear U.S. Forward for World Cup

One of the most explosive disputes in the World Cup’s 96-year history…
Pregnant NYC teacher kicked in belly by student, then blamed for it and fired, lawsuit alleges

Lawsuit Claims Pregnant NYC Teacher Was Fired After Student Kicked Her in the Stomach

A pregnant special-education teacher in New York City says she was kicked…
FBI has no reason to believe Nancy Guthrie ransom notes are genuine: expert

FBI Skeptical of Nancy Guthrie Ransom Notes’ Authenticity, Expert Says

The FBI appears to be keeping its options open as it examines…
Biden's illegal immigration surge triggered rise in home, rent prices: Fed paper

Fed Paper Links Biden-Era Undocumented Immigration Surge to Higher Housing and Rent Costs

A newly released working paper from the Federal Reserve suggests that the…
BJ’s roof collapse traps shoppers inside New Jersey store as rescue crews search damaged building

Roof Collapse at New Jersey BJ’s Traps Shoppers as Rescue Crews Search Store

A major emergency response unfolded Monday in Monmouth County, New Jersey, after…
Hundreds of Patriot Front Demonstrators Hit DC's July 4 Celebration and Minds Are Blown

Hundreds of Patriot Front Members March in DC During July 4 Celebrations, Sparking Shock Online

As Americans spent Independence Day marking time with family, friends, and the…
Teen with no arms or legs chases dream of running in the Paralympics

Teen Born Without Arms or Legs Pursues Paralympic Running Dream

A Pennsylvania teenager is pushing past extraordinary challenges after losing both legs…
Zelenskyy pressures US and Europe for more 'air defense' assistance amid ongoing war with Russia

Zelenskyy Urges U.S. and Europe to Boost Air Defense Support as Russia’s War Continues

Former NATO ambassador credits Trump for historic NATO defense spending Former U.S.…
Golden State Tree Service owner headed to trial on child rape and molestation charges

Golden State Tree Service Owner to Stand Trial on Child Rape and Molestation Charges

A local business owner is set to face trial next month after…
Neighbor arrested after girl, 11, vanishes on Lake Erie and another male passenger found dead

Neighbor Arrested as 11-Year-Old Girl Remains Missing on Lake Erie and Man Is Found Dead

An Ohio woman has been arrested after an 11-year-old girl disappeared during…
3 NYC residents died from heat during last week's scorcher, new figures show

NYC Heat Wave Death Toll Rises as Officials Confirm 3 Residents Died in Last Week’s Scorcher

Three people in New York City died during last week’s dangerous heat…