A federal appeals court on Monday ruled that only the U.S. government, not private parties, can sue under a landmark civil rights law barring racial discrimination in voting, a decision that would significantly hamper usage of the Voting Rights Act to challenge ballot access, voting rules and redistricting. The ruling, which will likely be appealed, could set up the next voting rights battle at the U.S. Supreme Court.
Quick Read
- Ruling on Voting Rights Act Enforcement:
- A panel of the 8th Circuit Court of Appeals ruled 2-1 that private entities and groups, like the NAACP, cannot sue under Section 2 of the Voting Rights Act.
- This section prohibits discriminatory voting practices, including racially gerrymandered districts.
- Details of the Majority Opinion:
- Judges David R. Stras and Raymond W. Gruender, both appointed by Republican presidents, formed the majority.
- They argued that only the U.S. attorney general has enforcement authority under Section 2, as the law lacks specific wording allowing private lawsuits.
- Impact of the Decision:
- The decision affirmed a lower court’s dismissal of a case by the Arkansas NAACP and the Arkansas Public Policy Panel.
- It only affects federal courts in the 8th Circuit, including Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
- Dissenting Opinion:
- Chief Judge Lavenski R. Smith, dissenting, noted that federal and Supreme Court precedents have allowed private lawsuits under Section 2.
- He emphasized that voting rights should not rely solely on government enforcement for protection.
- Implications for Voting Rights Advocacy:
- Voting rights advocates are concerned this ruling could further weaken protections under the 1965 Voting Rights Act.
- The decision could impact various ongoing lawsuits challenging political maps across the U.S.
- Official Responses:
- The NAACP and the Arkansas Public Policy Panel have not commented on the ruling.
- The Justice Department also declined to comment.
The Associated Press has the story:
Federal appeals court ruling strikes at core of landmark Voting Rights Act
Newslooks- WASHINGTON (AP)
A divided federal appeals court on Monday ruled that private individuals and groups such as the NAACP do not have the ability to sue under a key section of the federal Voting Rights Act, a decision voting rights advocates say could further erode protections under the landmark 1965 law.
The 2-1 decision by a panel of the 8th Circuit Court of Appeals based in St. Louis found that only the U.S. attorney general can enforce Section 2 of the Voting Rights Act, which prohibits discriminatory voting practices such as racially gerrymandered districts.
The majority said other federal laws, including the 1964 Civil Rights Act, make it clear when private groups can sue said but similar wording is not found in the voting law.
“When those details are missing, it is not our place to fill in the gaps, except when ‘text and structure’ require it,” U.S. Circuit Judge David R. Stras wrote for the majority in an opinion joined by Judge Raymond W. Gruender. Stras was nominated by former President Donald Trump and Gruender by former President George W. Bush.
The decision affirmed a lower judge’s decision to dismiss a case brought by the Arkansas State Conference NAACP and the Arkansas Public Policy Panel after giving U.S. Attorney General Merrick B. Garland five days to join the lawsuit. Neither organization immediately returned messages seeking comment Monday.
Chief Judge Lavenski R. Smith noted in a dissenting opinion that federal courts across the country and the U.S. Supreme Court have considered numerous cases brought by private plaintiffs under Section 2. Smith said the court should follow “existing precedent that permits a judicial remedy” unless the Supreme Court or Congress decides differently.
“Rights so foundational to self-government and citizenship should not depend solely on the discretion or availability of the government’s agents for protection,” wrote Smith, another appointee of George W. Bush.
The ruling applies only to federal courts covered by the 8th Circuit, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. Meanwhile, several pending lawsuits by private groups challenge various political maps drawn by legislators across the country.
A representative for the Justice Department declined to comment.
