Federal Court Overturns Crucial Section of Voting Rights Act

A federal appeals court on Monday issued a decision that threatens a foundational section of the Voting Rights Act, which allows private citizens to sue or bring up complaints arguing they were discriminated against in voting.

The ruling came from the 8th Circuit and can — and probably will — be appealed to the Supreme Court. The court ruled that only the federal government, and not individuals or activist groups, can sue under the Voting Rights Act.

The ruling originated from a legal dispute the Arkansas NAACP brought against the state's Board of Apportionment, claiming that a new redistricting plan would dilute "Black voting strength in violation of Section 2 of the Voting Rights Act."

In 2022, a district judge ruled that such a claim could only be brought forward by the Attorney General of the United States. On Monday, the ruling was upheld in a 2-1 vote.

"Did Congress give private plaintiffs the ability to sue under § 2 of the Voting Rights Act?" the document reads. "Text and structure reveal that the answer is no, so we affirm the district court’s1 decision to dismiss."

Advocates for this provision in the Voting Rights Act have argued that allowing individuals to sue is a foundation of the law, and ruling it unconstitutional nearly 60 years after passage would gut the landmark civil rights law.

"This radical 8th Circuit decision would essentially gut the remaining nationwide protections of the #VotingRightsAct by preventing anyone other than DOJ from enforcing them," Wendy Weiser, vice president for democracy at the Brenna Center, wrote on social media. "This is deeply wrong, and it goes against decades of precedent and practice."

Author and attorney Elie Mystal pointed out on his X account that the Supreme Court will likely reverse the ruling.

“This decision is a devastating blow to the civil rights of every American, and the integrity of our nation’s electoral system," said Barry Jefferson, political action chair of the Arkansas State Conference of the NAACP. "The Arkansas State Conference NAACP condemns this ruling in the strongest terms and will explore all available options to ensure that the rights of all voters are fully protected.”

The Voting Rights Act keeps voters from being discriminated against based on race, and was introduced in 1965. The new ruling limits the act by limiting who use it to make court challenges on whether voting rights have been impeded.