The American Democracy Minute Radio News Report & Podcast for July 23, 2025
In May, the 8th Circuit Court of Appeals ruled that individuals, in this case Native Americans, do not have a “private right of action” in voting rights cases. An emergency stay was granted July 22nd, and it’s likely headed to the U.S. Supreme Court.
In 2021, the Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe and individual Native voters negotiated with the State of North Dakota to create voting districts which didn’t dilute Native voting power. But after a 2023 8th Circuit decision in Arkansas, the State of North Dakota reneged on its deal with the tribes. That decision said only the U.S. Justice Department – not individual voters – could bring suits to enforce the provisions of the 1965 Voting Rights Act. In actuality, since 1965, individuals brought 90% of VRA cases.
May 14th, a three-judge panel affirmed that individual voters cannot bring VRA cases – but it applies only in the 8th Circuit. July 15th, the Turtle Mountain Band, Spirit Lake Tribe and individual Native voters asked for an emergency stay from Justice Brett Kavanaugh, pending a full U.S. Supreme Court appeal request. The stay was granted July 16th.
On one hand, decades of precedent allow individuals to bring such VRA cases. But this high court’s conservative majority often ignores precedent, and seeks ways to neutralize VRA protections for minority voters.
We have more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
American Democracy Minute – (2023) Ripple Effects After Radical Federal 8th Circuit Court of Appeals Ruling Restricting Who Can Bring Voting Rights Act Suits; Red State AGs Pile On
Brennan Center for Justice – The Newest Attack on the Voting Rights Act
American Democracy Minute – (2024) Look for 2025 Conservative Challenges to a ‘Private Right of Action’ for Voting Rights Cases, Attempting to Dismantle the Voting Rights Act
U.S. Supreme Court – EMERGENCY APPLICATION TO STAY THE EIGHTH CIRCUIT’S
MANDATE PENDING PETITION FOR WRIT OF CERTIORARI
U.S. Supreme Court – Petition Granted by Justice Brett Kavanaugh
Courthouse News – Kavanaugh pauses major voting rights fight over tribal vote dilution in North Dakota
Groups Taking Action:
Native American Rights Fund, Turtle Mountain Band, Spirit Lake Nation
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – Register And Vote in Your State
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