Can Individuals or Advocacy Groups Sue in Voting Rights Cases?  The Magic 8th Circuit Ball Says ‘No’.



The federal 8th Circuit Court appears intent to block redistricting and voting rights cases by individuals and advocacy groups.  July 29th, the 8th Circuit issued another finding that individuals and groups can’t sue using the Voting Rights Act.

This is the third such negative ruling on the “private right of action” in two years, but for the moment, it still only applies to the seven states in the 8th Circuit:   Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. 

In a 2023 Arkansas case, an 8th Circuit panel ignored decades of settled law and found that the Arkansas Conference of the NAACP and the voters it represented did not have standing to bring a complaint under VRA Section 2.  Instead, it gave the U.S. Justice Department the sole authority to bring Voting Rights Act complaints.   Legal scholars deemed it a fringe ruling because historically, 90% of voting rights cases are brought by individuals and advocacy groups. 

The July 29th decision involved a challenge by an Arkansas group which assists new citizens with voting.  An Arkansas voter suppression law barred the group from helping more than six citizens, though the Voting Rights Act Section 208 allows such assistance.

If appealed, it’s unclear whether the U.S. Supreme Court will stand on precedent, or back the 8th Circuit’s crusade against voting rights.

We’ve linked to the decision at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – (2023) Radical Federal Court of Appeals Ruling Deals Another Blow to Voters, Democracy Groups and the Voting Rights Act
American Democracy Minute – Eighth Circuit ‘Private Right of Action’ Ruling Temporarily Halted by Justice Kavanaugh in Case by North Dakota Tribal Nations
Brennan Center for Justice – The Newest Attack on the Voting Rights Act
Arkansas Advocate – US appeals court overturns ruling that said Arkansas law violated voting rights
8th Circuit Court of Appeals (via Democracy Docket)  – Arkansas United; L. Mireya Reith v. Arkansas

Groups Taking Action:

Arkansas United, Legal Defense Fund, ACLU, Arkansas State Conference of the NAACP, Arkansas Public Policy Panel

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State


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