The American Democracy Minute Radio News Report & Podcast for May 20, 2026
May 18th, the U.S. Supreme Court returned two cases to lower courts which challenge Voting Rights Act provisions allowing an individual to sue for violations, called a “private right of action.” But the cases may return.
An 8th Circuit Appeals panel dismissed a 2023 Arkansas redistricting case because it said the VRA’s Section 2 did not give individuals or pro-voter groups a right to challenge racial gerrymandering, only the U.S. Justice Department. At the time, in the previous 40 years there have been at least 182 successful VRA Section 2 cases. Of those 182 cases, only 15 were brought solely by the Justice Department. The 8th Circuit’s decision had been considered fringe, since it ignored U.S. Supreme Court precedent upholding the private right of action.
The high court could have overturned the ruling May 18th, but instead ruled 8 to 1 to return the cases to the lower courts for “further consideration,” likely to see the cases again.
The two cases, a 5th Circuit challenge by African American voters in Mississippi, and another from the 8th Circuit by Native American voters in North Dakota, will be reviewed in light of April’s Callais case, striking down use of race in redistricting and making it harder to challenge racial discrimination.
We’ll be following this case closely. We have more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
U.S. Supreme Court – Turtle Mountain Band of Chippewa Indians v. Howe
U.S. Supreme Court – State Board of Election Commissioners v. Mississippi State Conference of the NAACP
North Dakota Monitor – US Supreme Court sends North Dakota tribal redistricting case back for review
NPR – The Supreme Court avoids taking up a fight over Voting Rights Act enforcement for now
Brennan Center for Justice – The Importance of Letting Voters Defend Their Rights in Court
Related ADM Reports:
American Democracy Minute – (2025) Native Nations Call on the U.S. Supreme Court to Uphold ‘Private Right of Action’ of Citizens to Bring Complaints Under the 1965 Voting Rights Act
American Democracy Minute – (2025) Can Individuals or Advocacy Groups Sue in Voting Rights Cases? The Magic 8th Circuit Ball Says ‘No’.
American Democracy Minute – (2023) Radical Federal Court of Appeals Ruling Deals Another Blow to Voters, Democracy Groups and the Voting Rights Act
Groups Taking Action:
Native American Rights Fund, Turtle Mountain Band, Spirit Lake Nation, Campaign Legal Center
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
Please follow us on Facebook, Instagram, and Bluesky Social, and SHARE!
Find all of our reports at AmericanDemocracyMinute.org
Subscribe for FREE at Apple Podcasts, Spotify and most podcasting platforms.
Are you a radio station? Find our broadcast files at Pacifica Radio Network’s Audioport and PRX
#NewsAlerts #AmericanDemocracy #Mississippi #NorthDakota #RacialGerrymandering #PrivateRightofAction #USSupremeCourt #SCOTUS #RacialDiscrimination