SCOTUS Let Stand an 8th Circuit Decision Disallowing a ‘Private Right of Action’ in Voting Rights Cases. It May Be the Next VRA Domino to Fall



The U.S. Supreme Court let stand a case from the 8th Circuit Court of Appeals June 22nd which takes another step toward striking down a “private right of action” for Voting Rights Act cases.  For the moment, it impacts only seven states, but it may be the next VRA domino to fall.

In 2023, the 8th Circuit Court overturned a 2023 Arkansas redistricting case, ignoring years of precedent and ruling that only the U.S. Justice Department had authority to bring VRA cases.  Historically, individual voters and pro-democracy groups brought 90% of VRA cases.

It applied only to Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota, and legal scholars considered it a radical opinion.  A similar argument in the 5th Circuit was rejected.

The latest case, also from Arkansas, concerns a state law limiting assistance to voters who are disabled or have limited language skills.  The 8th circuit again ruled the voters did not have standing under the VRA’s Section 2, and June 22nd, the U.S. Supreme Court let the case stand. 

Pro-democracy groups argue that Congress clearly reaffirmed the private right of action when it updated the Voting Right Act in 1982.  But in 2021’s Brnovich v. DNC, Justices Neil Gorsuch and Clarence Thomas questioned whether such a right existed.  Expect more cases testing this precedent.

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

Today’s Links

Articles & Resources:

U.S. Supreme Court –  Decline of 8th Circuit’s ARKANSAS UNITED, ET AL. V. THURSTON
U.S. 8th Circuit  Court of Appeals – ARKANSAS UNITED, ET AL. V. THURSTON
MALDEF (via Democracy Docket) – (2023) ARKANSAS STATE CONFERENCE NAACP v ARKANSAS BOARD OF APPORTIONMENT, ET AL.,
NPR – Supreme Court allows a ruling that ends a tool to protect minority voters in 7 states


Related ADM Reports:

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
American Democracy Minute – (2025) Eighth Circuit ‘Private Right of Action’ Ruling Temporarily Halted by Justice Kavanaugh in Case by North Dakota Tribal Nations
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:
Arkansas UnitedNative American Rights Fund

Register or Check Your Voter Registration:

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


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