A federal appeals court ruled Monday that individuals cannot sue state governments for violating Section 2 of the Voting Rights Act.
Section 2 of the Voting Rights Act of 1965 (VRA) Forbidden Many states have gone from gerrymandering districts based on race. voters — with support from left-wing nonprofits — filed a lawsuit in federal court to overturn the Republican-led state boundaries. On Monday, the U.S. Court of Appeals for the Eighth Circuit control Section 2 of the law does not create a “private right of action” that would allow electors to sue the state. (Related: Republicans could lose more House seats due to Supreme Court redistricting decision)
“The Voting Rights Act states that there is only one plaintiff who can enforce Article II: the Attorney General,” Trump-appointed Judge David Strass wrote in the majority opinion, writing in George W. Judge Raymond Gruder, a Bush appointee, also joined.
Case, NAACP Arkansas State Conference v. Arkansas State Apportionment Boardsought to challenge the state’s congressional map over alleged racial gerrymandering of voters in several parts of the state. The judgment affirms the district order dismissing the plaintiffs’ lawsuit, but modifies it to dismiss with prejudice.
In 2023 alone, lawsuits focused on the VRA using Section 2 have been used to obtain rulings seeking to replace Republican-drafted district maps in Louisiana and Alabama, and in Georgia and Alabama. Other efforts are underway in South Carolina. These states are Republican-led, and the Supreme Court’s precedent in Allen v. Milligan suggests that newly drawn district maps could lead to the creation of new majority-black congressional districts. Yes, experts told the Daily Caller News Foundation that this is the case as well. to a Democratic-leaning district.
The Eighth Circuit’s decision applies only to VRA cases within its jurisdiction. jurisdictioncovering North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri, and Arkansas.
Although this decision does not preclude left-wing plaintiffs from filing lawsuits against state governments, the opinion affirms that voters may have the right to bring private lawsuits based on the following provisions: are doing. 42 USC § 1983 The text of the opinion says it would allow people to sue the federal and state governments for violating their constitutional rights.
The Biden administration also simple It asked the court in April 2022 to allow the lawsuit to proceed.
The plaintiffs did not respond to requests for comment.
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