Eighth Circuit Ruling Narrows Voting Rights Act Protections
A recent decision from the Eighth Circuit Court of Appeals has restricted the ability of voters in seven states to file lawsuits against racial discrimination under the Voting Rights Act of 1965. The court’s 2-1 ruling seems to contradict both the intentions of Congress and numerous precedents set by the Supreme Court. This decision impacts voters across the Midwest, including Native communities who have historically faced significant voting discrimination.
The case in question, Turtle Mountain Band of Chippewa Indians v. Howe, involved Native American voters contesting a legislative map in North Dakota, drawn in 2021, as racially biased. The Turtle Mountain Band of Chippewa, the Spirit Lake Tribe, and individual voters alleged that the map violated their voting rights under Section 2 of the Voting Rights Act and Section 1983 of federal law.
Historically, individuals and groups have been able to file lawsuits under Section 2 of the Voting Rights Act to challenge discriminatory policies and voting practices. This has been accepted practice for nearly six decades, supported by numerous court decisions, congressional records, and Supreme Court rulings. Since 1982, hundreds of cases have been brought under this section, highlighting the critical role of private enforcement in protecting voting rights.
Despite this extensive support, the Eighth Circuit recently embraced a perspective suggesting that because Section 2 does not explicitly mention a “private right of action,” individuals and groups should not be able to file lawsuits under it. This view was rejected by other conservative appellate courts, such as those in the Fifth and Eleventh Circuits, which have upheld the right to sue under Section 2.
Furthermore, the Eighth Circuit’s latest ruling has closed the remaining avenue for individual lawsuits under Section 1983, determining that Section 2 does not establish an individual right. This decision contrasts with previous Supreme Court interpretations that recognized voting rights under the Voting Rights Act.
While the Department of Justice retains the ability to file Section 2 cases, the majority of these lawsuits have historically been initiated by private citizens and organizations, accounting for nearly 93% over the past 40 years. The Department of Justice itself has acknowledged that it relies heavily on citizen-led lawsuits due to limited resources.
The implications of this ruling are significant for states such as Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, where state and local politicians now face fewer restrictions under Section 2 regarding racial discrimination in voting. Native communities, in particular, have benefitted from previous Section 2 cases that led to fairer electoral maps and improved access to voting.
The Eighth Circuit’s decision stands in opposition to well-established legal principles and threatens to undermine protections against voting discrimination. Efforts are needed to reverse this decision and ensure robust protections under the Voting Rights Act, potentially through legislative measures such as the proposed John R. Lewis Voting Rights Advancement Act, which aims to modernize and strengthen the Act’s provisions.
