The American Democracy Minute Radio Report & Podcast for Nov. 22, 2023
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
A Nov. 20th federal appeals court decision ruled that only the U.S. Attorney General can bring a voting rights lawsuit under the Voting Rights Act. The decision, a radical departure from settled law, erects barriers to minority voters seeking fairness in federal court.
The 8th Circuit Federal Court of Appeals voted 2-1 to dismiss an Arkansas racial gerrymandering case, saying that there was no “private right of action” for voters, groups of voters or advocacy groups in challenges under Section 2 of the 1965 Voting Rights Act.
Democracy Docket reports that the ruling applies to states covered by the 8th Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. A ruling in the 5th Circuit earlier in November came to the opposite conclusion, and acknowledged the right of voters and groups to sue.
According to a filing in the Arkansas case, in the past forty years, there have been at least 182 successful VRA Section 2 cases. Of those 182 cases, only 15 were brought solely by the U.S. Attorney General.
The U.S. Supreme Court’s Milligan decision earlier this year was brought by voters and advocacy groups, suggesting that the 8th Circuit went rogue in its decision. But in the meantime, it may affect fair maps and proper representation for millions of African American voters.
We have links to the ruling and analysis at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
All About Redistricting – Background on Arkansas State Conf. NAACP v. Arkansas Board of Apportionment
Democracy Docket – 8th Circuit Rules Private Plaintiffs Cannot Sue Under Section 2 of Voting Rights Act
United States Court of Appeals For the Eighth Circuit – Arkansas State Conference NAACP v. Arkansas Board of Apportionment
Democracy Docket – Who Can and Cannot Sue To Protect Voters? It Depends on This Legal Concept
Politico – Federal appeals court ruling threatens enforcement of the Voting Rights Act
Groups Taking Action:
NAACP Arkansas State Conference, NAACP Legal Defense Fund, ACLU Arkansas, Arkansas Public Policy Panel, ACLU
Please follow us on Facebook and Twitter and SHARE!
Find all of our reports at AmericanDemocracyMinute.org
Want ADM sent to your email? Sign up here!
#Democracy #DemocracyNews #EndGerrymandering #VotingRightsAct #SCOTUS #ArkansasPolitics