Ripple Effects After Radical Federal 8th Circuit Court of Appeals Ruling Restricting Who Can Bring Voting Rights Act Suits; Red State AGs Pile On

Brian Beihl

The American Democracy Minute Radio Report & Podcast for Dec. 15, 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.

We reported in November on the Eighth Circuit Court of Appeals decision restricting lawsuits based on the 1965 Voting Rights Act to be filed ONLY by the U.S. Attorney General, seen by most court watchers as radical and ignoring precedent.  But it’s already having ripple effects across the nation.

The Eighth Circuit ruled in the Arkansas racial gerrymandering case that there was “no private right of action” for voters or Democracy groups, and only the U.S. Attorney General could bring such a case.  Immediately after, North Dakota appealed a Native American VRA case on those grounds.  

Then on December 8th, 13 Republican attorneys general from an amicus brief in a similar VRA case where the Fifth Circuit mandated an additional Majority-Minority Congressional district in Louisiana. The AGs from Alabama, Alaska, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Montana, Nebraska, South Carolina, Texas and West Virginia want the Louisiana reheard in hopes it is dismissed on the same grounds.  

Citing 60 years of U.S. Supreme Court precedent, plaintiffs in the Arkansas case asked the Eighth Circuit December 11th for a rehearing.  Pay attention: 

This may be one of the most important voting rights cases in U.S. history, and could affect your right to vote, and to have proper representation.

We have more at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
American Redistricting Project – Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment
American Democracy Minute – Radical Federal Court of Appeals Ruling Deals Another Blow to Voters, Democracy Groups and the Voting Rights Act
Arkansas Advocate – (Commentary) Dismissal of Arkansas voting rights suit threatens democracy
Democracy Docket – Republican Attorneys General Attack Voting Rights Act in Latest Amicus Brief
Fifth Circuit Court of Appeals – BRIEF OF ALABAMA AND 12 OTHER STATES AS AMICI CURIAE IN SUPPORT OF DEFENDANTS-APPELLANTS’ PETITION FOR REHEARING EN BANC
Arkansas Times – Arkansas plaintiffs ask 8th Circuit to rehear voting rights case with national consequences
NPR – Civil rights groups appeal court ruling that threatens Voting Rights Act enforcement

Eighth Circuit Court of Appeals/Arkansas State Conference of the NAACP  – PETITION FOR REHEARING AND/OR FOR REHEARING EN BANC

Groups Taking Action:
Arkansas Public Policy Panel,  Arkansas State Conference NAACP, Brennan Center for Justice, League of Women Voters US,  ACLU

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#Democracy  #DemocracyNews #VotingRights #VRA #VoterSuppression #FairMaps #EndGerrymandering