Federal 5th Circuit Refuses Challenge to ‘Private Right of Action’ – For Now.  It’s the New Battleground to Dismantle the 1965 Voting Rights Act

Brian Beihl

The American Democracy Minute Radio Report & Podcast for June 28, 2024

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 2023 decision in an Arkansas redistricting case found individual voters did not have a “private right of action” to challenge the maps. The State of Louisiana tried the same tactic in its chaotic gerrymandering case, but was refused on June 24th. It appears to be the latest legal strategy to dismantle the 1965 Voting Rights Act.   

Defying precedent, the 8th Circuit Court of Appeals held in a 2023 Arkansas racial gerrymandering case that individual voters do not have a “private right of action” under the VRA Section 2.  It said only the U.S. Justice Department could bring such cases, despite individuals having filed  90% of previous challenges.  Calling it “radical,” scholars expected it to be quickly overturned, but this January, the full 8th Circuit refused to rehear the case. 

Seeing an opening, Louisiana asked the full 5th Circuit to rehear its gerrymandering case on the same grounds, with 13 other Republican attorneys general urging a “no private right of action” decision.  In a close vote Monday, the 5th Circuit refused that rehearing.  

For now, the 8th Circuit decision still only affects Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. But it’s clear that private right of action is the new battleground for voting rights challenges, and will almost certainly reach the U.S. Supreme Court.

We’ve  linked to explainers on the private right of action at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Brennan Center for Justice – The Newest Attack on the Voting Rights Act
Law360 – 8th Circ. Redistricting Ruling Imperils The Voting Rights Act
Congressional Research Service – Recent Developments in the Rights of Private
Individuals to Enforce Section 2 of the Voting
Rights Act
American Democracy Minute – Ripple Effects After Radical Federal 8th Circuit Court of Appeals Ruling Restricting Who Can Bring Voting Rights Act Suits; Red State AGs Pile On
American Democracy Minute – Federal Appeals Court Denies Rehearing of Radical Arkansas Voting Rights Act Ruling Shutting Out Voters & Democracy Groups from Bringing Cases
Democracy Docket – 5th Circuit Denies Louisiana Hearing on Whether Voters Can Sue State Under Section 2

Groups Taking Action:
NAACP Legal Defense Fund, ACLU Louisiana,  Power Coalition for Equity and Justice,  Arkansas Public Policy Panel

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#Democracy  #DemocracyNews #PrivateRightofAction #RacialGerrymandering #LouisianaNews #VRA #VotingRightsAct #FreedomtoVote