Federal Appeals Court Denies Rehearing of Radical Arkansas Voting Rights Act Ruling Shutting Out Voters & Democracy Groups from Bringing Cases



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.

In Nov. 2023, an 8th Circuit Federal Court of Appeals upheld a lower court’s radical ruling that Arkansas voters did not have the right to sue under the 1965 Voting Rights Act.  Despite being widely panned as a fringe ruling, the 8th Circuit refused to re-hear the case January 30th.  

The Arkansas State Conference of the NAACP and the Arkansas Public Policy Panel, represented by the ACLU, contested racially gerrymandered state house  maps under the Voting Rights Act Section 2.  

In 2022, an 8th Circuit federal district court ignored decades of “private right of action” precedent allowing voters, civil rights groups and democracy advocates to bring suits to protect the rights of voters.  The court restricted standing to only the U.S. Department of Justice, though for the moment, it applies only to states in the 8th Circuit:  Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.   

The decision started a chain reaction in the 8th circuit and other districts, with anti-voter state officials attempting to re-open VRA cases they had lost, including in North Dakota and Louisiana.  Other district courts refused those requests. 

Taking the case to the U.S. Supreme Court would likely be a gamble, given the willingness of the court’s most conservative and radical justices to gut the Voting Rights Act. 

We have more on the case, and the groups taking action, at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Democracy Docket – Arkansas Legislative Redistricting Challenge
ACLU – (2023) FEDERAL APPEALS COURT UPHOLDS RADICAL RULING IN ARKANSAS REDISTRICTING CASE
Democracy Docket – 8th Circuit Rules Private Plaintiffs Cannot Sue Under Section 2 of Voting Rights Act

Arkansas Advocate – Federal appeals court won’t rehear closely watched Arkansas redistricting case
U.S. Court of Appeals for the 8th Circuit – Opinion in Arkansas State Conference NAACP and Arkansas Public Policy Panel   v.  Arkansas Board of Apportionment
NPR – A federal court declines to revisit a ruling that could weaken the Voting Rights Act

Groups Taking Action:
ACLU, Arkansas State Conference of the NAACP, Arkansas Public Policy Panel


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!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #VotingRightsAct #PrivateRightofAction #Arkansas #EightCircuit #RacialGerrymandering