The American Democracy Minute Radio Report & Podcast for Dec. 27, 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. Be looking for another challenge in 2025.   

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 

The post Look for 2025 Conservative Challenges to a ‘Private Right of Action’ for Voting Rights Cases, Attempting to Dismantle the Voting Rights Act appeared first on American Democracy Minute.

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

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 #PrivateRightofAction #RacialGerrymandering #LouisianaNews #VRA #VotingRightsAct #FreedomtoVote

The post Federal 5th Circuit Refuses Challenge to ‘Private Right of Action’ – For Now.  It’s the New Battleground to Dismantle the 1965 Voting Rights Act appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for June 5, 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.

Is the U.S. Supreme Court aiming to take yet another chop at the 1965 Voting Rights Act?  An Arkansas redistricting case has been sent back to a lower court after last week’s new rules making it harder to prove racial gerrymandering. 

In another case, the federal 8th Circuit Court of Appeals ruled in November 2023 that individual voters could not bring a “private right of action” for voting rights cases.  Instead, such cases could only be brought by the U.S. Justice Department.  A request to rehear the case was denied in January.

Now, the U.S. Supreme Court has ordered the Congressional gerrymandering case to be reheard by a three-judge district court panel to apply new standards handed down in Alexander v. South Carolina NAACP.   Under the new SCOTUS rules, the plaintiffs will have to prove that the splitting of the 2nd Congressional district was done for racial, not political, reasons, and provide an alternate map which provides an acceptable balance.  In addition, the Arkansas voters will need to argue they indeed have a “private right of action” to bring the case.

Suspicious minds may argue that the U.S. Supreme Court’s conservative majority is playing chess, expecting to see the case on appeal, where the right of private action can be stripped from precedent and Voting Rights Act protections.

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

Today’s Links

Articles & Resources:
American Democracy Minute – (2023) Radical Decision by Appeals Court in Arkansas Case Greenlights North Dakota Appeal to Restore Maps Designed to Suppress Native American Voting Power
American Democracy Minute – Federal Appeals Court Denies Rehearing of Radical Arkansas Voting Rights Act Ruling Shutting Out Voters & Democracy Groups from Bringing Cases
ABC/AP – US Supreme Court sends Arkansas redistricting case back to judges after South Carolina ruling
Democracy Docket – US Supreme Court Punts Case Challenging Arkansas Congressional Map

SCOTUS Blog – Simpson v. Thurston

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

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

#Democracy  #DemocracyNews #ArkansasNews #VotingRightsAct #RacialGerrymandering #RightofPrivateAction

The post After Raising the Bar to Prove Racial Gerrymandering in South Carolina Case, the U.S. Supreme Court Reopens a 2022 Arkansas Redistricting Case appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Feb. 1, 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.

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

The post Federal Appeals Court Denies Rehearing of Radical Arkansas Voting Rights Act Ruling Shutting Out Voters & Democracy Groups from Bringing Cases appeared first on American Democracy Minute.

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

The post Radical Federal Court of Appeals Ruling Deals Another Blow to Voters, Democracy Groups and the Voting Rights Act appeared first on American Democracy Minute.