A federal appeals court has upended long-standing precedent governing cases alleging voter discrimination with a startling ruling. According to the decision, only the federal government is able to file these kinds of lawsuits in accordance with the Voting Rights Act. The ACLU and its supporters are outraged by this sudden move and call it a “travesty to democracy.” Furthermore, anyone looking to contest election results on the grounds of prejudice will now face a formidable obstacle as a result of this ruling.
A three-judge panel on the 8th Circuit Court of Appeals rendered a key decision in an Arkansas case that involved allegations of discrimination against black voters by Republicans. Significant organizations like the ACLU, NAACP, and other liberal groups will no longer be allowed to file voter discrimination lawsuits in a number of states, including North Dakota, South Dakota, Nebraska, Arkansas, Iowa, Minnesota, and Missouri. This decision has far-reaching effects. Following the 2020 census, the preservation of voting rights will be shaped by this choice.
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A recent judgment by the 5th Circuit Court of Appeals contradicts a prior rule and limits the capacity of private groups to file challenges related to voting rights. This contradicts the decision made by other appellate courts.
For decades, “the Supreme Court and lower courts have for decades allowed such cases to be brought” according to electoral law expert Rick Hasen, by private organizations. He continues, citing the disparate rulings from the appellate courts, “it is almost inevitable that the Supreme Court will have to weigh in here.”
The plaintiffs in the 8th Circuit case now have two choices: they can go directly to the Supreme Court without first petitioning the whole appeals court for a review. The Supreme Court is now in the midst of its oral argument season. Should they choose to hear the case, a decision would likely be made in June or July of 2024. This may have a significant effect on the 2024 election season. At the moment, Neil Gorsuch and Clarence Thomas, two conservative judges, have stated that they are in favor of limiting voter discrimination cases to the federal government. Republicans, who controlled redistricting in 41% of districts, would stand to gain a significant deal if the other three conservative justices on the court concur. Democrats, on the other hand, dominated the process in just 11% of the districts; independent commissioners, courts, or divided control oversaw the other districts.
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A recent ruling by the Supreme Court found Alabama Republicans guilty of unfairly redistricting their state will be eagerly watched by watchers of the legal system. Despite the fact that there are 27% Black people in the state, this choice was made. The NAACP and individual voters filed the action, demonstrating the court’s prior support of litigation brought by private groups.
