WASHINGTON - A divided 8th Circuit Court of Appeals in St. Louis ruled Nov. 20 that private individuals and groups such as the NAACP do not have the ability to sue under a key section of the federal Voting Rights Act, a decision likely contradicts decades of precedent and may erode protections under the landmark 1965 law.
The 2-1 decision applies only to federal courts covered by the 8th Circuit, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
Meanwhile, several pending lawsuits by private groups challenge various political maps drawn by legislators across the country: Alabama, Florida, Georgia, Arkansas, Kentucky, Louisiana, New Mexico, South Carolina, Tennessee, Texas and Utah. New districts seem likely in New York and North Carolina, based on previous court actions.
The Justice Department filed a “statement of interest” in the case saying private parties can file lawsuits to enforce the Voting Rights Act but declined to comment on the ruling.
The 8th Circuit case may make its way to the U.S. Supreme Court, where the issue was raised in a 2021 opinion by Justice Neil Gorsuch. (The AP 11/20/23) Voting Rights Act: Court rules private plaintiffs can't sue | AP News
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