Appeals court limits ability to challenge voting rights act in court.

On November 20th, a federal appeals court drastically changed decades of legal precedent when it ruled that only the U.S. Attorney General has the right to bring lawsuits related to the Voting Rights Act. This 2-1 split decision from the 8th Circuit Court of Appeals was spurred by the ambiguity in the law regarding private individuals and organizations like the NAACP being able to take legal action.

The case in question revolved around Section 2 of the Voting Rights Act which ensures voting districts are in place to give minority populations a chance to elect preferred candidates. Two Black voters in North Carolina attempted to sue the state, claiming their right to elect their preferred candidates was taken away by the new electoral map.

The Republican-controlled senate in North Carolina had created the map which supposedly did not take race into account. Senate Minority Leader Dan Blue accused the map of being an exercise in “cracking and packing”. Cracking refers to the practice of diluting the voting power of the opposing party across districts, while packing is shorthand for concentrating voting power in a few districts to compensate for the lack of voting power on other districts.

The court’s ruling was written by Judge David R. Stras, a Trump appointee. He wrote that it was not the court’s place to fill in the gaps when details are missing, except when the “text and structure” of the law requires it. However, Chief Judge Lavenski R. Smith, a Bush appointee, wrote in a dissenting opinion that unless Congress or the Supreme Court intervenes, the court should follow the precedent that already exists.

The Justice Department has filed a statement of interest in the case, noting that private parties can indeed file lawsuits to ensure the Voting Rights Act is followed, and it is likely this case will be heard by the Supreme Court. The ACLU and Congressional Black Caucus have called on the Supreme Court to review the court’s ruling, emphasizing the importance of citizens having the right to file lawsuits under Section 2 of the Voting Rights Act.

This ruling has caused a great deal of controversy as it directly affects the ability of minority populations to have a say in the political process. It is now in the hands of the Supreme Court to decide if the ruling will stand or if the precedent set by earlier decisions will be upheld.

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