On Politics

Tue Nov 21 2023

Karissa Waddick | 2024 Campaign Reporter

@KarissaWaddick

Hey there OnPolitics readers! Another voting rights case could be heading to the Supreme Court – this time over who can file suit under the Voting Rights Act.

The St. Louis-based U.S. Court of Appeals for the 8th Circuit found in a 2-1 ruling Monday that only the U.S. Attorney General is authorized to sue states and municipalities under Section 2 of the law, which prohibits discriminatory voting practices on the basis of race, color or other protected characteristics. The ruling bars groups like the NAACP from asking the courts to enforce the law.

Why does it matter? The decision is likely to be appealed to the high court and, if allowed to stand, could severely undermine enforcement of the 1965 law, John Fritze reports.

Currently, the ruling applies to seven states, including Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.

The high court's voting rights track record: The appeals decision comes less than six months after the Supreme Court ruled 5-4 , in a major Section 2 case from Alabama, that race should be a considered factor in the drawing of congressional maps.

But other recent decisions by the high court have eroded protections that previously had been part of the law, signaling that Monday's ruling may be difficult to overcome. A 2021 decision upheld an Arizona law prohibiting advocacy groups from collecting mail-in-ballots. And a landmark 2013 ruling found it unconstitutional for the Justice Department to review election laws in states with a history of racism.