Supreme Court to Decide on Private Enforcement of Voting Rights Act

The U.S. Supreme Court is set to determine whether private citizens can enforce the Voting Rights Act (VRA) following a ruling by the Eighth Circuit Court of Appeals that limited enforcement to government entities. This pivotal case arises from a petition filed by Native American voters and tribes, challenging the Eighth Circuit's decision that effectively stripped private litigants of their ability to sue under Section 2 of the VRA, which prohibits racially discriminatory voting practices.

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The Voting Rights Act, signed into law by President Lyndon B. Johnson in 1965, aimed to eliminate barriers to voting based on race or ethnicity. Section 2 of the VRA allows individuals to challenge discriminatory voting laws, a provision that has historically been enforced predominantly by private citizens. Since 1982, private plaintiffs have initiated over 86% of Section 2 cases. However, the Eighth Circuit's recent ruling marks a significant departure from this precedent, stating that only the federal government can enforce Section 2.

Constitution Daily

If the Supreme Court upholds the Eighth Circuit's ruling, it would represent a substantial rollback of voting rights, potentially eliminating the primary avenue for voters and advocacy groups to contest gerrymandering and discriminatory voting laws. This outcome would echo the implications of the 2013 Shelby County v. Holder decision, which significantly weakened the VRA's preclearance requirements.

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In their petition, the Native American voters argue that the Eighth Circuit's ruling contradicts the intent of Congress when enacting the VRA. They emphasize that the Department of Justice lacks the resources to adequately replace the role of private litigants in enforcing voting rights. The petition highlights a circuit split, noting that other federal courts, including the 5th, 6th, and 11th Circuits, have consistently upheld the right of private citizens to enforce Section 2.

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Critics of the Eighth Circuit's ruling, including voting rights advocates, warn that limiting enforcement to government entities would effectively nullify Section 2's protections. They argue that the federal government does not have the capacity to pursue all potential violations, leaving many discriminatory practices unchallenged. The League of Women Voters has described the implications of the case as "massive" for voting rights and democracy.

Constitution Daily

While the Eighth Circuit's decision has been met with significant opposition, the legal landscape remains complex. The Supreme Court's upcoming decision will clarify the enforceability of Section 2, but the potential for conflicting interpretations across different circuits raises concerns about uniformity in voting rights protections.

Democracy Docket

“Section 2 is, and always has been, enforced primarily by private litigants,” — Petition from Native American voters and tribes

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“massive implications for voting rights and democracy.” — League of Women Voters statement

Constitution Daily

The Supreme Court has already indicated the urgency of this case by pausing the Eighth Circuit's ruling, allowing private enforcement to continue in several states while deliberations proceed. The court's decision, expected in the upcoming term, will have far-reaching consequences for the enforcement of voting rights across the United States.

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