Story perspectives

Supreme Court Sends Back ND Tribal, Mississippi Voting Cases

5/19/2026

Center

Supreme Court Rehearses

Supreme Court sent North Dakota tribal redistricting and Mississippi state-legislature cases back for rehearing after its April Callais decision.
Two high-profile Voting Rights Act cases were sent back to lower courts, leaving the private right of action under Section 2 unresolved.
The private right of action has been used in more than 96 % of Section 2 cases.
Justice Ketanji Brown Jackson dissented, with Lenny Powell and Governor Tate Reeves praising the decision.

Left

Supreme Court Weakens

The Supreme Court’s remand threatens to further weaken the Voting Rights Act’s civil-rights protections.
The Court sent two Voting Rights Act lawsuits back to lower courts, leaving the private-right-to-sue question unresolved.
Justice Ketanji Brown Jackson dissented, arguing the Court should have left the lower rulings intact.
President Donald Trump’s Justice Department showed little interest in enforcing the Act and pushed narrowing.

Blindspot

Left coverage gave less weight to the reactions of Native American Rights Fund attorney Lenny Powell and Mississippi Governor Tate Reeves, which the Center summary highlighted.
Left coverage omitted the Center’s detail that private voters have been able to bring Section 2 actions in more than 96 % of past cases.

History

Historical Context

In 2013 the Supreme Court, in a 5-4 opinion by Chief Justice John Roberts, struck down Section 4(b) of the Voting Rights Act, ending the coverage formula that triggered preclearance under Section 5. The Obama-era Department of Justice warned the move would erode minority voting protections, and studies show nearly 1,000 polling places closed within five years. The private-right-to-sue now hampers challenges in North Dakota and Mississippi.

1 of 4

Supreme Court Rehearses

Supreme Court sent North Dakota tribal redistricting and Mississippi state-legislature cases back for rehearing after its April Callais decision.
Two high-profile Voting Rights Act cases were sent back to lower courts, leaving the private right of action under Section 2 unresolved.
The private right of action has been used in more than 96 % of Section 2 cases.
Justice Ketanji Brown Jackson dissented, with Lenny Powell and Governor Tate Reeves praising the decision.

1 / 4