The U.S. Court of Appeals for the Eighth Circuit has recently decided that private parties cannot sue to enforce Section 2 of the Voting Rights Act, marking this ruling as a first impression of its kind. According to the court’s decision, suits to enforce Section 2 can only be initiated by the U.S. Attorney General. The ruling was put forth by Judge David R. Stras, joined by Judge Raymond W. Gruender, while Chief Judge Lavenski R. Smith issued a dissenting opinion.
The case in question, Arkansas State Conference NAACP v. Arkansas Board of Apportionment, stemmed from the 2021 redistricting plan for the Arkansas House of Representatives. The plaintiffs filed their lawsuit on the same day the redistricting plan came into legal effect. They claimed that the plan violated Section 2 of the Voting Rights Act by diluting Black voting strength. This section of the Act prohibits the denial or abridgment of any U.S. citizen’s right to vote based on race or color.