The United States Supreme Court has issued an order to temporarily block a decision from the U.S. Court of Appeals for the Eighth Circuit, which could have significantly impacted the enforcement of the Voting Rights Act. This move halts, for the time being, a ruling that limited the ability of private plaintiffs to use federal civil rights laws to assert claims under Section 2 of the Voting Rights Act (VRA), a provision designed to prevent racial discrimination in voting. The stay was granted to provide the plaintiffs, consisting of two Native American tribes and several individual voters, time to petition for a review of the appellate court’s decision.
The Eighth Circuit had previously reversed a federal judge’s ruling from Fargo, North Dakota, which required a revision of a 2021 state legislative map accused of diluting the voting power of Native Americans. The map eliminated two of the three districts where Native American voters could elect their preferred candidates. Despite an earlier ruling favoring the plaintiffs, the appellate court decided that private entities, such as the tribes involved, are not authorized to bring Section 2 claims under federal civil rights statutes.
The plaintiffs, including the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe, sought emergency intervention from the Supreme Court, arguing that the implementation of the lower court’s ruling could lead to “irreparable harm.” One factor contributing to this assertion was the potential disenfranchisement of an elected representative who may become ineligible if the contested district map were reinstated. Read more.
While Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch expressed opposition to halting the Eighth Circuit’s decision, the Supreme Court, through a brief, unsigned order, has opted to freeze the appellate court’s judgment until the case is reviewed. The decision to pause the ruling provides the plaintiffs an opportunity to argue their case and for the justices to potentially examine the case’s merits in detail. Learn more.