Supreme Court Ends Key Minority Voter Protection Tool in Seven States

Ekhbary News Agency | May 15, 2024

The U.S. Supreme Court delivered another blow to the Voting Rights Act by declining on Monday to review a lower court ruling. This decision leaves in place a 2025 appeals panel ruling that, for all intents and purposes, ends a long-standing tool designed to protect minority voters from discrimination in seven predominantly Midwestern states.

Impact on Private Right of Action

The 8th U.S. Circuit Court of Appeals' ruling found that in states under its jurisdiction—Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—private individuals and groups lack the right to sue to enforce Section 208 of the Voting Rights Act. This section generally permits voters with disabilities or those unable to read or write to receive assistance from a person of their choice when casting ballots.

Legal Precedent and Future Implications

This move by the Supreme Court follows closely on the heels of another major ruling two months prior that further weakened the Voting Rights Act, sparking widespread redistricting efforts. Historically, lawsuits by private individuals and groups have been crucial for enforcing these sections. However, a novel legal argument, gaining traction since Justice Neil Gorsuch's 2021 opinion, contends that only the U.S. attorney general should have the right to bring such lawsuits. This interpretation would likely lead to a dramatic decline in voting rights litigation due to the Justice Department's limited resources and shifting priorities, raising significant questions about the future of voter protection mechanisms.