Federal Court Rules Mississippi Legislative Maps Must be Redrawn.

Federal Court Rules Mississippi Legislative Maps Must be Redrawn.

Mississippi's 2022 state legislative districts must be redrawn after a three-judge federal panel declared three districts violated Section 2 of the Voting Rights Act. The case is Mississippi State Conference of the NAACP v. State Board of Election Commissioners. Read the opinion and order here. While plaintiffs in this case were suing for an additional four senate districts and three house districts, the court concluded that only two senate and one house district met the requirements for a remedy under Section 2 of the Voting Rights Act: "We find that three of the illustrative senate and house districts reflect minority…
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8th Circuit Becomes the First to Deny Private Litigants Standing to Sue Under Section 2 of the Voting Rights Act

8th Circuit Becomes the First to Deny Private Litigants Standing to Sue Under Section 2 of the Voting Rights Act

This Arkansas State Conference of the NAACP has decided against appealing an 8th Circuit ruling that individuals have no standing to sue under Section 2 of the Voting Rights Act. The ruling comes after decades of court cases that have allowed private litigants to sue under the Act. First a little background: Who Can Sue Under the Voting Rights Act Section 2 of the Voting Rights Act (VRA) (found at 52 U.S.C. § 10301) prohibits discrimination in voting based on race, color, or membership in an enumerated language minority group. Since its enactment, courts have assumed that private citizens and…
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Pennsylvania: Justice Department Files Statement of Interest Supporting Individuals’ Right to Sue Under Voting Rights Act of 1965

Pennsylvania: Justice Department Files Statement of Interest Supporting Individuals’ Right to Sue Under Voting Rights Act of 1965

Press Release: May 2, 2024 SCRANTON – The Justice Department announced that it has filed a statement of interest in the U.S. District Court for the Middle District of Pennsylvania supporting the right of private plaintiffs to bring a lawsuit to enforce Section 2 of the Voting Rights Act. This filing is one of many recent briefs by the Justice Department supporting the longstanding principle that private plaintiffs are authorized to bring lawsuits to vindicate important rights protected by the Voting Rights Act. “The right to vote is the foundation of our democracy, and it is the right on which…
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Justice Department Launches Updated Voting Rights and Elections Website

Justice Department Launches Updated Voting Rights and Elections Website

Press Release: April 18, 2024 New and Updated Voting Rights Resources for Voters and Election Officials Released The Justice Department announced today that it has updated www.justice.gov/voting, a one-stop resource providing voting and elections information for voters as well as state and local elections officials. As part of the update, the Civil Rights Division published two new informational guides on voting rights and updated five other guides. The Department’s longstanding practice is to update resources and provide information in election years on the efforts of the Civil Rights Division, Criminal Division, National Security Division, and U.S. Attorneys’ Offices throughout the country,…
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Georgia Redistricting Update (Jan. 10, 2024)

Georgia Redistricting Update (Jan. 10, 2024)

On October 26, 2023, a U.S. District Court ordered Georgia's legislative and congressional districts to be redrawn before the 2024 election. The legislature had passed those maps in 2021 following the 2020 census. The litigation includes three sets of plaintiffs and the court ultimately found that the legislature's maps violated Section 2 of the Voting Rights Act. Among other findings, the court noted convincing evidence that the political process in Georgia was not equally accessible to Black voters when compared to their White counterparts. This being the case, the prophylactic measures prescribed in Section 2 of the Voting Rights Act were necessary…
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Watch: George Wash. University’s Peyton McCrary Discusses Voting Rights, Alabama, and SCOTUS on C-SPAN

Watch: George Wash. University’s Peyton McCrary Discusses Voting Rights, Alabama, and SCOTUS on C-SPAN

From CSPAN.org's Washington Journal: Peyton McCrary on the Supreme Court and Voting RightsOn Monday, Peyton McCrary discussed the impact of the Supreme Court’s 5-4 decision on Allen v. Milligan, which upheld Section 2 of the Voting Rights Act. The challenge was brought by minority voters in Alabama following the redrawing of the state's congressional districts after the 2020 census. McCrary, now a professorial lecturer at George Washington University Law School, retired as a historian in the Civil Rights Division of the United States Department of Justice in 2016. Since leaving government service, he has testified as an expert witness in…
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U.S. Supreme Court Makes “Surprise” Decision Striking Alabama’s Congressional Map

U.S. Supreme Court Makes “Surprise” Decision Striking Alabama’s Congressional Map

On Thursday the U.S. Supreme Court upheld an Alabama District Court's preliminary injunction against the state's 2021 Congressional map on grounds that it diluted the votes of Black voters in the state in violation of Section 2 of the Voting Rights Act. The 5-4 decision ensures that Alabama's 7 district congressional map, which included only one with a majority of Black voters - will have to be redrawn to include an additional minority Black district. African Americans make up more than a quarter of the state’s population. The decision has implications for Georgia, Louisiana, and Texas as well. It is…
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U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

On Tuesday, Oct. 4, the US Supreme Court heard oral arguments in Merrill v. Milligan regarding Alabama Congressional Redistricting. Listen to the Oral Argument on YouTube. Last January, a three-judge district court in Alabama had agreed that the state’s new congressional map likely violated Section 2 of the Voting Rights Act. A divided Supreme Court temporarily blocked that ruling in February and after nearly two hours of oral argument on Tuesday, the justices appeared inclined to permanently set aside the district court’s ruling according to Amy Howe of SCOTUSblog. The crux of the state of Alabama's argument is that the…
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U.S. Supreme Court Sides with Alabama in Voting Rights Act Case Against its Congressional Map, Issues a Stay Order.

The U.S. Supreme Court on Monday announced that it will allow Alabama to hold elections under its newly enacted congressional map despite a federal trial court's order to redraw the map to add a second majority Black district. Read the order here. In a 5-4 vote, the court granted Alabama's application for a stay from the trial court's decision invalidating the map under Section 2 of the Voting Rights Act (VRA). The 4 Justices in the minority would have allowed the 2022 election to go forward in Alabama with a remedial map as the three-judge trial court had ordered. Justice…
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Michigan Supreme Court Upholds Maps Against Minority Vote Dilution Challenge

On Thursday, Feb. 3, the Michigan State Supreme Court upheld the Michigan Independent Citizens Redistricting Commission's maps against a minority vote dilution challenge under Section 2 Voting Rights Act (VRA). Read the Court's opinion/order here. According to the opinion, that decision mostly hinged on the plaintiff's failure to show that any of the Gingle's preconditions were met to establish a Sec. 2 violation. In other words, the was no specific evidence offered by the plaintiffs that Black voters would not be able to elect the candidate of their choice. The crux of the plaintiff's argument, the court explained, was that…
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