U.S. Supreme Court Temporarily Blocks Decision on Private Voting Rights Act Lawsuits

U.S. Supreme Court Temporarily Blocks Decision on Private Voting Rights Act Lawsuits

The U.S. Supreme Court has delivered a significant, albeit temporary, reprieve for voting rights advocates and individual litigants, putting on hold a controversial ruling by the U.S. Court of Appeals for the 8th Circuit holding that private plaintiffs cannot bring claims under Section 2 of the Voting Rights Act (VRA), a ruling that could severely limit the ability of individual voters and advocacy groups to sue under the Act. This specific case originated from a challenge to North Dakota's 2021 state legislative map, which the plaintiffs, two Native American tribes and individual voters, argued diluted Native American voting power by…
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Mississippi Redistricting Litigation Update: State Officials File Appeal in Legislative Map Case

Mississippi Redistricting Litigation Update: State Officials File Appeal in Legislative Map Case

Both the State defendants and the Mississippi Republican Executive Committee filed direct appeals to the U.S. Supreme Court on July 3, 2025, after a federal district court invalidated the State's House and Senate maps on Voting Rights Act grounds. The case is Mississippi State Conference of the NAACP v. State Board of Election Commissioners. The NAACP suit against Mississippi’s 2022 state legislative maps began with a complaint in December 2022 alleging racial gerrymandering and Voting Rights Act violations. A three-judge federal panel denied the State’s motion to dismiss in April 2023, oversaw discovery through that autumn, and held a bench…
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Experts React to the Supreme Court “Punt” on the Louisiana Voting Rights Case

The U.S. Supreme Court made an extraordinary move on June 27, when it declined to resolve Louisiana v. Callais and instead scheduled the case for a second round of briefing and argument next Term. The unsigned order keeps January 2024’s remedial map (Act 2/SB 8) in place and promises a follow-up directive “in due course” that may add new questions for counsel. An NPR article highlights just how rare this is, quoting several redistricting experts on the matter. Some have called the decision “puzzling,” given the straightforward factual record, while others suggest this decision (or non-decision) by the court could…
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U.S. Supreme Court Oral Argument : Louisiana v. Callais (Congressional Map)

U.S. Supreme Court Oral Argument : Louisiana v. Callais (Congressional Map)

During the Supreme Court oral argument in Louisiana v. Callais on March 24, 2025, the central issue was whether the congressional map enacted by Louisiana in 2024 appropriately balanced constitutional protections and the requirements of the Voting Rights Act (VRA). The Legal Defense Fund (LDF), represented by Stuart Naifeh, argued that the map should be upheld as it fairly acknowledged the political power of Black Louisianians, who constitute one-third of the state's population, by creating two majority-Black districts. This was in contrast to a previous map from 2022 deemed likely to violate the VRA by having only one majority-Black district.…
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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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Civil Rights Organizations File Amicus Brief in South Carolina Racial Gerrymandering Case

Civil Rights Organizations File Amicus Brief in South Carolina Racial Gerrymandering Case

Aug. 18 2023 League of Women Voters Press Release: WASHINGTON, DC — Today, the League of Women Voters of the United States joined an amicus brief filed by the Lawyers' Committee for Civil Rights Under Law in Alexander v. South Carolina State Conference of the NAACP, a racial gerrymandering case to be heard before the Supreme Court of the United States this fall. The brief is also joined by the Leadership Conference on Civil and Human Rights, the Leadership Conference Education Fund, Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, Campaign Legal Center, Demos, and…
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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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Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

The Utah Supreme Court seemed to be grappling with the issue of the citizen's right to initiative versus the legislature's right to enact laws. After oral argument in a case alleging that the 2021 congressional district map was a partisan gerrymander, (see League of Women Voters of Utah v. Utah State Legislature) the question arose of whether the legislature had the right to repeal a statute with anti-gerrymandering provisions (Proposition 4) - which it did in 2020. In October of last year, the trial court dismissed the claims regarding the Utah Legislature’s repeal of Proposition 4 but allowed the League's…
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