Tuesday, November 21, 2023

From Politico: Federal appeals court ruling threatens enforcement of the Voting Rights Act

Attacks on the Voting Rights Act continue. This one does not try to change the law, but limits its enforcement. 

- Click here for how:

A federal appeals court issued a ruling Monday that could gut the Voting Rights Act, saying only the federal government — not private citizens or civil rights groups — is allowed to sue under a key section of the landmark civil rights law.

The decision out of the 8th Circuit will almost certainly be appealed and is likely headed to the Supreme Court. Should it stand, it would mark a dramatic rollback of the enforcement of the law that led to increased minority power and representation in American politics.

The appellate court ruled that there is no “private right of action” for Section 2 of the law — which prohibits voting practices that discriminate on the basis of race.

That, in practice, would severely limit the scope of the protections of Section 2. On paper, those protections are themselves unchanged by the ruling. But for decades, private parties — including civil rights groups, individual voters and political parties — have brought Section 2 challenges on everything from redistricting to voter ID requirements.

For more: 

- Is the Voting Rights Act nearly dead?

What is a private right of action? 

Here are explanations from: 

- Democracy Docket.

- Brookings.

- DOJ.