A federal appeals court on Wednesday ruled that private individuals can no longer bring lawsuits under the Voting Rights Act to challenge racially discriminatory election policies, dealing a major blow to the civil rights law.
In a 2-1 decision, the 8th Circuit Court of Appeals held that enforcement of the VRA’s core provision must be left solely to the U.S. attorney general. The ruling said Section 1983, a separate civil rights statute often used to sue state officials, does not authorize private lawsuits under the VRA.
The opinion, written by Judge Raymond Gruender, a George W. Bush appointee, and joined by Trump appointee Judge Jonathan Kobes, found that Congress did not “unambiguously” grant a private right of action in the text of the VRA—a standard they said is required under Supreme Court precedent.
The case originated from a lawsuit accusing North Dakota of discriminating against Native Americans in its state legislative redistricting plan.
