National: The Importance of Letting Voters Defend Their Rights in Court | Kendall Verhovek/Brennan Center for Justice
Since the dawn of the Voting Rights Act, federal courts heard Section 2 claims brought by voters. Without this ability to sue, many, if not most, of the claims against racially discriminatory voting policies would have gone unheard, leaving in place a far more unjust and imperfect electoral process. This right was tacitly affirmed in Brown v. Post and accepted again and again in every one of the hundreds of Section 2 cases brought by individuals and organizations and heard by federal courts. Until 2021. In a concurring opinion in a major Voting Rights Act ruling, Justice Neil Gorsuch called Section 2’s private right of action “an open question” — undercutting decades of judicial consensus. This invitation was accepted in 2022, when a district court, followed by the Eighth Circuit Court of Appeals in 2023, fully embraced this radical theory. The courts concluded that impacted voters and organizations can’t bring lawsuits under Section 2. Last month, a second ruling by a panel of the Eighth Circuit narrowed enforcement power further, preventing voters from suing for Section 2 offenses under another federal law that broadly protects against government violation of civil rights. Read Article
