An appeals court has struck down a key path for enforcing the Voting Rights Act
U.S. District Judge Lee Rudofsky, an appointee of former President Donald Trump, ruled in February 2022, however, that only the head of the Justice Department, the U.S. attorney general, can bring Section 2 lawsuits and dismissed an Arkansas redistricting case brought by advocacy groups representing Black voters in the state.
On Monday, that lower court ruling was upheld in a 2-1 vote by a three-judge panel of the 8th U.S. Circuit Court of Appeals.
"For much of the last half-century, courts have assumed that [Section 2] is privately enforceable. A deeper look has revealed that this assumption rests on flimsy footing," wrote Circuit Judge David Stras, a Trump appointee, in the majority opinion joined by Judge Raymond Gruender, an appointee of former President George W. Bush.
Read more: https://www.npr.org/2023/11/20/1152732216/voting-rights-act-supreme-court-section-2-private-right-of-action
So there's a little hope there.
It could be appealed to the full ('en banc') 8th circuit... but there's only one democratic appointee on that court.
And SCOTUS hasn't been all that friendly on VRA cases of late.
Additionally - a loss at the SCOTUS level would mean that the decision now applied to the entire country - while currently it only impacts about 7% of the population. It might be a better idea to let sleeping dogs lie.
But her emails and soon to be Biden's 'insert excuse here.' I get it.
the anti-women abortion bans, such as in tx. that allow anyone to bring a law suit against someone suspected of having an abortion, or aiding someone in getting an abortion?
I'm not a lawyer. It seems like this ruling bars 3rd parties from bringing a suit, and maybe that ruling can set precedent for stopping 3rd parties from bringing other kinds of suits.
Just an idea from a tired mind, :/
It isnt a ruling saying that individuals can never bring lawsuits. Its merely that the specific law did not create a cause of action for them. The TX law explicitly did.
And, of course, TX isnt in the 8th circuit.