(Democracy Docket)–“Black voters in Arkansas will be without fair legislative districts for 2024 due to a catastrophic 2-1 ruling from the 8th U.S. Circuit Court of Appeals. Last November, the federal appeals court dismissed a challenge against the Arkansas House map after holding that voters and civil rights groups cannot bring claims under Section 2. This decision not only denied Black voters in Arkansas the chance to fight for a map that better represents the state’s Black population, but also made it so that minority voters across seven states — in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota — will not be able to use Section 2 to fight unfair districts or discriminatory voting laws.
In practice, this means that in the 8th Circuit, only the U.S. attorney general, and not private groups, can bring claims under a key provision of the Voting Rights Act that prohibits discrimination in redistricting and voting. In legal terms, the ability of private groups and individuals to bring lawsuits is referred to as a private right of action. Republican officials are now attempting to advance the theory that the Voting Rights Act does not contain a private right of action in other states that are not covered by the 8th Circuit as well.”

So Republicans have been gifted a clearly anti-democratic interpretation by the 8th Circuit Court of Appeals of the Voting Rights Act. That has the potential to strip private citizens and advocacy groups from having the legal authority to bring a lawsuit if someone’s voting rights have been violated. Only the Justice Department would be legally allowed to bring such cases to the court system.
For perspective, nearly all lawsuits against violations of the Voting Rights Act are filed by individuals and organizations who specialize in the advocacy of disenfranchised people. The Justice Department would never be able to keep up with the plethora of complaints from around the country. Especially when Republicans have made it abundantly clear that they intend to disenfranchise minorities anytime they have an opportunity.

Although it’s only been the 8th Circuit Court of Appeals that has interpreted the Voting Rights Act this way. It appears Republicans see blood in the water and are chomping at the bit to make this the law of the land in other Circuits. Because there are now two distinct opposing rulings, going forward, Republicans’ long-term goal is to have the Conservative Supreme Court ultimately agree with the 8th Circuit’s decision. Eventually, the highest court in the land must settle the difference. However, with its recent track record, there is no telling which side they will agree with.
If they were to decide in favor of the 8th Circuit, Republicans would have carte blanch on stripping away voter’s rights. With little to no recourse for those who currently hold those corrupted right-wing politicians accountable. It would be a direct attack on American democracy with incomprehensible consequences for its future. It’s the kind of dangerous legal maneuvering that should be frequently televised and condemned by every single media organization. Yet this story has received very limited coverage. It shouldn’t take a Taylor Swift tweet to inspire the immediate attention it deserves. But that seems to be the only way to get traction in today’s media landscape. If our country has to rely heavily upon a celebrated Pop Star to inform the public of the unconstitutional tactics being implemented across America. Then We The People should strap in because we are heading towards some of the most turbulent times in our Nation’s history.

For the full Democracy Docket article quoted in this column click the link below
