Court Limits Ability to Bring Race-Based Lawsuits Against Congressional Maps

The Epoch Times Header

A federal appeals court has dealt a blow to the ability of private individuals and groups to sue over congressional maps claiming racial discrimination.

A federal appeals court has issued a key ruling that prohibits private citizens and entities from filing lawsuits under a section of the Voting Rights Act that has been used extensively to bring legal challenges to redistricting processes on the premise that they’re racist.

In a 2โ€“1 decision, the U.S. Court of Appeals for the 8th Circuit ruled on Nov. 20 that only the federal government can bring legal challenges under Section 2 of the Voting Rights Act, upholding an earlier ruling by an Arkansas judge that private citizens or civil rights groups cannot bring Section 2 lawsuits.

The vast majority of lawsuits filed under Section 2 of the Voting Rights Actโ€”which prohibits discrimination based on raceโ€”have been brought by private individuals and groups who did not represent the U.S. government.

In legal terms, the ability of non-government entities to bring lawsuits is called a “private right of action,” also referred to as a “private cause of action.”

In February 2022, U.S. District Judge Lee Rudofsky, an appointee of former President Donald Trump, ruled that only the Department of Justice (DOJ) can bring Section 2 lawsuits, which private entities have for decades filed on the premise that moves like redistricting or other elections processes disenfranchised voters of color.

Mr. Rudofsky’s ruling was appealed, resulting in the Nov. 20 decision that bars “private right of action” in relation to Section 2 of the Voting Rights Act in the seven states under the jurisdiction of the 8th Circuit appeals court.

“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 in which he was joined by Judge Raymond Gruender, an appointee of former President George W. Bush.

Chief Circuit Judge Lavenski Smith, another Bush appointee, issued a dissenting opinion.

“Until the [Supreme] Court rules or Congress amends the statute, I would follow existing precedent that permits citizens to seek a judicial remedy. Rights so foundational to self-government and citizenship should not depend solely on the discretion or availability of the government’s agents for protection,” Mr. Smith wrote.

Byย Tom Ozimek

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

Why Fishermen Are Catching Fewer Lobsters in Maine

For veteran lobsterman Travis Dammier, it was the end of another trip at sea on a solo voyage to earn a living.

Viewers like you

There is no constitutional authority for any spending on public broadcasting โ€“ period. Any questions: See Article 1, Section 8 of the U.S. Constitution.

Beyond the Trump-Musk fallout?

We are witnessing an unprecedented, unhinged Democrat effort to use lawfare, big Democrat donors, street theater, congressional disruptions, potty-mouth videos, the administrative state, the legacy media, and discredited pollsters to stop the Trump agenda.

Trans-wormal

No worm ever said "I am anthropomorphizing, I am a butterfly" to a toad or flock of geese and expected acknowledgement and support.

In Greenlandโ€™s Icy Capital, Past Troubles Haunt Hopes for the Future

As geopolitical realities and ongoing economic growth raise the stakes, U.S. interest in Greenland and the dream of independence may change things in a big way.

News

Why Drug Price Reform Alone Wonโ€™t Heal America

What happens when medications become too cheap, plentiful, and automatic and we donโ€™t reform how drugs are used? We risk clinical harm.

Trump Says Musk Will Face โ€˜Very Serious Consequencesโ€™ If He Backs Democrats

President Trump warned that Musk could face โ€œserious consequencesโ€ if he decides to back Democratic political candidates in upcoming elections.

Judge Declines to Block Trump Admin From Dismantling Library Services Agency

A federal judge cleared the way for the Trump admin to move forward with plan to dismantle the federal agency that funds libraries nationwide.

Supreme Court to Review Alabamaโ€™s Death Row Case Concerning IQ Test

The Supreme Court will consider how courts should weigh multiple IQ tests when assessing a death row defendantโ€™s claim of intellectual disability.

US Travel Ban Will Not Hinder Los Angeles Olympics, LA28 CEO Says

Trumpโ€™s directive banning citizens from 12 countries from entering US exempts athletes. Officials confident Games have full backing of administration.

Musk Mulls New Political Party Amid Feud With Trump

Elon Musk is considering launching a new political party in wake of his public fallout with President Trump over a major Republican tax and spending bill.

Citigroup Reverses Course on Controversial Firearm Policies

Citigroup reversed its policy requiring retail business clients to refrain from selling firearms to those who havenโ€™t passed background checks.

AI Is Taking Thousands of Jobs; Is Yours at Risk?

Just as the internet radically changed how America conducts business, AI is also making waves in the workplace by taking thousands of jobs.
spot_img

Related Articles