Federal Appeals Court Denies Rehearing in Arkansas Voting Rights Case, Paving the Way for Potential Supreme Court Battle
ICARO Media Group
In a significant development in the ongoing Arkansas state legislative redistricting case, a federal appeals court has denied a request to revisit a ruling that could have a far-reaching impact on the enforcement of the Voting Rights Act. The ruling has the potential to limit the scope of the landmark civil rights law and has sparked speculation about a potential Supreme Court battle.
The case, initiated by civil rights groups representing Black voters in Arkansas, challenges the legality of certain legislative redistricting practices that may disproportionately affect marginalized communities. Last year, a three-judge panel ruled that only the head of the Justice Department has the authority to bring lawsuits under Section 2 of the Voting Rights Act, effectively excluding private groups and individuals from filing such cases.
Despite an appeal by attorneys led by the American Civil Liberties Union (ACLU), the full 8th U.S. Circuit Court of Appeals upheld the panel's decision on Tuesday. U.S. Circuit Judge David Stras, an appointee of former President Donald Trump who penned the panel's original majority opinion, stated that the panel's ruling "mostly speaks for itself."
However, three judges expressed dissenting opinions and called for a rehearing of the case. Chief Circuit Judge Lavenski Smith, appointed by former President George W. Bush, Judge Steven Colloton, another Bush appointee, and Judge Jane Kelly, appointed by former President Barack Obama, argued that the panel had made an error and missed an opportunity to assert its impartial role in the matter.
The civil rights groups involved in the Arkansas lawsuit, as per a statement released by the ACLU, are now exploring their next legal steps, which may include an appeal to the U.S. Supreme Court. The ruling, for now, applies solely to the seven states within the 8th Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
It is worth noting that other federal courts, including a 5th Circuit panel that ruled on a congressional redistricting case in Louisiana last November, have taken a different stance and recognized a private right of action under Section 2.
The potential implications of this case have caught the attention of conservative Supreme Court Justices Neil Gorsuch and Clarence Thomas, who have expressed an interest in addressing this issue. This, coupled with conflicting rulings from different federal courts, heightens the likelihood that the Supreme Court may ultimately decide on the matter.
As the legal battle proceeds, the outcome of this case has the potential to shape the future enforcement of the Voting Rights Act and the protection it affords against racial discrimination in the election process.