Federal Appeals Court Limits Enforcement of Voting Rights Act

Only the Department of Justice can now challenge gerrymandered electoral maps under Section 2, potentially impacting courts in seven states.

A recent federal appeals court ruling has determined that only the Department of Justice, not private individuals or groups, can challenge gerrymandered electoral maps under Section 2 of the Voting Rights Act of 1965.
The ruling could make it significantly more difficult for courts in the seven states of the Eighth Circuit to enforce the Voting Rights Act.
The Supreme Court has previously recognized an implied right of action under Section 2, and Congress has not banned private rights of action in its amendments to the Act.
Justice Neil Gorsuch's concurring opinion in a 2021 case has been cited as the basis for the Eighth Circuit's ruling.
The decision conflicts with a ruling by the 5th Circuit, which upheld the right of private parties to sue under Section 2.