The 8th U.S. Circuit Court of Appeals has made a significant ruling that impacts the enforcement of the federal Voting Rights Act in seven Midwestern states. In a 2-1 decision, the court panel declared that Section 2 of the Voting Rights Act cannot be enforced through lawsuits from private parties under Section 1983 of the federal statute. This decision marks a shift in how the landmark law’s protections against racial discrimination in the election process can be upheld.

The ruling has sparked debate among judges, with the majority opinion arguing that Section 2 does not confer an individual right, therefore private parties do not have a cause of action under Section 1983 to enforce the Act. This decision has implications for voting rights advocates who have relied on private individuals and groups to bring lawsuits for enforcing Section 2.

The case at the center of this ruling involves a North Dakota redistricting lawsuit brought by the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe. These tribal nations challenged a redistricting map approved by North Dakota’s legislature, arguing that it diminishes the voting power of Native American voters. The ruling has broader implications as similar arguments have been raised in redistricting lawsuits in other states, potentially setting the stage for a future showdown over the Voting Rights Act at the Supreme Court.

The decision by the 8th Circuit Court of Appeals underscores the evolving landscape of voting rights enforcement and the ongoing challenges in protecting against racial discrimination in the electoral process.