The U.S. Supreme Court just threw a curveball into the battle over voting rights with an emergency ruling that has everyone talking.
In a nutshell, the high court temporarily blocked a lower appeals court decision that would’ve stopped private groups, including Native American tribes, from challenging election maps under the Voting Rights Act in seven states, as The Hill reports.
This story starts with two Native American tribes in North Dakota suing over a state legislative map they say unfairly blocks their ability to elect preferred candidates.
Native tribes challenge maps
Represented by groups like the Campaign Legal Center and Native American Rights Fund, the tribes claimed discrimination under Section 2 of the Voting Rights Act.
But the 8th U.S. Circuit Court of Appeals ruled 2-1 that private parties like these tribes lack the legal standing to bring such challenges, echoing a prior Arkansas case.
That’s a tough pill to swallow, especially when it slams the door on groups fighting what they see as electoral bias in seven states.
Supreme Court issues emergency halt
On Thursday, the Supreme Court stepped in with an emergency order, pausing the 8th Circuit’s ruling while appeals are resolved, keeping private challenges alive for now.
Oddly, neither the majority nor dissenting conservative justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — offered any reasoning for their stance, leaving us in the dark.
This isn’t the court’s final say; it’s just a temporary hold, not a verdict on whether private enforcement of Section 2 will ultimately stand.
Tribes, allies claim victory
The tribes’ legal team cheered, with Lenny Powell of the Native American Rights Fund calling it “another victory in that fight” for reservation voters’ rights.
Victory, maybe, but let’s not get ahead of ourselves—some conservative justices seem keen to make Voting Rights Act lawsuits harder to file down the road.
The tribes, backed by the NAACP Legal Defense & Educational Fund, argued the 8th Circuit’s decision “contradicts every circuit court” that’s upheld private enforcement historically.
North Dakota counters with skepticism
North Dakota fired back in filings with a sharp “Assumptions are not holdings,” questioning whether past acceptance of private lawsuits means Congress intended them.
They argued that unchallenged history doesn’t equal a settled right, a technical jab that could unravel long-standing protections if taken to heart.
Well, isn’t that a neat way to dodge precedent? With the Supreme Court set to revisit a Louisiana redistricting case next term, the fight over voting rights enforcement is just heating up.
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Author: Mae Slater
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