June 6, 2025 Story by: Publisher
The NAACP Arkansas State Conference, in collaboration with the ACLU of Arkansas and the Arkansas Public Policy Panel, filed an amicus brief on June 5, calling on the U.S. Court of Appeals for the Eighth Circuit to rehear Turtle Mountain Band of Chippewa Indians v. Howe; en banc — a hearing before all active judges on the court.
In May, a three‐judge panel of the U.S. Court of Appeals for the Eighth Circuit held that private individuals and organizations may no longer enforce Section 2 of the Voting Rights Act through lawsuits under 42 U.S.C. § 1983.
The case centers on a recent ruling by a divided panel that determined private individuals and civil rights organizations cannot enforce Section 2 of the Voting Rights Act through 42 U.S.C. § 1983. If upheld, this decision would effectively prevent private parties from challenging racially discriminatory voting laws in the Eighth Circuit, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
“Without the ability for individuals and civil rights organizations to enforce Section 2 of the Voting Rights Act, the law becomes meaningless in the Eighth Circuit,” Janette McCarthy-Wallace NAACP General Counsel shared in a statement. “Those who seek to dilute our voting power will do so unchecked, and that should alarm every judge on this Court. The idea that the Department of Justice alone can, or currently would, bear the burden of protecting our fundamental rights defies reality and recent history. The NAACP is proud to stand with its Arkansas State Conference and others demanding full, en banc review of this dangerous decision — because silencing Black, Brown, and Indigenous voices is not just unjust, it’s unconstitutional.”
The NAACP argues that this ruling undermines decades of legal precedent that allowed private enforcement of voting rights protections. They assert that without the ability for individuals and community organizations to bring lawsuits under Section 2, voters, especially Black voters, would be left defenseless against discriminatory practices like gerrymandering and vote dilution. The brief emphasizes that relying solely on the Department of Justice to enforce voting rights is insufficient, particularly given recent reductions in the DOJ’s Civil Rights Division.
This legal challenge follows a previous case where the Arkansas State Conference NAACP and the Arkansas Public Policy Panel contested the state’s legislative maps, alleging they diluted Black voting strength in violation of the Voting Rights Act. A divided panel dismissed their claims, holding that Section 2 contains no private right of action, but left open whether Section 2 could still be enforced through Section 1983.
The DOJ has made clear that limited federal resources prevent it from fully enforcing the Voting Rights Act on its own,” Barry Jefferson, President, NAACP Arkansas State Conference said in a statement. “That’s why the ability to pursue private litigation has always been essential. Stripping away that power leaves the people of Arkansas and the entire Eighth Circuit defenseless against voter suppression which cannot stand.”
The filed amicus brief highlights the devastating impact this ruling would have on communities of color and underscores the urgent need for the full Eighth Circuit to revisit and reverse the panel’s decision.
The North Dakota Litigation
The appeal stemmed from a lawsuit filed by the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe, who challenged North Dakota’s post–2020 census state‐legislative map.
In northeastern North Dakota—where tribal lands sit amid heavily non‐Native districts—the plaintiffs argued that the legislature’s new lines “packed” and “cracked” Native‐majority precincts, stripping Native Americans of the opportunity to elect their preferred candidates in racially polarized contexts.
A federal district court agreed, finding the map violated Section 2 and enjoined its use. But North Dakota Secretary of State Michael Howe appealed, and the Eighth Circuit’s majority panel concluded on May 14, 2025, that private parties lacked a cause of action under Section 1983 to enforce Section 2.
Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment
On December 29, 2021, the Arkansas State Conference of the NAACP and an Arkansas non-profit filed a federal lawsuit against the State of Arkansas, the Arkansas Board of Apportionment, and the State’s Governor, Secretary of State, and Attorney General challenging the Board’s state House redistricting plan as diluting Black voters’ voting strength in violation of Section 2 of the Voting Rights Act (“VRA”). They sought a judicial declaration that the plan violated the VRA and an injunction barring the plan, or any other unlawful plan, from being used in future elections.
- On February 17, 2022, the district court held that it lacked jurisdiction to hear the plaintiffs’ claims on the grounds that Section 2 of the VRA did not provide a cause of action for private citizens to enforce its requirements. Rather than dismiss the suit, the court gave the U.S. Attorney General 5 days to decide whether to join the case as a plaintiff.
- On February 22, 2022, the United States informed the court it would not be joining the case. That same day, the court dismissed the case and on February 23, 2022, the plaintiffs appealed to the U.S. Court of Appeals for the Eighth Circuit.
- Oral arguments before the 8th Circuit were held on January 11, 2023. The court issued an opinion on November 20, 2023, affirmed the district court.
- On January 30, 2024, the Eighth Circuit Court of Appeals declined to rehear the case en banc.
- Plaintiffs originally filed a notice of Appeal to the Supreme Court of the United States, but ultimately elected not to appeal.
The outcome of this case has significant implications for the enforcement of voting rights across the region. If the Eighth Circuit’s ruling stands, it would mark the first time a federal appeals court has effectively nullified private enforcement of Section 2, setting a concerning precedent for other jurisdictions.
Source: ACLU Arkansas / ACLU Kansas / NAACP / The American Redistricting Project
