LITTLE ROCK, Ark. (AP) — Progressive groups in Arkansas have decided to not ask the U.S. Supreme Court to weigh in on a lower court’s ruling that private groups can’t sue under a key section of the federal Voting Rights Act.
The Arkansas Public Policy Panel and the Arkansas State Conference NAACP, which challenged Arkansas’ new state House districts under the law, did not file a petition by Friday’s deadline asking the high court to review the ruling by the 8th U.S. Circuit Court of Appeals.
John Williams, legal director of the American Civil Liberties Union of Arkansas, said the decision to not seek review did not signal agreement with the court ruling that the groups believe is “radically wrong.” The ACLU represents the groups in the case.
Williams said they didn’t seek review because they believe there’s still a mechanism for private groups to sue under another section of federal civil rights law.
“Because that still exists, there was no need to bring this up before the Supreme Court,” Williams said Monday.
The groups’ decision avoids a fight before the high court over a ruling that civil rights groups say erodes the law aimed at prohibiting racial discrimination in voting. The groups have argued last year’s ruling upends decades of precedent and would remove a key tool for voters to stand up for their rights.
The 8th U.S. Circuit Court of Appeals in January denied a request for the case to go before the full circuit court after a panel ruled 2-1 last year that only the U.S. attorney general can enforce Section 2 of the Voting Rights Act.
Section 2 of the 1965 Voting Rights Act requires political maps to include districts where minority populations’ preferred candidates can win elections. Lawsuits have long been brought under the section to try to ensure that Black voters have adequate political representation in places with a long history of racism, including many Southern states.
The Arkansas lawsuit challenged the state House redistricting plan, which was approved in 2021 by the all-Republican state Board of Apportionment.
The 8th Circuit ruling applies only to federal courts covered by the district, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
Arkansas’ Republican attorney general, Tim Griffin, called the groups’ decision to not take the issue to the Supreme Court a “win for Arkansas.”
“(The 8th Circuit ruling) confirmed that decisions about how to enforce the Voting Rights Act should be made by elected officials, not special interest groups,” Griffin said in a statement.
—
Rephrased content:
Progressive organizations in Arkansas have opted not to appeal to the U.S. Supreme Court regarding a lower court ruling stating that private entities cannot sue under a crucial part of the federal Voting Rights Act. The Arkansas Public Policy Panel and the Arkansas State Conference NAACP, who contested Arkansas’ new state House districts based on the law, did not submit a petition by the Friday deadline to request a review of the ruling issued by the 8th U.S. Circuit Court of Appeals. The American Civil Liberties Union of Arkansas’ legal director, John Williams, emphasized that choosing not to seek a review did not indicate agreement with the court’s decision, which the groups consider to be “extremely incorrect.” This decision was made as they believe there is still an avenue for private entities to file lawsuits under another segment of federal civil rights legislation. “Because that option remains available, there was no reason to escalate this to the Supreme Court,” Williams mentioned on Monday.
This resolution by the groups sidesteps a potential confrontation before the high court concerning a ruling that civil rights advocates say undermines the legislation designed to prevent racial discrimination in voting. The groups have contended that last year’s ruling disrupts long-standing precedents and would strip voters of a critical mechanism to safeguard their rights. In January, the 8th U.S. Circuit Court of Appeals turned down a plea for the case to be reviewed by the full circuit court after a panel ruled 2-1 last year that only the U.S. attorney general can uphold Section 2 of the Voting Rights Act. Section 2 of the Voting Rights Act of 1965 mandates that electoral maps incorporate districts where candidates favored by minority populations can be victorious in elections. Lawsuits have historically been filed under this section to strive for adequate political representation for Black voters in jurisdictions with a history of racism, including numerous Southern states. The lawsuit in Arkansas contested the state House redistricting strategy, sanctioned in 2021 by the entirely Republican state Board of Apportionment. The ruling by the 8th Circuit is solely applicable to federal courts under its purview, encompassing Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. Arkansas’ Republican attorney general, Tim Griffin, labeled the organizations’ decision to not elevate the matter to the Supreme Court as a “victory for Arkansas.” “(The 8th Circuit ruling) affirmed that determinations regarding how to enforce the Voting Rights Act should be made by elected officials, not special interest groups,” Griffin stated in a release.
