Supreme Court Pauses Ruling that Would Have Ended Ability of Voters to Challenge Racially Discriminatory Voting Practices
For decades, Congress, the courts, the DOJ, and private litigants have agreed that Section 2 of the VRA can be enforced by individual voters and groups. Historically, a majority of Section 2 cases have been brought by private parties, and DOJ attorneys have explained that the department relies on private lawsuits because it does not have the resources to bring all of these types of cases even if it wanted to. The current DOJ is also unlikely to bring Section 2 cases. Since January, the department has shed 70 percent of its Civil Rights Division staff, dismissed nearly all of its Section 2 cases, and shifted its focus to pursuing conspiracy theories about the 2020 general election.
On May 28, 2025, the plaintiffs asked the full Eighth Circuit to rehear the case.
On June 4, 2025, six amicus briefs were filed in support of the plaintiffs’ request, including a brief from Historians Council member Alexander Keyssar and three other voting rights historians, as well as a brief from 16 former DOJ attorneys who litigated cases to enforce Section 2 of the VRA.
On July 3, 2025, the Eighth Circuit denied the plaintiffs’ petition for the full court to rehear the case.
On July 15, 2025, the plaintiffs asked the Supreme Court to stay the Eighth Circuit’s decision pending their forthcoming petition for writ of certiorari.
On July 24, 2025, the Supreme Court granted plaintiffs’ request, restoring, at least temporarily, voters’ ability to go to court to challenge discriminatory voting policies under the VRA.