Just in time for Thanksgiving, the US Court of Appeals for the 8th Circuit has delivered a turkey of a decision, undoing the long-accepted right of private citizens to sue to enforce Section 2 of the Voting Rights Act. I am not usually this harsh, but the court’s ruling in Arkansas State Conference NAACP v. Arkansas Board of Apportionment is simply wrong.
A bit of background. When one person sues another for violating a statute, how does a judge decide whether to let the suit proceed? In some cases, the statute says explicitly that a private plaintiff can sue. ...
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