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Ruling in ND case erases path for people in 7 states to sue under the Voting Rights Act

BISMARCK, N.D. (AP) — A federal appeals court that already has said private individuals and groups cannot sue under a key part of the federal Voting Rights Act went even further Wednesday toward blocking lawsuits over alleged racial bias in voting in seven Midwest states.

But its decisions may not be the last word, because another appeals court has ruled differently, and the U.S. Supreme Court might have to resolve the conflict. The latest ruling reversed a legal victory for two tribal nations in North Dakota that challenged a legislative redistricting plan.

The ruling shuts off a route to Section 2 of the Voting Rights Act through a federal civil rights law known as Section 1983, which allows people to sue state officials to vindicate their federal or constitutional rights, said Jonathan Topaz, staff attorney for the American Civil Liberties Union Voting Rights Project. Section 1983 provides a legal vehicle to bring a lawsuit, he said.

Private individuals in past decades brought lawsuits under Section 2, but a 2023 8th Circuit ruling in an Arkansas redistricting case held that Section 2 doesn’t allow for private claims. That ruling and Wednesday’s ruling only apply to the 8th U.S. Circuit Court of Appeals, which encompasses Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.

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