Supreme Court Orders Fresh Review of Private Enforcement in Two Voting-Rights Cases

The Supreme Court told lower courts to reexamine two cases challenging whether private plaintiffs can sue to enforce Section 2 of the Voting Rights Act, in light of its recent ruling weakening Section 2. The Mississippi case (NAACP Mississippi Chapter and 14 voters) and the North Dakota case (Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and three voters) previously prevailed in district court; an 8th Circuit panel had barred private enforcement under Section 1983. The Court’s orders, with Justice Jackson dissenting, could narrow who can bring these lawsuits and affect voting-rights litigation nationwide.