The Voting Rights Act is on the ropes

A key part of the Voting Rights Act (VRA) — Section 2 — is now in jeopardy. After a federal appeals court ruled that regular citizens and civil-rights groups can no longer sue to challenge discriminatory voting maps or laws, the Supreme Court has agreed to take up a related case this term. If the Court agrees with that decision, it would mean that only the U.S. government could bring these lawsuits — ending decades of community-led voting rights challenges.

What's next: The Supreme Court completed oral arguments in March and has just heard the case again in mid-October. A decision is expected later this year.

Why it Matters

Section 2 has long been the main tool used to fight unfair voting maps and election rules that weaken the voting power of marginalized communities. Without it, groups representing Black, Latina, or Native women could lose one of the few ways to stop gerrymandering or voter suppression in court. Further, if the Supreme Court's decision ultimately means that only the U.S. Justice Department can sue, enforcement would depend entirely on federal priorities and resources — leaving many violations unchecked.

Background

For nearly 60 years, voters and advocacy groups have relied on Section 2 to challenge discriminatory voting practices. Despite this history, the Supreme Court has been chipping away at the Voting Rights Act over the past decade. And in 2023, the 8th Circuit Court of Appeals broke with that long tradition when it ruled, in Arkansas NAACP v. Arkansas Board of Apportionment, that only the U.S. Attorney General can bring Section 2 cases.

Section 2 is considered the heart of the VRA because it gives voters the power to challenge racial discrimination in elections.

The court cases driving current arguments are based on race and disability discrimination. However, if the Supreme Court justices agree that private groups have no right to enforce the Voting Rights Act, that would weaken enforcement of all its protections — including those related to language access, disability, and other barriers that also affect women voters.

Resources

Common Cause - The Supreme Court Hears Arguments on a Key Section of the Voting Rights Act
Associated Press - Court restricts who can bring voting rights challenges in a case involving voters with disabilities
Brennan Center - Section 2 of the Voting Rights Act at the Supreme Court
Brennan Center - The Importance of Letting Voters Defend Their Rights in Court