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Court restricts who can bring voting rights challenges in a case involving voters with disabilities

WASHINGTON — A federal appeals court panel on Monday ruled that private individuals and organizations cannot bring voting rights cases under a section of the law that allows others to assist voters who are blind, have disabilities or are unable to read.

It’s the latest ruling from the St. Louis-based 8th Circuit Court of Appeals, saying only the government can bring lawsuits alleging violations of the Voting Rights Act. The findings upend decades of precedent and will likely be headed to the U.S. Supreme Court.

The case centered on whether an Arkansas law that limits how many voters can be assisted by one person conflicts with Section 208 of the landmark federal law.

The opinion from the three-judge panel followed the reasoning of another 8th Circuit panel in a previous case from 2023. That opinion held that the Arkansas State Conference NAACP and the Arkansas Public Policy Conference could not bring cases under Section 2 of the Voting Rights Act.

“Like the provision at issue in Arkansas State Conference, we conclude the text and structure of (Section) 208 do not create a private right of action,” said the decision written by Judge L. Steven Grasz, a nominee of President Donald Trump. “Likewise, we conclude no private right of action is created by the Supremacy Clause.”

In the previous case, the district court judge said he could not reach an opinion on the merits because the plaintiffs did not have standing under Section 2 and gave the Justice Department five days to join the case. The circuit court panel agreed with his reasoning in a 2-1 decision.

The 8th Circuit, which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota, has issued three rulings holding that individuals and private entities don’t have standing to bring challenges against voting laws. The other came in May in a lawsuit over North Dakota redistricting.

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