Supreme Court Blocks 8th Circuit’s Anti-VRA Ruling For Now

The Supreme Court temporarily blocked a federal appeals court’s ruling Thursday that would have stripped voters and private organizations of their right to enforce the Voting Rights Act (VRA) in seven states.

In a brief, unsigned order the court granted a stay of the 8th Circuit Court of Appeals decision  which had declared there is no private right of action under Section 2 of the VRA – the core provision that bans racially discriminatory voting laws.

“The mandate of the United States Court of Appeals for the Eighth Circuit is stayed pending the filing and disposition of the petition for a writ of certiorari,” the court wrote. 

If the Supreme Court agrees to hear the case, the stay remains in place until the justices issue a final ruling. But if the court declines to take up the case, the stay ends and the 8th Circuit’s ruling goes into effect immediately. 

The stay is a temporary but critical relief for voters and private enforcement of the VRA in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. If the lower court ruling is allowed to stand, only the U.S. Department of Justice would be allowed to bring Section 2 lawsuits in those states, functionally ending most racial vote dilution cases. It also keeps the court-ordered legislative maps in place as litigation continues.  

Alabama and 14 other GOP-led states previously asked the court to let the 8th Circuit’s ruling take effect and end private enforcement of Section 2 nationwide. 

The Native American voters and tribes who brought the case are expected to file their full petition for Supreme Court review in the coming weeks.