Voting groups fear court ruling on Arkansas maps hurts chances to challenge election laws

Sen. John Kennedy, who chaired the Senate Redistricting Committee, argued during a 2021 special session that the GOP-drawn maps are fair to all Georgians. State lawmakers have been directed by a federal judge to draw new maps. (Ross Williams/Georgia Recorder)

A federal appeals court ruling last week is the latest sign in a shifting national landscape limiting the ability of minority voters to challenge voting laws on claims of racial discrimination. 

The 8th U.S. Circuit Court of Appeals upheld the ruling of a federal district judge who dismissed a lawsuit filed by organizations representing Black voters who alleged that redrawn Arkansas state legislative maps dilute their voting power. Even though the circuit court ruling applies only to a handful of states in the court’s jurisdiction, progressive voting rights advocates say they are concerned that another legal setback could spell trouble in Georgia and other states where similar lawsuits have been filed challenging voting laws and legislative district maps. 

The central argument in the legal battle revolves around who is entitled to sue under Section 2 of the Voting Rights Act.  The circuit court’s decision reiterates the lower court’s decision that only the U.S. Attorney General and the Justice Department can file lawsuits alleging violations of Section 2.