Category Archives: Voting Rights Act

The Prospect of Bailing-in Alabama

July 28, 2025, 6:16 amredistricting, Voting Rights ActTravis Crum

Tomorrow, the three-judge district court in the Alabama congressional redistricting litigation will hold a hearing on whether to bail-in Alabama to the VRA’s preclearance regime. If bailed-in, Alabama would have to seek preapproval for any redistricting changes from either DOJ… Continue reading

Waiting for Callais

July 25, 2025, 12:29 pmredistricting, Supreme Court, Voting Rights ActTravis Crum

Earlier today, Rick Pildes flagged the Court’s inexplicable month-long delay in issuing a re-argument order in Louisiana v. Callais, last Term’s—and now next Term’s—major Shaw case. I agree with Pildes’s concerns and want to add a few points. First, to… Continue reading

Supreme Court Puts on Hold Eighth Circuit Order that Would Have Ended Private Enforcement of the Voting Rights Act in Seven States, But Three Justices Appear Ready to Kill Section 2 Nationally

July 24, 2025, 11:59 amSupreme Court, Voting Rights ActRick Hasen

Via Steve Vladeck comes this Supreme Court order, over the dissents of Justices Alito, Gorsuch, and Thomas, of the Eighth Circuit case raising the question whether private plaintiffs have the right to sue under Section 2 of the Voting… Continue reading

North Dakota Legislative Council’s Bizarre Understanding of Redistricting Ruling May Have Led to Justice Kavanaugh’s Administrative Stay in Eighth Amendment Voting Rights Act (Private Right of Action) Case

July 21, 2025, 7:58 amVoting Rights ActRick Hasen

As I noted a few days ago, Justice Kavanaugh put on hold via an administrative stay an Eighth Circuit case concerning whether private plaintiffs have the right to sue to enforce Section 2 of the Voting Rights Act. The answer… Continue reading

“The Supreme Court Is Writing a Slow-Motion Eulogy for One of America’s Greatest Achievements”

July 18, 2025, 5:27 amVoting Rights ActDan Tokaji

Maureen Edobor in Slate: Next month marks the 60th anniversary of the passing of the Voting Rights Act—a law often celebrated as the “crown jewel” of the Civil Rights Movement. Signed in 1965 after years of organizing and unimaginable sacrifice,… Continue reading

Tokaji, “Racist Voting”

July 17, 2025, 7:45 amredistricting, Voting Rights ActDan Tokaji

My latest article, recently published in the Alabama Law Review. Here’s the abstract: Does the Constitution protect individual voters’ freedom to cast their votes for racially discriminatory reasons? Or does it prohibit racist voting that denies a minority… Continue reading

Justice Kavanaugh Stays 8th. Cir. Ruling Denying Private Enforcement of Section 2

July 17, 2025, 4:48 amredistricting, Voting Rights ActDan Tokaji

Washington Post reports on yesterday’s administrative stay in Turtle Mountain Band of Chippewa Indians v. Howe: Supreme Court Justice Brett M. Kavanaugh on Wednesday paused a federal appeals court ruling that bars individuals in some states from filing lawsuits… Continue reading

Tribes Ask Supreme Court to Put on Hold Eighth Circuit Ruling Holding that Private Plaintiffs Cannot Sue to Enforce Key Part of Voting Rights Act

July 15, 2025, 1:33 pmVoting Rights ActRick Hasen

Here is the petition. Justice Kavanaugh has set July 22 for a response from North Dakota.

“Clarence Thomas has long tried to undercut the Voting Rights Act. Now, he may finally have the numbers”

July 14, 2025, 5:25 amSupreme Court, Voting Rights ActDan Tokaji

Joan Biskupic has this analysis at CNN.

Voting Rights Plaintiffs and Texas Officials Spar Over Mid-Decade Redistricting

July 13, 2025, 12:35 pmDepartment of Justice, redistricting, Voting Rights ActGuy Charles

A group of plaintiffs in a case challenging the State’s redistricting map have asked the trial court to reopen testimony in the case in response to Texas Governor Greg Abbott’s decision to call a special session to consider redrawing some… Continue reading

VoteBeat on Texas Redistricting

July 12, 2025, 4:33 amDepartment of Justice, redistricting, Voting Rights ActGuy Charles

VoteBeat covers the Texas redistricting here. They also have a fantastic quote from our brilliant colleague Justin Levitt. From the article: Justin Levitt, a constitutional law expert who served in the DOJ under former President Barack Obama, said the… Continue reading

Could the Texas Mid-Decade Redistricting Scheme Backfire?

July 11, 2025, 7:41 amredistricting, Voting Rights ActGuy Charles

This article from Politico, quoting Democratic lawmakers, makes the case. From the article: A Donald Trump-backed effort to gerrymander Texas would boost the GOP’s attempts to cling to its razor-thin House majority in next year’s midterms — but it also… Continue reading

Two Events Commemorating the 50th Anniversary of Section 203 (the Language Provisions) of the Voting Rights Act

July 11, 2025, 7:12 amVoting Rights ActRick Hasen

Announcement via email: The ACLU SoCal, ALC, CA Common Cause, and PANA are excited to share that registration is now open for “More Voices, Stronger Democracy: The 50th Anniversary of Section 203,” a statewide summit on language access and voting… Continue reading

With the VRA on life-support, now is the time to reconsider goals and tactics

July 1, 2025, 7:52 amVoting Rights ActNew ScholarshipTabatha Abu El-Haj

The Supreme Court’s decision to set Louisiana v. Callais for reargument next term suggests that the Voting Rights Act’s respite from the conservative Court’s attacks is likely over. It is, therefore, time for those who remain committed to the United… Continue reading