The court’s decision not to grant rehearing en banc, a concurrence by Judge Stras, and a dissent by Judge Colloton, is here. The original panel decision held that Section 2 of the VRA contains no private right of action, which I’ve explained would essentially kill of much of the section (because DOJ brings very few suits). I fully expect the Supreme Court to take this case, given its importance and given how every wrong it is as a matter of text, legislative history, congressional intent, and justice.

But I would note a major potential concession (and potentially easy way around the ruling) by Judge Stras: “It may well turn out that private plaintiffs can sue to enforce § 2 of the Voting
Rights Act under § 1983.”

How stingy and uncharitable for Judge Stras and the rest of the majority not to send this case back to the district court to see if a case could properly be pleaded under section 1983, and not put the Voting Rights Act through tremendous stress unnecessarily yet again.