Contrary to decades of precedent, Republican state officials in at least 15 states contend that private individuals and groups do not have the right to sue to enforce Section 2 because they are not explicitly named in the landmark law’s text. Only the head of the Justice Department, they argue, can bring this kind of lawsuit.
The issue is at the heart of a North Dakota legislative redistricting case that was brought by two tribal nations. A federal appeals court ruled against the Native American voters, and the case may be up for a full review soon at the Supreme Court. The justices may also be preparing to take up a broader question about the constitutionality of Section 2 protections, based on an order last week for legal briefs in a Louisiana congressional redistricting case originally filed by Black voters.
SANGHA KOMMUNE (SSR) 