Maryland AG Joins Coalition Urging Supreme Court to Uphold Key Voting Rights Act Enforcement Provision

Maryland Attorney General Anthony G. Brown, alongside 22 other state attorneys general, has called on the U.S. Supreme Court to review a recent federal appeals court ruling that significantly curtails the ability of individuals to sue for violations of the Voting Rights Act (VRA). The legal coalition has submitted an amicus brief in the case Turtle Mountain Band of Chippewa Indians v. Howe to defend Section 2 of the VRA, a crucial component designed to prevent racial discrimination in voting. This action comes in response to a decision that could leave many Americans without recourse if their right to cast a ballot is infringed upon due to their race.

The Voting Rights Act, originally passed in 1965, has long served as a cornerstone of American democracy, aiming to ensure that race is not a barrier to voting. Section 2 of this landmark legislation specifically prohibits states and local governments from implementing policies that result in racial discrimination at the ballot box. For nearly six decades, this section has been enforceable not only by the U.S. Attorney General but also by private citizens and organizations, allowing for a broad spectrum of legal challenges against discriminatory voting practices.

The Supreme Court is being asked to consider a case originating from North Dakota, where a legislative map enacted in 2022 was challenged under Section 2 of the VRA. A trial court determined that the map unfairly diluted the voting power of Native Americans. However, the U.S. Court of Appeals for the Eighth Circuit overturned this finding, ruling that private individuals and organizations lack the standing to bring lawsuits under Section 2 of the VRA. This decision, which applies to the seven states within the Eighth Circuit’s jurisdiction—Minnesota, Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota—represents a departure from established legal precedent and is currently the only federal circuit to adopt such a restrictive interpretation. The Supreme Court had previously intervened to temporarily halt the enforcement of the Eighth Circuit’s ruling at the request of the plaintiffs in the North Dakota case.

The coalition of attorneys general argues in their brief that private enforcement of the VRA has historically been the primary mechanism for upholding voting rights. They contend that relying solely on the U.S. Attorney General to enforce Section 2 would be insufficient, given the immense scope of the nation and the resources required for comprehensive oversight. Data from 1982 to 2024 indicates that private citizens have initiated more than 90% of all Section 2 challenges, while the U.S. Attorney General’s office has independently brought fewer than three such cases annually. The coalition also points out that the federal government may face political pressures that could influence its enforcement decisions, making an independent right of action for individuals essential to ensure consistent and impartial application of voting rights protections.

Furthermore, the brief highlights the critical importance of private enforcement in addressing urgent voting rights violations, which often arise in the context of impending elections. Without the ability for individuals to bring lawsuits, millions of Americans might be left with no immediate recourse and would have to rely on the federal government to act, potentially leading to delays that disenfranchise voters before an election even occurs. The coalition also stresses that the deterrent effect of the VRA is diminished if enforcement is perceived as weak or solely dependent on federal action. They draw a parallel to the period after a Supreme Court decision effectively weakened preclearance requirements for jurisdictions with a history of discrimination, after which many states enacted restrictive voting laws. The attorneys general joining Maryland in this effort include those from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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