¿Qué pasó? 

On May 14, 2025, a federal appeals court made it harder for people in seven states to challenge racial discrimination in voting. The 8th Circuit Court of Appeals decided that private individuals and groups cannot sue under Section 2 of the Voting Rights Act (“VRA”) using a civil rights law called Section 1983 (42 U.S. Code § 1983). 

This decision affects Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—states already impacted by a 2023 decision from the same court that said only the federal government can bring Section 2 cases. 

Why is this consequential? 

For decades, Section 2 of the VRA has been one of the main tools used to fight racial discrimination in voting, especially when laws or political maps make it harder for people of color to have an equal say in elections. Private citizens, civil rights groups, and advocacy organizations bring most of these cases. 

This decision severely limits the ability of voters in those states to fight unfair voting laws and maps in court by forcing communities to rely on Donald Trump’s Department of Justice to enforce the Voting Rights Act. 

What is the Legal Argument

The court looked at whether people and groups can sue under Section 2 of the VRA by using another law—Section 1983—which allows individuals to sue state or local government officials for violations of those individuals’ constitutional or other legal rights.  

Two judges on the panel, Gruender and Kobes, said Section 2 of the VRA does not clearly give individuals a “right” that can be enforced this way. Therefore, people cannot use Section 1983 to initiate these lawsuits. 

Chief Judge Colloton strongly disagreed. He said that courts have allowed private lawsuits under Section 2 for over 40 years, and more than 400 such cases have shaped how voting rights are protected in America. In his view, this decision by the majority throws all of that out the window. 

Where did this case come from? 

The case began in North Dakota, after the state legislature drew new voting district maps following the 2020 census. In 2021, Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and three individual Native Americans sued North Dakota’s Secretary of State under Section 2 of the VRA and Section 1983, alleging that the State’s 2021 redistricting diluted Native American voting strength in violation of Section 2 of the VRA and made it harder for Native voters to elect leaders to represent them. 

They argued that for the first time in over 30 years, no Native Americans are serving in the North Dakota state Senate, which they say is partly because of how legislators drew districts. They sued under Section 2, using Section 1983 as the legal pathway. 

But the court said this should no longer be allowed, at least not in these seven states. 

What does this mean going forward?
In practical terms, this decision means: 

• Fewer lawsuits to protect voting rights will be filed in these states unless the U.S. Justice Department decides to act. 

• There will be less oversight of potentially discriminatory election laws or redistricting maps where the Justice Department decides not to pursue such cases.  

• Communities of color will lack a crucial tool for combatting racial discrimination in elections. 

What’s Next? 

• The plaintiffs could appeal this decision to the U.S. Supreme Court. 

• Congress could also choose to act by amending the VRA to clearly state that individuals can sue under Section 2. However, this would likely face political hurdles. 

Conclusión 

This decision weakens a key legal tool used to protect the right to vote for people of color. For decades, individuals and groups have been on the front lines of fighting unfair voting practices. Now, in seven states, their ability to do that has been sharply limited.