LITTLE ROCK, Ark. — The Eighth Circuit Court of Appeals decided on Jan. 30 that it would not rehear the Arkansas State Conference NAACP's case against the Arkansas Board of Apportionment.
The Arkansas Public Policy Panel and the Arkansas State Conference NAACP asked for the case to go before the Eighth U.S. Circuit Court of Appeals for a second time after a three-judge panel ruled that private groups can't sue under a key section of the federal Voting Rights Act.
"Today’s ruling — like November’s 2-1 decision — applies only to states in the Eighth Circuit," the American Civil Liberties Union (ACLU) of Arkansas said in a press release. "While it blocks this challenge to the Arkansas House map, neither today’s decision nor the divided panel decision foreclose other avenues for private plaintiffs nationwide to sue to protect their rights under the Voting Rights Act."
However, Arkansas Attorney General Tim Griffin said the federal appeals court decision is a win for Arkansans.
“Arkansas’s redistricting process is done by Arkansans elected by their fellow Arkansans," Griffin said. "This decision is a win for our citizens and sends a message that the rule of law governs in Arkansas."
He also shared a reminder that "even the Biden administration declined to side with the claims of the ACLU and NAACP in this suit," Griffin said.
The ACLU of Arkansas said several groups will be exploring the next legal steps following Tuesday's decision.
"The decision by the Eighth Circuit to not revisit the case is a serious blow to the rights of Arkansas voters," said Holly Dickson, executive director of ACLU of Arkansas. "By allowing this ruling to stand, the court set a dangerous precedent that could have far-reaching implications for our democracy. However, our fight is far from over. We are exploring all available options to ensure that every Arkansan’s right to vote is protected and respected.”
Background
In 2021, the ACLU, the Arkansas State NAACP, and the Public Policy Panel sued the state after newly drawn redistricting maps went into effect. The ACLU said the redrawn map suppressed the voice of minority voters in the state as the plan created 11 majority-Black districts.
The suit, which was filed in an Arkansas U.S. District Court, was tossed out by Judge Lee Rudofsky in February 2022. The judge said he dismissed the case because only the U.S. attorney general could bring a lawsuit to protect voting rights under Section 2 of the Voting Rights Act of 1965, not private parties.
Following the judge's dismissal, the ACLU immediately decided to appeal the federal court ruling. The Eighth Circuit Court of Appeals upheld Judge Rudofsky's ruling in November 2023.
Report from November 2023:
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