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Supreme Court keeps pause on ruling that would bar private Voting Rights Act suits

Supreme Court keeps pause on ruling that would bar private Voting Rights Act suits

Rule Changes

The Eighth Circuit held that individuals and groups cannot sue under Section 2; the justices have temporarily preserved that path.

Today: Supreme Court stays Eighth Circuit ruling

Overview

Updated 49 minutes ago

For decades, voters and civil rights groups have used private lawsuits to enforce Section 2 of the Voting Rights Act. A ruling by the Eighth Circuit would end that path in seven states.

The Supreme Court has kept the ruling on hold, so private suits can continue for now. The justices have not decided whether Congress allowed those suits.

Why it matters

If the Eighth Circuit ruling takes effect, voters in seven states could not sue over racial vote dilution; only the Justice Department could.

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Key Indicators

7
States covered by the Eighth Circuit
Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota are covered by the Eighth Circuit.
3
Justices who would have denied the stay
Thomas, Alito and Gorsuch said they would have denied the stay.
2
Native-majority districts eliminated by the 2021 map
The 2021 map eliminated two of three districts where Native voters could elect their candidates.
70%
Justice Department Civil Rights Division staff shed
The Brennan Center says the division shed 70 percent of its staff since January 2025.

Voices

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People Involved

CB
Collette Brown
North Dakota state representative and plaintiff
Plaintiff in Turtle Mountain v. Howe
MH
Michael Howe
North Dakota Secretary of State
Defendant in Turtle Mountain v. Howe
 Brett Kavanaugh
Brett Kavanaugh
Associate Justice, Supreme Court of the United States
Voted to stay the Eighth Circuit ruling
 Clarence Thomas
Clarence Thomas
Associate Justice, Supreme Court of the United States
Would have denied the stay
 Ketanji Brown Jackson
Ketanji Brown Jackson
Associate Justice, Supreme Court of the United States
Dissented from May 2026 remand order

Organizations Involved

Supreme Court of the United States
Supreme Court of the United States
Federal high court
Issued stay; has not resolved private-right question

The nation's highest court, which has twice intervened in the North Dakota redistricting fight without settling whether private plaintiffs can enforce Section 2.
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Eighth Circuit
Federal Appeals Court
Ruled private plaintiffs cannot sue under Section 2 via Section 1983

The appellate court covering seven Midwestern states, which held that private plaintiffs cannot use Section 1983 to enforce Section 2.
North Dakota Secretary of State
North Dakota Secretary of State
State office
Defendant in redistricting case

The state office that administers elections and defended North Dakota's 2021 legislative map.
TM
Turtle Mountain Band of Chippewa Indians
Federally recognized tribe
Plaintiff

A North Dakota tribe that sued over the 2021 legislative map and helped bring the case to the Supreme Court.
Spirit Lake Tribe
Spirit Lake Tribe
Federally recognized tribe
Plaintiff

A North Dakota tribe that joined the lawsuit challenging the 2021 legislative map.
U.S. Department of Justice
U.S. Department of Justice
Federal agency
Could enforce Section 2 if private suits are barred

The federal agency that would become the main enforcer of Section 2 if private suits are barred.

Timeline

2021 November 2026

10 events Latest: Today
Tap a bar to jump to that date

  1. Supreme Court stays Eighth Circuit ruling

    Today Supreme Court

    The order keeps private plaintiffs able to bring Section 2 claims while the appeal continues.

  2. Supreme Court sends cases back to lower courts

    Supreme Court

    The Court avoided the private-right question in the North Dakota and Mississippi cases. Jackson dissented.

  3. Plaintiffs file cert petition

    Legal

    The plaintiffs asked the Supreme Court to review the Eighth Circuit's private-right ruling.

  4. Supreme Court grants stay

    Supreme Court

    The Court paused the Eighth Circuit ruling. Thomas, Alito and Gorsuch said they would have denied the request.

  5. Plaintiffs ask Supreme Court to stay ruling

    Legal

    The tribes and voters said the ruling would cause irreparable harm if the 2021 map governed the 2026 election.

  6. Full Eighth Circuit denies rehearing

    Appeal

    The plaintiffs asked the full court to rehear the case. The court declined.

  7. Eighth Circuit bars private Section 2 suits

    Appeal

    A three-judge panel held that private plaintiffs cannot use Section 1983 to enforce Section 2.

  8. Federal court rules map dilutes Native voting power

    Legal

    The district court ordered North Dakota to adopt a new map. The 2024 election produced three Native American legislators.

  9. Tribes and voters sue North Dakota

    Legal

    The Turtle Mountain Band, Spirit Lake Tribe and three Native voters challenged the map under Section 2 and Section 1983.

  10. North Dakota adopts new legislative map

    Redistricting

    The map eliminated two of three districts where Native American voters could elect their candidates.

Scenarios

1

Supreme Court upholds private Section 2 suits

Possible Resolves by Q2 2027

Discussed by: Brennan Center for Justice, SCOTUSblog

The justices grant review in Turtle Mountain v. Howe and hold that private plaintiffs may enforce Section 2. That would preserve the main path for challenging maps in the seven Eighth Circuit states.

2

Supreme Court bars private Section 2 suits

Possible Resolves by Q2 2027

Discussed by: Eighth Circuit majority, North Dakota officials

The justices grant review and adopt the Eighth Circuit's view that Section 2 does not create a private right of action. Enforcement would then depend on the Justice Department.

3

No merits ruling; private suits continue on remand

Likely Resolves by End of 2027

Discussed by: SCOTUSblog, GBH

The Supreme Court again declines to take up the private-right question, leaving the stay in place and the case in lower courts. Private suits remain available in the Eighth Circuit for now.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

August 1965

Voting Rights Act of 1965

Congress enacted the Voting Rights Act. Section 2 bans racial discrimination in voting, including redistricting plans that dilute minority voting power.

Then

Private plaintiffs and the Justice Department began using Section 2 to challenge maps and voting rules.

Now

Private suits became the main enforcement path. A majority of Section 2 cases have been brought by private parties.

Why this matters now

The current fight is over whether that private path survives.

November 2023

Eighth Circuit private-action ruling (2023)

A separate Eighth Circuit panel held that Congress did not intend private parties to sue directly under Section 2. The ruling did not address Section 1983.

Then

The decision created a split among courts on private enforcement.

Now

It set up the 2025 panel ruling that extended the bar to Section 1983 claims.

Why this matters now

The North Dakota case now tests whether that approach survives Supreme Court review.

July 2025

Supreme Court emergency stay (2025)

Two days before the Eighth Circuit ruling was to take effect, the Supreme Court stayed it. Justices Thomas, Alito and Gorsuch said they would have denied the request.

Then

Private plaintiffs could keep bringing Section 2 claims while the case continued.

Now

The stay preserved the status quo but did not resolve the private-right question.

Why this matters now

The current order repeats that temporary fix.

Sources

(9)
+3
Election Newsdesk SCOTUSblog CBS News Politico NPR GBH Democracy Docket Brennan Center for Justice Supreme Court of the United States