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The #Louisiana case heard Wednesday raises the possibility that #SCOTUS will rule that the #law, in seeking to protect minority voters, runs afoul of a conservative understanding of the #14thAmendment, one that forbids the government from making distinctions based on #race.
In the #NorthDakota case, the US Court of Appeals for the 8th Circuit ruled in July that only the government, not voters or other private parties, can sue to enforce the voting law.
If #SCOTUS ends up agreeing with the 8th Circuit, it would upend #VotingRights #litigation nationwide. According to a supporting brief filed by voting rights historians last year in a different case, 93% of challenges under the provision since 1982 were brought by private plaintiffs. It is very unlikely that the #Trump admin would sue to enforce the law in most voting controversies.
The case, Turtle Mountain Band of Chippewa Indians v. Howe, was brought by 2 tribes & several voters. It challenged a state legislative map that they said denied #NativeAmerican voters an #equal opportunity to elect candidates of their choice.
#SCOTUS paused the 8th Circuit’s ruling in July. 3 members of the court — Justices #ClarenceThomas, Samuel #Alito & Neil #Gorsuch — noted dissents. It takes 4 votes to grant review.
#law#VotingRights#VRA#CivilRights#ActivistCourt#WhiteSupremacy
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