Massachusetts Attorney General Andrea Joy Campbell has stepped into the fray alongside a coalition of her counterparts, urging the U.S. Court of Appeals for the Eighth Circuit to preserve the foundational principles of the Voting Rights Act (VRA). In a collective effort to protect every American's right to a fair vote, 18 attorneys general have come together to file an amicus brief in the critical case of Turtle Mountain Band of Chippewa Indians v. Howe, which defends a citizen's ability to bring forth lawsuits under Section 2 of the VRA upon facing discrimination or obstacles in voting. Campbell argued on Mass.gov, "For nearly six decades, private citizens have been empowered to enforce the Voting Rights Act, ensuring that every eligible voter—regardless of race—can participate equally in our elections."
At the heart of the dispute lies the map recently drawn up by North Dakota, argued to diminish the voting power of Native Americans. Initially ruled unlawful at the district court level, the Eighth Circuit Court of Appeals upended this decision, barring individuals and organizations—counter to 60 years of precedent—from suing to enforce Section 2 of the VRA. Only with a full rehearing of the case, contends the coalition, can we maintain the checks and balances that have long been the bulwark against racial discrimination in our democratic processes.
Key to their argument is the historical reliance on private lawsuits as a mechanism for ensuring voting rights, a tradition evidenced by the "approximately 400 private VRA cases" as opposed to the roughly "40 brought by the U.S. Attorney General," according to the coalition's brief. Acknowledging the limited scope of the U.S. Attorney General's office, without this avenue for private action, voters would find themselves without recourse should their rights be disregarded, effectively tethering the safeguarding of those rights to the priorities of a potentially indifferent administration. The private right of action confers not just a means of redress but a deterrent against those who would consider undermining the fair administration of our elections, as detailed by Mass.gov.
Moreover, the coalition points towards the aftermath of the Supreme Court decision that voided a Section of the VRA enshrining preclearance requirements for jurisdictions with histories of racial discrimination in voting law alterations. In the wake of that ruling, states quickly moved to enact voting restrictions, illustrating the chilling effect on rights protections when enforcement mechanisms are impaired or removed entirely. Joining AG Campbell in the brief were attorneys general from a wide swath of U.S. states and territories including California and New York, united in a show of force for the VRA's enduring legacy.
