In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. § 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the ACLU and ACLU of Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.

When drawing its new maps, the Weld County Board of County Commissioners violated Colorado law imposing specific requirements meant to guarantee that county commission districts are drawn transparently and fairly, such that voters are empowered to elect responsive and accountable commissioners. A Colorado district court granted summary judgment to voter plaintiffs who challenged the maps, but the Board appealed the decision, arguing in part that voters lacked standing and a right of action to challenge the unlawful districts.

Voters of color in Nassau County, N.Y., are no strangers to having to organize to ensure their votes count. But in 2023, the county’s Legislature took vote dilution to new heights. In places like Elmont, Freeport, Inwood, Lakeview, South Valley Stream, New Hyde Park, and Uniondale, the Legislature “cracked and packed” communities of color with the effect of squashing their growing electoral power. But the landmark John R. Lewis Voting Rights Act of New York (NYVRA), enacted in 2022, and the New York Municipal Home Rule Law prohibit New York State and localities from diluting the voting strength and political influence of Black, Latino, and Asian residents.

South Carolina unlawfully assigned voters to congressional districts based on their race and intentionally discriminated against Black voters in violation of the Equal Protection Clause.