Supreme Court Refuses to Restore Private Voting Rights Lawsuits

The Supreme Court of the United States declined on Monday to review a lower court ruling that eliminates the private right of action for enforcing Section 208 of the Voting Rights Act. This decision leaves in place a 2025 ruling by the 8th U.S. Circuit Court of Appeals, which determined that only the U.S. attorney general, not private individuals or organizations, has the authority to bring lawsuits to enforce provisions protecting voters with disabilities or literacy issues.

The legal battle began when Arkansas United challenged an Arkansas state law that prohibits non-poll workers from assisting more than six voters. The 8th Circuit's ruling applies to Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. This makes the 8th Circuit the only federal appeals court in the country to deny private enforcement under this section of the law.

Arkansas Attorney General Tim Griffin described the outcome as a victory for the state and a common-sense measure for election security. Conversely, the Mexican American Legal Defense and Educational Fund and the ACLU of Arkansas argue the decision erodes minority voting rights and creates barriers for voters with limited English proficiency. The Mexican American Legal Defense and Educational Fund intends to continue challenging the precedent through a separate lawsuit based in Missouri.