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Federal court moves to weaken Voting Rights Act.


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There's zero doubt in my mind that this case is going to SCOTUS, especially since other conservative-leaning courts like the 5th Circuit have considered and rejected the argument that Section 2 of the Voting Rights Act does not have a private right of action.

 

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Just last week, a three-judge panel on the 5th U.S. Circuit Court of Appeals, a circuit notorious for its conservative composition, held that there is a private right of action under Section 2, the complete opposite of today’s ruling out of the 8th Circuit. 

 

The 5th Circuit concluded that “There has not been frequent need in the circuit courts to analyze the issue. The Sixth Circuit once held without any analysis that Section 2 conveys a private right of action…The Eleventh Circuit discussed the issue at length and also concluded there was a private right of action under Section 2…there is a right for these Plaintiffs to bring these claims.” 

 

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