Attorney General Anthony G. Brown has joined 23 other attorneys general in urging the U.S. Supreme Court to review a lower court decision that prevents individuals from suing to enforce Section 2 of the Voting Rights Act (VRA).
The coalition filed an amicus brief in Turtle Mountain Band of Chippewa Indians v. Howe, defending the right of private citizens to sue under Section 2, which prohibits racially discriminatory voting practices by state and local governments. For nearly six decades, both the U.S. Attorney General and private citizens have been able to file lawsuits to enforce the law.
The case stems from a 2022 lawsuit filed by voters and two tribes challenging North Dakota’s legislative map. A district court found the map diluted Native American votes, but the Eighth Circuit Court of Appeals reversed the decision, ruling that individuals and organizations cannot sue to enforce Section 2. The ruling affects seven states in the Eighth Circuit—Minnesota, Arkansas, Iowa, Missouri, Nebraska, North Dakota, and South Dakota—and makes that circuit the only one to bar private enforcement. The Supreme Court has temporarily halted implementation of the decision and is being asked to review it.
The coalition’s brief argues that private enforcement has been central to protecting voters from racial discrimination, accounting for more than 90% of Section 2 challenges between 1982 and 2024. In contrast, the U.S. Attorney General brought only 7.5% of such cases. The brief states that limiting enforcement to the federal government would weaken protections, as the Department of Justice lacks the resources to handle all violations nationwide.
The attorneys general also warn that restricting private lawsuits could make enforcement dependent on political administrations and reduce deterrence against discriminatory laws. They cite examples of states enacting restrictive voting laws after other VRA provisions were weakened.
Joining Brown in the filing are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
