Justice Neil Gorsuch tacked on a handful of sentences to a 2021 Supreme Court ruling, planting the seeds of a legal fight that could further weaken Voting Rights Act protections for people of color.
And the"thing" Gorsuch wanted to flag was a question he said no one in the case had raised before the court: Who has the right to sue to try to enforce that key section of the landmark law?
"It keeps me up at night," says Doug Spencer, an associate professor of law at the University of Colorado, whoand is concerned about the argument not to allow private individuals to sue under Section 2. "From what the Court has seen thus far, there is a strong merits case that at least some of the challenged districts in the Board Plan are unlawful" under Section 2, Rudofsky's ruling said.words of the Voting Rights Act
Citing Gorsuch's paragraph that flagged whether private individuals can sue as an"open question" among lower federal courts, Rudofsky concluded that there was a"narrow question" to decide in this Arkansas case —"whether, under current Supreme Court precedent, a court should imply a private right of action to enforce [Section 2] of the Voting Rights Act where Congress has not expressly provided one.
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