Latest news with #Section1983
Newsweek
26-06-2025
- Politics
- Newsweek
Clarence Thomas Urges 'Reexamination' of 150-Year-Old Civil Rights Statute
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Associate Supreme Court Justice Clarence Thomas wrote in a new opinion issued Thursday that the Court should "reexamine" a century-old section of federal law that widely enables civil rights litigation. Why It Matters The Supreme Court's 6-3 decision along partisan lines on Thursday in Medina v. Planned Parenthood South Atlantic rules that states can block Medicaid funding to Planned Parenthood, the nation's largest abortion provider. The South Carolina case originally stems from non-abortion services including contraception, cancer screenings and pregnancy testing. What To Know Justice Neil Gorsuch delivered the opinion for the conservative-leaning court. Liberal justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor dissented. But it was Justice Thomas' parting words in his dissent that also drew attention. "The Court properly applies our precedents to resolve the question presented," Thomas writes. "As it makes clear, even under current doctrine, courts should not too readily recognize a statutory right as enforceable under §1983. "But, given the remarkable gap between the original understanding of §1983 and its current role, a more fundamental reexamination of our §1983 jurisprudence is in order." U.S. Supreme Court Associate Justice Clarence Thomas appears before swearing in Pam Bondi as U.S. Attorney General in the Oval Office at the White House on February 05, 2025 in Washington, DC. U.S. Supreme Court Associate Justice Clarence Thomas appears before swearing in Pam Bondi as U.S. Attorney General in the Oval Office at the White House on February 05, 2025 in Washington, 1983 of the Civil Rights Act of 1871, known formally as 42 U.S.C. §1983, is a federal law that allows for the suing of state and local government officials for violating constitutional rights. It's also used widely in federal civil rights litigation. Thomas' interpretation and feelings toward the 150-year-old law have been conveyed numerous times in past Court decisions. In 2020, Thomas dissented on cases the Court declined to hear challenging the doctrine of qualified immunity, writing: "I have previously expressed my doubts about our qualified immunity jurisprudence. Because our Section 1983 qualified immunity doctrine appears to stray from the statutory text, I would grant this petition." He also argued that while Section 1983 makes no mention of defenses or immunities, its text provides individuals the right to sue and "applies categorically to the deprivation of constitutional rights under color of state law." In 2023, as part of the majority reaffirming that private plaintiffs can enforce spending clause enactments under Section 1983, Thomas wrote a 36-page solo dissent arguing provisions and constitutionality under that law. This past February, the Court ruled in a case involving petitioners from Alabama who were unemployed workers and sued the Alabama Department of Labor under Section 1983 for allegedly unlawfully delaying the processing of state unemployment benefits claims. "As a matter of first principles, States have unfettered discretion over whether to provide a forum for §1983 claims in their courts," Thomas wrote in a dissenting opinion. "And, Alabama's exhaustion rule does not transgress the limitations that our precedents have recognized." What People Are Saying Alexis McGill Johnson, President and CEO of Planned Parenthood Federation of America, in a statement: "Today, the Supreme Court once again sided with politicians who believe they know better than you, who want to block you from seeing your trusted health care provider and making your own health care decisions. And the consequences are not theoretical in South Carolina or other states with hostile legislatures. Patients need access to birth control, cancer screenings, STI testing and treatment, and more." South Carolina Governor Henry McMaster in a statement: "Seven years ago, we took a stand to protect the sanctity of life and defend South Carolina's authority and values—and today, we are finally victorious. The legality of my executive order prohibiting taxpayer dollars from being used to fund abortion providers like Planned Parenthood has been affirmed by the highest court in the land." Lila Rose, president and founder of anti-abortion group Live Action, in a post on X: "Taxpayers shouldn't be forced to fund abortion. Let's finish the job and defund them at the state & federal levels now!" What Happens Next The Court's decision potentially paves the way for other states to mirror how Medicaid funding is distributed.
Yahoo
24-06-2025
- Politics
- Yahoo
'Who are these people?' Masked immigration agents challenge local police, sow fear in L.A.
Increasingly aggressive immigration raids carried out by masked federal agents, sometimes using unmarked vehicles, are creating problems for local law enforcement agencies. Police have little or no insight into where the federal enforcement actions are taking place but often have to deal with the aftermath, including protests and questions from residents about what exactly happened. In some cases, local cops have been mistaken for federal agents, eroding years of work to have immigrant communities trust the police. In Bell, chaos erupted when masked men arrived at a car wash and began detaining its workers, sparking a confrontation with residents and immigration rights advocates before they were forced to hastily drive over curbs and street islands to escape. In Pasadena last week, a man stepped out of his unmarked vehicle at an intersection, unholstered his pistol and aimed it at a group of pedestrians before returning to his car, turning on its red and blue emergency lights and speeding off. Video of the incident went viral. That incident left the police chief of Pasadena resigned to figure out whether it was a crime or part of a federal raid. "There's no way for us to verify," Police Chief Gene Harris said. The department reviewed surveillance footage and other video and saw the credentials on the man's uniform, according to the chief. "We were able to determine that to the best of our estimation he was an ICE agent. ... We will not look into it any deeper than that," he said. Read more: Feds vow to continue immigration enforcement 'every day in L.A.' Here are your rights At Dodger Stadium last week, immigration agents staged outside the parking lot prompted protests and questions that local officials had to address. "They show up without uniforms. They show up completely masked. They refuse to give ID," Los Angeles Mayor Karen Bass said during a news briefing after the Dodger Stadium incident. "Who are these people? And frankly, the vests that they have on look like they ordered them from Amazon. Are they bounty hunters? Are they vigilantes? If they're federal officials, why is it that they do not identify themselves?" Ed Obayashi, a Northern California deputy and use-of-force expert, said federal agents enjoy great autonomy and "can do what they want in their official capacity." "If they point a gun or take someone in, local police cannot step in and interfere regardless of the circumstances," Obayashi said. He said that federal agencies have extensive use-of-force policies on drawing weapons but that, ultimately, if the overall directive is to take this action, then the guidelines don't matter. "If Homeland Security says this is what we want, the policy guidelines when it comes to gun and force doesn't matter," he added. "There is little redress against federal law enforcement in the civil courts compared to local police." Federal agents are not subject to the same statues as local police, namely Section 1983 claims that allow people to sue certain government agencies and employees for violating their civil rights. "The U.S. Supreme Court has repeatedly shielded federal agents from legal repercussions," Obayashi said. The incidents at Dodger Stadium, in Bell and in Pasadena unfolded more than two weeks after masked immigration agents descended on the region carrying out a wave of immigration sweeps in predominately Latino communities. Residents are on edge as masked men are appearing and detaining their friends, relatives and neighbors without any clear sign they are part of federal immigration enforcement and refuse to show identification or a warrant. The Pasadena incident showed how social media can amplify an incident and highlight the lack of response from local officials. In a video posted to Instagram from Pasadena, a suspected federal agent is seen exiting a Dodge Charger at an intersection and pointing his gun at members of the public. In the video, a person walks up to the back of the Dodge Charger and appears to take a photo of the license plate. That's when the driver gets out of the vehicle and points a gun at the person who was behind the vehicle, then toward another person outside of the video frame. The word "Police" is visible on the driver's vest, along with a badge on his hip. After a few seconds, the man puts the gun away and gets back into the car as bystanders shout at him. The man then activates the vehicle's red and blue lights common to law enforcement vehicles and drives away. Citizens shared the vehicle's license plate on social media, which led to more questions than answers. According to Pasadena officials, the vehicle's license plate is a "cold plate," or untraceable, which is typically used by law enforcement in undercover criminal operations. "One question is this a law enforcement agent or someone pretending to be a law enforcement agent, and there is no good answer here," Pasadena Mayor Victor Gordo told The Times. "[To] have a law enforcement agent draw his weapon and point it toward someone using their iPhone, and a crowd, is showing a lack of training and a lack of temperance in the use of force." He's still hopeful that the federal government will acknowledge the incident and provide some clarity. As more immigration sweeps happen, Gordo is worried that there could be an accidental shooting or that police could end up caught in the middle if unidentified federal agents are pulling out their guns in public. Previous administrations informed the city of enforcement actions to avoid accidental confrontations between law enforcement, according to Gordo. "Our police need to be aware of undercover or unmarked law enforcement operations. These operations are endangering everyone in our neighborhoods," he said. If citizens do encounter a matter where it appears that someone is impersonating law enforcement, they should call 911, Harris said. But local police will not interfere with federal activities, he said. "I understand the lingering fear in the community," Harris said. "I would tell [citizens] to defer to their own feelings, understand what's going on around them." He added that federal immigration activities in Pasadena have not impeded local police efforts or response times. There have been no arrests, property damage or violence related to protests against the immigration sweeps in Pasadena, officials said. About an hour's drive inland in Fontana, the lack of clarity is making work harder for local police who have been mistaken for federal immigration agents. Officers investigating a recent burglary were mistaken for federal immigration agents over social media, Fontana Police Sgt. Nathan Weiske said. In another instance, undercover officers were confronted by protesters who thought they were conducting surveillance for an immigration sweep. "It is not safe for our officers, or for others involved in any active police operations if misrepresentations or misunderstandings lead to inappropriate engagement," Fontana Police Chief Michael Dorsey said in a Facebook post. In some parts of the Southland, the response to the immigration raids can be swift and fierce. In Bell, masked men in fatigues detained at least three people at a car wash, drawing a large protest. Dozens of people swarmed the area and shouted at the agents, 'Are you a bounty hunter? How much is the bounty for an illegal right now?' questioning their identities. Video showed the men, wearing fatigues and balaclavas and carrying long weapons, fire tear gas to disperse the crowd so they could leave. The Department of Homeland Security said Border Patrol vehicles were damaged during the incident. Huntington Park Mayor Arturo Flores calls the federal government's presence in the region "political theater" meant to antagonize the Latino population. Flores plans to introduce a motion to the City Council that will direct local police to ask federal agents to identify themselves if they attempt to carry out an immigration operation in the city. "What happens if you have bad actors who decide to throw on an olive drab outfit and go around abducting people?" Flores told The Times. "I would not ask our officers to interfere with federal matters. But we have to be prepared to hold these agencies accountable for their actions. There's a tragedy waiting to happen." Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Yahoo
24-06-2025
- Politics
- Yahoo
'Who are these people?' Masked immigration agents challenge local police, sow fear in L.A.
Increasingly aggressive immigration raids carried out by masked federal agents, sometimes using unmarked vehicles, are creating problems for local law enforcement agencies. Police have little or no insight into where the federal enforcement actions are taking place but often have to deal with the aftermath, including protests and questions from residents about what exactly happened. In some cases, local cops have been mistaken for federal agents, eroding years of work to have immigrant communities trust the police. In Bell, chaos erupted when masked men arrived at a car wash and began detaining its workers, sparking a confrontation with residents and immigration rights advocates before they were forced to hastily drive over curbs and street islands to escape. In Pasadena last week, a man stepped out of his unmarked vehicle at an intersection, unholstered his pistol and aimed it at a group of pedestrians before returning to his car, turning on its red and blue emergency lights and speeding off. Video of the incident went viral. That incident left the police chief of Pasadena resigned to figure out whether it was a crime or part of a federal raid. "There's no way for us to verify," Police Chief Gene Harris said. The department reviewed surveillance footage and other video and saw the credentials on the man's uniform, according to the chief. "We were able to determine that to the best of our estimation he was an ICE agent. ... We will not look into it any deeper than that," he said. Read more: Feds vow to continue immigration enforcement 'every day in L.A.' Here are your rights At Dodger Stadium last week, immigration agents staged outside the parking lot prompted protests and questions that local officials had to address. "They show up without uniforms. They show up completely masked. They refuse to give ID," Los Angeles Mayor Karen Bass said during a news briefing after the Dodger Stadium incident. "Who are these people? And frankly, the vests that they have on look like they ordered them from Amazon. Are they bounty hunters? Are they vigilantes? If they're federal officials, why is it that they do not identify themselves?" Ed Obayashi, a Northern California deputy and use-of-force expert, said federal agents enjoy great autonomy and "can do what they want in their official capacity." "If they point a gun or take someone in, local police cannot step in and interfere regardless of the circumstances," Obayashi said. He said that federal agencies have extensive use-of-force policies on drawing weapons but that, ultimately, if the overall directive is to take this action, then the guidelines don't matter. "If Homeland Security says this is what we want, the policy guidelines when it comes to gun and force doesn't matter," he added. "There is little redress against federal law enforcement in the civil courts compared to local police." Federal agents are not subject to the same statues as local police, namely Section 1983 claims that allow people to sue certain government agencies and employees for violating their civil rights. "The U.S. Supreme Court has repeatedly shielded federal agents from legal repercussions," Obayashi said. The incidents at Dodger Stadium, in Bell and in Pasadena unfolded more than two weeks after masked immigration agents descended on the region carrying out a wave of immigration sweeps in predominately Latino communities. Residents are on edge as masked men are appearing and detaining their friends, relatives and neighbors without any clear sign they are part of federal immigration enforcement and refuse to show identification or a warrant. The Pasadena incident showed how social media can amplify an incident and highlight the lack of response from local officials. In a video posted to Instagram from Pasadena, a suspected federal agent is seen exiting a Dodge Charger at an intersection and pointing his gun at members of the public. In the video, a person walks up to the back of the Dodge Charger and appears to take a photo of the license plate. That's when the driver gets out of the vehicle and points a gun at the person who was behind the vehicle, then toward another person outside of the video frame. The word "Police" is visible on the driver's vest, along with a badge on his hip. After a few seconds, the man puts the gun away and gets back into the car as bystanders shout at him. The man then activates the vehicle's red and blue lights common to law enforcement vehicles and drives away. Citizens shared the vehicle's license plate on social media, which led to more questions than answers. According to Pasadena officials, the vehicle's license plate is a "cold plate," or untraceable, which is typically used by law enforcement in undercover criminal operations. "One question is this a law enforcement agent or someone pretending to be a law enforcement agent, and there is no good answer here," Pasadena Mayor Victor Gordo told The Times. "[To] have a law enforcement agent draw his weapon and point it toward someone using their iPhone, and a crowd, is showing a lack of training and a lack of temperance in the use of force." He's still hopeful that the federal government will acknowledge the incident and provide some clarity. As more immigration sweeps happen, Gordo is worried that there could be an accidental shooting or that police could end up caught in the middle if unidentified federal agents are pulling out their guns in public. Previous administrations informed the city of enforcement actions to avoid accidental confrontations between law enforcement, according to Gordo. "Our police need to be aware of undercover or unmarked law enforcement operations. These operations are endangering everyone in our neighborhoods," he said. If citizens do encounter a matter where it appears that someone is impersonating law enforcement, they should call 911, Harris said. But local police will not interfere with federal activities, he said. "I understand the lingering fear in the community," Harris said. "I would tell [citizens] to defer to their own feelings, understand what's going on around them." He added that federal immigration activities in Pasadena have not impeded local police efforts or response times. There have been no arrests, property damage or violence related to protests against the immigration sweeps in Pasadena, officials said. About an hour's drive inland in Fontana, the lack of clarity is making work harder for local police who have been mistaken for federal immigration agents. Officers investigating a recent burglary were mistaken for federal immigration agents over social media, Fontana Police Sgt. Nathan Weiske said. In another instance, undercover officers were confronted by protesters who thought they were conducting surveillance for an immigration sweep. "It is not safe for our officers, or for others involved in any active police operations if misrepresentations or misunderstandings lead to inappropriate engagement," Fontana Police Chief Michael Dorsey said in a Facebook post. In some parts of the Southland, the response to the immigration raids can be swift and fierce. In Bell, masked men in fatigues detained at least three people at a car wash, drawing a large protest. Dozens of people swarmed the area and shouted at the agents, 'Are you a bounty hunter? How much is the bounty for an illegal right now?' questioning their identities. Video showed the men, wearing fatigues and balaclavas and carrying long weapons, fire tear gas to disperse the crowd so they could leave. The Department of Homeland Security said Border Patrol vehicles were damaged during the incident. Huntington Park Mayor Arturo Flores calls the federal government's presence in the region "political theater" meant to antagonize the Latino population. Flores plans to introduce a motion to the City Council that will direct local police to ask federal agents to identify themselves if they attempt to carry out an immigration operation in the city. "What happens if you have bad actors who decide to throw on an olive drab outfit and go around abducting people?" Flores told The Times. "I would not ask our officers to interfere with federal matters. But we have to be prepared to hold these agencies accountable for their actions. There's a tragedy waiting to happen." Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
24-06-2025
- Politics
- Los Angeles Times
‘Who are these people?' Masked immigration agents sow fear in L.A., vex local police
Increasingly aggressive immigration raids carried out by masked federal agents, sometimes using unmarked vehicles, are creating problems for local law enforcement agencies. Police have little or no insight into where the federal enforcement actions are taking place but often have to deal with the aftermath, including protests and questions from residents about what exactly happened. In some cases, local cops have been mistaken for federal agents, eroding years of work to have immigrant communities trust the police. In Bell, chaos erupted when masked men arrived at a car wash and began detaining its workers, sparking a confrontation with residents and immigration rights advocates before they were forced to hastily drive over curbs and street islands to escape. In Pasadena last week, a man stepped out of his unmarked vehicle at an intersection, unholstered his pistol and aimed it at a group of pedestrians before returning to his car, turning on its red and blue emergency lights and speeding off. Video of the incident went viral. That incident left the police chief of Pasadena resigned to figure out whether it was a crime or part of a federal raid. 'There's no way for us to verify,' Police Chief Gene Harris said. The department reviewed surveillance footage and other video and saw the credentials on the man's uniform, according to the chief. 'We were able to determine that to the best of our estimation he was an ICE agent. ... We will not look into it any deeper than that,' he said. At Dodger Stadium last week, immigration agents staged outside the parking lot prompted protests and questions that local officials had to address. 'They show up without uniforms. They show up completely masked. They refuse to give ID,' Los Angeles Mayor Karen Bass said during a news briefing after the Dodger Stadium incident. 'Who are these people? And frankly, the vests that they have on look like they ordered them from Amazon. Are they bounty hunters? Are they vigilantes? If they're federal officials, why is it that they do not identify themselves?' Ed Obayashi, a Northern California deputy and use-of-force expert, said federal agents enjoy great autonomy and 'can do what they want in their official capacity.' 'If they point a gun or take someone in, local police cannot step in and interfere regardless of the circumstances,' Obayashi said. He said that federal agencies have extensive use-of-force policies on drawing weapons but that, ultimately, if the overall directive is to take this action, then the guidelines don't matter. 'If Homeland Security says this is what we want, the policy guidelines when it comes to gun and force doesn't matter,' he added. 'There is little redress against federal law enforcement in the civil courts compared to local police.' Federal agents are not subject to the same statues as local police, namely Section 1983 claims that allow people to sue certain government agencies and employees for violating their civil rights. 'The U.S. Supreme Court has repeatedly shielded federal agents from legal repercussions,' Obayashi said. The incidents at Dodger Stadium, in Bell and in Pasadena unfolded more than two weeks after masked immigration agents descended on the region carrying out a wave of immigration sweeps in predominately Latino communities. Residents are on edge as masked men are appearing and detaining their friends, relatives and neighbors without any clear sign they are part of federal immigration enforcement and refuse to show identification or a warrant. The Pasadena incident showed how social media can amplify an incident and highlight the lack of response from local officials. In a video posted to Instagram from Pasadena, a suspected federal agent is seen exiting a Dodge Charger at an intersection and pointing his gun at members of the public. In the video, a person walks up to the back of the Dodge Charger and appears to take a photo of the license plate. That's when the driver gets out of the vehicle and points a gun at the person who was behind the vehicle, then toward another person outside of the video frame. The word 'Police' is visible on the driver's vest, along with a badge on his hip. After a few seconds, the man puts the gun away and gets back into the car as bystanders shout at him. The man then activates the vehicle's red and blue lights common to law enforcement vehicles and drives away. Citizens shared the vehicle's license plate on social media, which led to more questions than answers. According to Pasadena officials, the vehicle's license plate is a 'cold plate,' or untraceable, which is typically used by law enforcement in undercover criminal operations. 'One question is this a law enforcement agent or someone pretending to be a law enforcement agent, and there is no good answer here,' Pasadena Mayor Victor Gordo told The Times. '[To] have a law enforcement agent draw his weapon and point it toward someone using their iPhone, and a crowd, is showing a lack of training and a lack of temperance in the use of force.' He's still hopeful that the federal government will acknowledge the incident and provide some clarity. As more immigration sweeps happen, Gordo is worried that there could be an accidental shooting or that police could end up caught in the middle if unidentified federal agents are pulling out their guns in public. Previous administrations informed the city of enforcement actions to avoid accidental confrontations between law enforcement, according to Gordo. 'Our police need to be aware of undercover or unmarked law enforcement operations. These operations are endangering everyone in our neighborhoods,' he said. If citizens do encounter a matter where it appears that someone is impersonating law enforcement, they should call 911, Harris said. But local police will not interfere with federal activities, he said. 'I understand the lingering fear in the community,' Harris said. 'I would tell [citizens] to defer to their own feelings, understand what's going on around them.' He added that federal immigration activities in Pasadena have not impeded local police efforts or response times. There have been no arrests, property damage or violence related to protests against the immigration sweeps in Pasadena, officials said. About an hour's drive inland in Fontana, the lack of clarity is making work harder for local police who have been mistaken for federal immigration agents. Officers investigating a recent burglary were mistaken for federal immigration agents over social media, Fontana Police Sgt. Nathan Weiske said. In another instance, undercover officers were confronted by protesters who thought they were conducting surveillance for an immigration sweep. 'It is not safe for our officers, or for others involved in any active police operations if misrepresentations or misunderstandings lead to inappropriate engagement,' Fontana Police Chief Michael Dorsey said in a Facebook post. In some parts of the Southland, the response to the immigration raids can be swift and fierce. In Bell, masked men in fatigues detained at least three people at a car wash, drawing a large protest. Dozens of people swarmed the area and shouted at the agents, 'Are you a bounty hunter? How much is the bounty for an illegal right now?' questioning their identities. Video showed the men, wearing fatigues and balaclavas and carrying long weapons, fire tear gas to disperse the crowd so they could leave. The Department of Homeland Security said Border Patrol vehicles were damaged during the incident. Huntington Park Mayor Arturo Flores calls the federal government's presence in the region 'political theater' meant to antagonize the Latino population. Flores plans to introduce a motion to the City Council that will direct local police to ask federal agents to identify themselves if they attempt to carry out an immigration operation in the city. 'What happens if you have bad actors who decide to throw on an olive drab outfit and go around abducting people?' Flores told The Times. 'I would not ask our officers to interfere with federal matters. But we have to be prepared to hold these agencies accountable for their actions. There's a tragedy waiting to happen.'
Yahoo
30-05-2025
- General
- Yahoo
North Dakota tribes ask circuit judges for rehearing of voting rights case
Jamie Azure, chair of the Turtle Mountain Band of Chippewa, speaks during the Tribal Leaders Summit in Bismarck on Sept. 4, 2024. Turtle Mountain, Spirit Lake Nation and three tribal citizens are challenging a ruling in a voting rights case. (Michael Achterling/North Dakota Monitor) The Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal citizens this week asked the full 8th Circuit Court of Appeals to review a three-judge panel's finding that they lack standing to bring a voting discrimination case against the state of North Dakota. In a 2-1 decision earlier this month, the panel overruled a North Dakota federal district court's decision that a redistricting plan adopted by the state in 2021 diluted the voting power of Native voters. 'Turtle Mountain fought hard for a fair and legal map. When the state draws unlawful districts, Courts must step in to protect voters — not pave the way for injustice,' Turtle Mountain Band of Chippewa Chairman Jamie Azure said in a statement published by the Campaign Legal Center, one of the organizations representing the plaintiffs in the suit. 'We will continue to fight for fair representation.' Appeals court rules against North Dakota tribes in voting rights case The panel's decision didn't speak to whether the map itself was discriminatory; instead, the judges found that private individuals cannot use a key federal civil rights law as a vehicle to file cases under Section 2 of the Voting Rights Act, which outlaws race-based voting discrimination. The panel in its ruling sent the case back to North Dakota U.S. District Judge Peter Welte with instructions to dismiss the lawsuit. If its ruling stands, North Dakota would revert back to the 2021 map. But if the plaintiffs' request for an en banc rehearing is granted, the case would go before all 11 judges on the 8th Circuit for review. 'Section 2 is the foundational statute that Congress enacted to fight the scourge of racial discrimination in voting, but citizens in this circuit can no longer enforce the right it provides them,' the plaintiffs argue in a brief urging the full appellate court to consider the case. Private individuals and groups previously could file discrimination lawsuits against governments under just Section 2 of the Voting Rights Act without having to invoke Section 1983, a separate civil rights statute. Then, the 8th Circuit in a controversial 2023 ruling on an Arkansas voting rights case found that Section 2 alone doesn't give private parties the right to sue. Instead, the circuit declared that it is the responsibility of the U.S. Attorney General to file Section 2 discrimination cases. Tribes, state argue redistricting case to federal appeals court For more than a year, the question remained open as to whether Section 1983 offered a viable alternative for bringing such Voting Rights Act claims. In a May 14 ruling, the three-judge panel decided it does not. In a majority opinion, the panel wrote that the language of the Voting Rights Act indicates that Congress didn't intend for citizens to file race discrimination claims through Section 1983. The lone dissenting judge on the panel — Chief Judge Steven Colloton — noted in his opinion that private plaintiffs have brought more than 400 actions under Section 2 since 1982. The plaintiffs in their brief point out that the 8th Circuit is the only appellate circuit in the country to rule that Section 2 cannot be enforced through lawsuits brought by private citizens. The circuit includes North Dakota, South Dakota, Minnesota, Iowa, Illinois, Missouri, Nebraska and Arkansas. 'Outside of this circuit, every American citizen can rely on an unbroken line of Supreme Court and circuit precedent to enforce the individual rights given to them by Congress in the Voting Rights Act,' their filing states. 'But as a result of the panel decision here, and the prior decision in Arkansas, American citizens in this circuit are denied that right.' The lawsuit was triggered by a redistricting plan adopted by the North Dakota Legislature in 2021 that placed the Turtle Mountain and Spirit Lake reservations in new districts. U.S. District Court Judge Peter Welte in 2023 ruled that the new map was discriminatory and ordered the Legislature to implement a new map that placed the reservations in the same voting district. Three Native American lawmakers from that district were elected in 2024: Sen. Richard Marcellais and Rep. Jayme Davis — both citizens of the Turtle Mountain Band of Chippewa — and Rep. Collette Brown, a citizen of the Spirit Lake Nation and plaintiff in the lawsuit. 'The fair map we secured led to a historic first — a Spirit Lake Nation member elected to the North Dakota Legislature,' Spirit Lake Nation Chairperson Lonna Jackson-Street said in a Wednesday statement published by the Campaign Legal Center, one of the organizations representing the plaintiffs in the case. 'This decision threatens that progress and weakens our voice in state government.' Marcellais had previously served 15 years in the statehouse until he lost his bid for reelection in 2022. He was reelected in 2024. Davis was first elected in 2022, then reelected last year. If the 2021 map is reinstated, three state lawmakers would move to different districts, according to the North Dakota Secretary of State's Office. Rep. Colette Brown, D-Warwick, would go from representing District 9 to District 15. Rep. Donna Henderson, R-Calvin, would switch from District 15 to District 9B, while Sen. Kent Weston, R-Sarles, would switch from District 15 to District 9. They would all have to seek reelection in 2026. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
