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US Appeals Court Rules Against North Dakota Tribes in Voting Rights Act Lawsuit
US Appeals Court Rules Against North Dakota Tribes in Voting Rights Act Lawsuit

Epoch Times

time15-05-2025

  • Politics
  • Epoch Times

US Appeals Court Rules Against North Dakota Tribes in Voting Rights Act Lawsuit

A federal appeals court on Wednesday ruled that two tribal groups may not bring a voting discrimination lawsuit against the state of North Dakota under a civil rights law—a decision that is set to have implications in seven Midwest states. In a 2–1 decision, the St. Louis-based Eighth U.S. Circuit Court of Appeals ruled that private plaintiffs cannot use The decision was in response to a The ruling further weakens voters' power in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, according to the Campaign Legal Center, which represented the tribes in the legal challenge. 'This decision severely undermines the Voting Rights Act and is contrary to both the intent of Congress in enacting the law and to decades of Supreme Court precedent affirming voters' power to enforce the law in court,' Mark Gaber, senior director for redistricting at the center, said in a 'If left intact, this radical decision will hobble the most important anti-discrimination voting law by leaving its enforcement to government attorneys whose ranks are currently being depleted. Campaign Legal Center will continue to fight to uphold the VRA and ensure fair maps.' Related Stories 5/14/2025 5/14/2025 Gaber did not state whether the center would pursue further appeals, but the plaintiffs could ask the full Eighth Circuit to rehear the case or take it to the Supreme Court. The vast majority of Voting Rights Act cases are filed by private parties. The latest ruling comes after the same appellate court restricted the ability of voters to file lawsuits challenging voting maps when it ruled in 2023 that only the Department of Justice—and not private plaintiffs—can pursue cases enforcing Section 2 of the Voting Rights Act. That Federal Judge Sides With Tribes in Redistricting Lawsuit Civil rights advocates last year opted against appealing the 2023 ruling to the Supreme Court, That avenue was A federal judge in North Dakota relied on the same federal civil rights law in 2023 when he sided with the Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe, and voters in holding that the state's 2021 redistricting plan unlawfully diluted the Native American tribes' voting power. However, Circuit Judge Raymond Gruender, writing for the majority in Wednesday's decision, said Congress did not speak with a 'clear voice' that 'manifests an unambiguous intent to confer individual rights' in Voting Rights Act's Section 2 that could be enforced through Section 1983. Gruender, in finding that the plaintiffs do not have a cause of action, added that the district court erred in its 2021 decision. He vacated the district court's judgment and dismissed the tribes' lawsuit. In a lone dissenting opinion, Chief Circuit Judge Steven Colloton wrote that the majority was wrong, pointing to the lengthy history of more than 400 lawsuits that have resulted in judicial decisions brought under the Voting Rights Act's Section 2 since 1982. He noted that Section 1983 says individuals may sue if they are subjected to 'the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.' 'The reference to 'and laws' encompasses any law of the United States,' Colloton wrote. The Epoch Times contacted the North Dakota Secretary of State's Office for comment but did not receive a response by publication time.

5 things to know for May 15: Qatar, Drinking water, Voting Rights Act, National Weather Service, Child care
5 things to know for May 15: Qatar, Drinking water, Voting Rights Act, National Weather Service, Child care

Yahoo

time15-05-2025

  • Politics
  • Yahoo

5 things to know for May 15: Qatar, Drinking water, Voting Rights Act, National Weather Service, Child care

The fate of peace talks between Ukraine and Russia that were supposed to begin in Turkey today remains uncertain. Ukrainian President Volodymyr Zelensky committed to attending the highly anticipated discussions in hopes of ending Russia's aggression against his country. However, Russian leader Vladimir Putin decided to skip the talks — even though he was the one who had proposed them. President Donald Trump, currently on a Middle East tour, had suggested he might go too, but White House officials told CNN he has no plans to attend the negotiations. Overnight, Russia and Ukraine continued to accuse each other of launching deadly drone strikes. Here's what else you need to know to Get Up to Speed and On with Your Day. During President Trump's visit to Qatar on Wednesday, Boeing secured a $96 billion deal to provide the Gulf state with up to 210 jets. The order was for 130 American-made 787 Dreamliners and 30 of its 777-9s. There are also options in place for an additional 50 Dreamliners and 777X. The aircraft maker called the agreement its 'largest-ever' widebody order. It comes at the right time for Boeing, which has experienced financial difficulties, a crippling strike and a string of safety incidents in recent years. The deal was inked just days after Trump said he plans to accept a luxury jet as a gift from Qatar. That move has sparked outrage as well as security and ethical concerns from both Republicans and Democrats. In an effort to support President Trump's agenda of having fewer regulations on businesses, the Environmental Protection Agency announced on Wednesday that it plans to scrap limits on three types of so-called 'forever chemicals' in drinking water. Last year, the Biden administration set the first federal drinking water limits on substances known as PFAS, which are human-made and don't easily break down in nature. While PFAS are useful in many applications, they build up in the body and can increase the risk of cardiovascular disease, certain cancers and low birth-weight babies. Health advocates praised the new limits, which would require water utilities to reduce PFAS to the lowest level they can be reliably measured. But the utilities complained about the new rules, saying treatment systems were expensive to install, and sued the EPA. A federal appeals court has dealt a major blow to the Voting Rights Act, which was passed by Congress in 1965 to address racial discrimination in election policies. On Wednesday, the 8th US Circuit Court of Appeals ruled 2-1 that private individuals could not bring VRA lawsuits challenging election policies in seven midwestern states that allegedly discriminate based on race. This leaves enforcement of the VRA's key provision to the Justice Department, which, under President Trump, is gutting its civil rights division and dropping longstanding voting rights cases. The new ruling stems from a lawsuit alleging that North Dakota discriminated against Native Americans in its state legislative redistricting plan. Since the start of President Trump's second term, the National Weather Service has lost more than 550 people due to early retirements, the Department of Government Efficiency's firings of probationary workers and its offers to leave government service. With so much institutional knowledge gone, experts are worried that the nation's forecasting agency will be unable to provide accurate forecasts and timely life-saving warnings. As hurricane season is about to begin, the NWS is now offering voluntary reassignment opportunities to the remaining employees at the National Oceanic and Atmospheric Administration to fill 155 positions in offices around the country. The NWS cannot fill these 'critical holes' in staffing with candidates from the private sector because it is still under a federal hiring freeze. As the White House considers offering financial incentives to encourage American women to give birth, the annual price of child care continues to rise. According to a new report, child care costs increased by 29% from 2020 and 2024. Last year, the national average price of child care was $13,128. It would take 35% of a single parent's median household income to afford that. On average, placing two children in child care would cost at least 19% more than the typical rent in 49 states, plus the District of Columbia. That same tab also exceeds the typical mortgage payments in 45 states, plus Washington, DC. Judge grants restraining order against DDGHalle Bailey, star of 'The Little Mermaid,' claimed the rapper had been repeatedly violent with her, and said she feared for herself and the child they have together. A message seeking comment from DDG's representative was not immediately answered. Savy King is on the mendThe Angel City defender, who collapsed during the game against the Utah Royals last Friday, underwent surgery after doctors discovered she had a heart abnormality. King is now recovering and resting. Apple may owe you some money. Siri has ever turned on unintentionally while you were using an Apple product, you may be entitled to a possible payout from a $95 million settlement of a proposed class action lawsuit. The suit alleged that accidental Siri activations enabled the digital assistant to listen in on private conversations. Apple denied wrongdoing in agreeing to settle. In-N-Out bids farewell to red dye No. 3The burger chain will remove artificial coloring from its strawberry milkshakes and pink lemonade and replace it with natural coloring. The move comes just weeks after the FDA announced plans to phase out petroleum-based, synthetic dyes from the US food supply. Coming soon: Fancier flying optionsFor travelers who can afford to fly in style, the options offered on United Airlines' new Dreamliner aircraft might be worth trying. The amenities include luxury studio suites, exclusive meal options, 27-inch screens and a grab-and-go snack bar. Beauty influencer Valeria Marquez dies at 23Marquez was addressing her 100,000 followers during a TikTok livestream from her beauty salon in Zapopan, Mexico, when a man entered the business, shot and killed her, then fled. 20,000That's how many jobs Nissan said it will eliminate, which is more than double its previously announced plans. 'I don't think people should be taking advice — medical advice — from me.' — Health and Human Services Secretary Robert F. Kennedy Jr., answering a question during a House subcommittee hearing about his views on vaccines. Check your local forecast here>>> 'Today I'm not OK'The Trump administration's ban on transgender service members will end Nick Wright's nearly two-decade career in the military.

5 things to know for May 15: Qatar, Drinking water, Voting Rights Act, National Weather Service, Child care
5 things to know for May 15: Qatar, Drinking water, Voting Rights Act, National Weather Service, Child care

CNN

time15-05-2025

  • Politics
  • CNN

5 things to know for May 15: Qatar, Drinking water, Voting Rights Act, National Weather Service, Child care

The fate of peace talks between Ukraine and Russia that were supposed to begin in Turkey today remains uncertain. Ukrainian President Volodymyr Zelensky committed to attending the highly anticipated discussions in hopes of ending Russia's aggression against his country. However, Russian leader Vladimir Putin decided to skip the talks — even though he was the one who had proposed them. President Donald Trump, currently on a Middle East tour, had suggested he might go too, but White House officials told CNN he has no plans to attend the negotiations. Overnight, Russia and Ukraine continued to accuse each other of launching deadly drone strikes. Here's what else you need to know to Get Up to Speed and On with Your Day. Get '5 Things' in your inbox If your day doesn't start until you're up to speed on the latest headlines, then let us introduce you to your new favorite morning fix. Sign up here for the '5 Things' newsletter. During President Trump's visit to Qatar on Wednesday, Boeing secured a $96 billion deal to provide the Gulf state with up to 210 jets. The order was for 130 American-made 787 Dreamliners and 30 of its 777-9s. There are also options in place for an additional 50 Dreamliners and 777X. The aircraft maker called the agreement its 'largest-ever' widebody order. It comes at the right time for Boeing, which has experienced financial difficulties, a crippling strike and a string of safety incidents in recent years. The deal was inked just days after Trump said he plans to accept a luxury jet as a gift from Qatar. That move has sparked outrage as well as security and ethical concerns from both Republicans and Democrats. In an effort to support President Trump's agenda of having fewer regulations on businesses, the Environmental Protection Agency announced on Wednesday that it plans to scrap limits on three types of so-called 'forever chemicals' in drinking water. Last year, the Biden administration set the first federal drinking water limits on substances known as PFAS, which are human-made and don't easily break down in nature. While PFAS are useful in many applications, they build up in the body and can increase the risk of cardiovascular disease, certain cancers and low birth-weight babies. Health advocates praised the new limits, which would require water utilities to reduce PFAS to the lowest level they can be reliably measured. But the utilities complained about the new rules, saying treatment systems were expensive to install, and sued the EPA. A federal appeals court has dealt a major blow to the Voting Rights Act, which was passed by Congress in 1965 to address racial discrimination in election policies. On Wednesday, the 8th US Circuit Court of Appeals ruled 2-1 that private individuals could not bring VRA lawsuits challenging election policies in seven midwestern states that allegedly discriminate based on race. This leaves enforcement of the VRA's key provision to the Justice Department, which, under President Trump, is gutting its civil rights division and dropping longstanding voting rights cases. The new ruling stems from a lawsuit alleging that North Dakota discriminated against Native Americans in its state legislative redistricting plan. Since the start of President Trump's second term, the National Weather Service has lost more than 550 people due to early retirements, the Department of Government Efficiency's firings of probationary workers and its offers to leave government service. With so much institutional knowledge gone, experts are worried that the nation's forecasting agency will be unable to provide accurate forecasts and timely life-saving warnings. As hurricane season is about to begin, the NWS is now offering voluntary reassignment opportunities to the remaining employees at the National Oceanic and Atmospheric Administration to fill 155 positions in offices around the country. The NWS cannot fill these 'critical holes' in staffing with candidates from the private sector because it is still under a federal hiring freeze. As the White House considers offering financial incentives to encourage American women to give birth, the annual price of child care continues to rise. According to a new report, child care costs increased by 29% from 2020 and 2024. Last year, the national average price of child care was $13,128. It would take 35% of a single parent's median household income to afford that. On average, placing two children in child care would cost at least 19% more than the typical rent in 49 states, plus the District of Columbia. That same tab also exceeds the typical mortgage payments in 45 states, plus Washington, DC. Judge grants restraining order against DDGHalle Bailey, star of 'The Little Mermaid,' claimed the rapper had been repeatedly violent with her, and said she feared for herself and the child they have together. A message seeking comment from DDG's representative was not immediately answered. Savy King is on the mendThe Angel City defender, who collapsed during the game against the Utah Royals last Friday, underwent surgery after doctors discovered she had a heart abnormality. King is now recovering and resting. Apple may owe you some money. Siri has ever turned on unintentionally while you were using an Apple product, you may be entitled to a possible payout from a $95 million settlement of a proposed class action lawsuit. The suit alleged that accidental Siri activations enabled the digital assistant to listen in on private conversations. Apple denied wrongdoing in agreeing to settle. In-N-Out bids farewell to red dye No. 3The burger chain will remove artificial coloring from its strawberry milkshakes and pink lemonade and replace it with natural coloring. The move comes just weeks after the FDA announced plans to phase out petroleum-based, synthetic dyes from the US food supply. Coming soon: Fancier flying optionsFor travelers who can afford to fly in style, the options offered on United Airlines' new Dreamliner aircraft might be worth trying. The amenities include luxury studio suites, exclusive meal options, 27-inch screens and a grab-and-go snack bar. Beauty influencer Valeria Marquez dies at 23Marquez was addressing her 100,000 followers during a TikTok livestream from her beauty salon in Zapopan, Mexico, when a man entered the business, shot and killed her, then fled. 20,000That's how many jobs Nissan said it will eliminate, which is more than double its previously announced plans. 'I don't think people should be taking advice — medical advice — from me.' — Health and Human Services Secretary Robert F. Kennedy Jr., answering a question during a House subcommittee hearing about his views on vaccines. Check your local forecast here>>> 'Today I'm not OK'The Trump administration's ban on transgender service members will end Nick Wright's nearly two-decade career in the military.

Federal appeals court deals major blow to Voting Rights Act
Federal appeals court deals major blow to Voting Rights Act

Yahoo

time14-05-2025

  • Politics
  • Yahoo

Federal appeals court deals major blow to Voting Rights Act

A federal appeals court on Wednesday shut down the ability of private individuals to bring Voting Rights Act lawsuits challenging election policies that allegedly discriminate based on race in several states, a major blow to the civil rights law that has long been under conservative attack. The ruling, which leaves enforcement of the VRA's key provision to the US attorney general, comes as the Trump Justice Department is gutting its civil rights division and pivoting away from the traditional voting rights work. The DOJ, for instance, dropped major lawsuits previously brought against Texas and Georgia. The new ruling from the 8th US Circuit Court of Appeals covers the seven midwestern states covered in the St. Louis-based Circuit. The opinion means that in those states, only the Justice Department can bring lawsuits enforcing a key provision of the Voting Rights Act, which was passed by Congress in 1965 to address racial discrimination in election policies. The 2-1 ruling from the 8th Circuit said that a separate civil rights law, known as Section 1983, did not give private individuals the right to bring VRA cases. That question had been left unanswered in a previous ruling from the circuit that said the VRA itself conferred no private right of action. Those rulings cut against decades of cases successfully brought by individual voters to challenge election policies that violate the VRA by discriminating based on race. Several of the cases traveled up to the Supreme Court and produced rulings affirming the lower court decisions in the voters' favor, supporting the long-term understanding that the VRA gave private individuals ability to enforce the law with lawsuits. While some conservative justices have questioned whether such private lawsuits could be brought under the VRA, the high court has never addressed the question directly. The 8th Circuit's Wednesday opinion, written by George W. Bush-appointee Raymond Gruender and joined by Donald Trump appointee Jonathan Kobes, concluded that Congress had not 'unambiguously' conferred a private right of action in the VRA text, while asserting that it needed to do so under Supreme Court precedent. A dissent from 8th Circuit Chief Judge Steve Colloton, a George W. Bush appointee, pushed back on that reasoning. 'Since 1982, private plaintiffs have brought more than 400 actions based on §2 that have resulted in judicial decisions. The majority concludes that all of those cases should have been dismissed because §2 of the Voting Rights Act does not confer a voting right,' Colloton wrote. The new ruling stems from a lawsuit alleging that North Dakota discriminated against Native Americans in its state legislative redistricting plan. 'If left intact, this radical decision will hobble the most important anti-discrimination voting law by leaving its enforcement to government attorneys whose ranks are currently being depleted,' Mark Graber, senior director for redistricting at Campaign Legal Center, which is representing the Native Americans, said in a statement. 'The immediate victims of today's decision are North Dakota's Native American voters, who a trial court found were subjected to a map that discriminated against them on account of race.' North Dakota's Secretary of State office, which was defending the maps, did not respond to CNN's inquiry. If they seek to appeal the ruling, the Native American voters could seek a review by the full 8th Circuit – a court made up of almost entirely of GOP appointees – or they could take it straight to the Supreme Court, and its 6-3 conservative majority. The latter path risks the gamble that the conservative majority would adopt the conclusions of the 8th Circuit panel, which would end nationwide privately brought lawsuits under the VRA's relevant provision and leave that provision's enforcement to the US attorney general alone. Meanwhile, there has been a mass exodus under the second Trump administration of career officials in the DOJ Civil Rights Division, which houses the department's voting section, and the Department has been backing out of longstanding voting rights cases. In 2013, the Supreme Court's conservative majority gutted a separate section of the VRA that required states with a history of racial discrimination in voting practices to get federal approval for changes in election policy. CNN's Ethan Cohen contributed to this report.

Federal appeals court deals major blow to Voting Rights Act
Federal appeals court deals major blow to Voting Rights Act

CNN

time14-05-2025

  • Politics
  • CNN

Federal appeals court deals major blow to Voting Rights Act

A federal appeals court on Wednesday shut down the ability of private individuals to bring Voting Rights Act lawsuits challenging election policies that allegedly discriminate based on race in several states, a major blow to the civil rights law that has long been under conservative attack. The ruling, which leaves enforcement of the VRA's key provision to the US attorney general, comes as the Trump Justice Department is gutting its civil rights division and pivoting away from the traditional voting rights work. The DOJ, for instance, dropped major lawsuits previously brought against Texas and Georgia. The new ruling from the 8th US Circuit Court of Appeals covers the seven midwestern states covered in the St. Louis-based Circuit. The opinion means that in those states, only the Justice Department can bring lawsuits enforcing a key provision of the Voting Rights Act, which was passed by Congress in 1965 to address racial discrimination in election policies. The 2-1 ruling from the 8th Circuit said that a separate civil rights law, known as Section 1983, did not give private individuals the right to bring VRA cases. That question had been left unanswered in a previous ruling from the circuit that said the VRA itself conferred no private right of action. Those rulings cut against decades of cases successfully brought by individual voters to challenge election policies that violate the VRA by discriminating based on race. Several of the cases traveled up to the Supreme Court and produced rulings affirming the lower court decisions in the voters' favor, supporting the long-term understanding that the VRA gave private individuals ability to enforce the law with lawsuits. While some conservative justices have questioned whether such private lawsuits could be brought under the VRA, the high court has never addressed the question directly. The 8th Circuit's Wednesday opinion, written by George W. Bush-appointee Raymond Gruender and joined by Donald Trump appointee Jonathan Kobes, concluded that Congress had not 'unambiguously' conferred a private right of action in the VRA text, while asserting that it needed to do so under Supreme Court precedent. A dissent from 8th Circuit Chief Judge Steve Colloton, a George W. Bush appointee, pushed back on that reasoning. 'Since 1982, private plaintiffs have brought more than 400 actions based on §2 that have resulted in judicial decisions. The majority concludes that all of those cases should have been dismissed because §2 of the Voting Rights Act does not confer a voting right,' Colloton wrote. The new ruling stems from a lawsuit alleging that North Dakota discriminated against Native Americans in its state legislative redistricting plan. 'If left intact, this radical decision will hobble the most important anti-discrimination voting law by leaving its enforcement to government attorneys whose ranks are currently being depleted,' Mark Graber, senior director for redistricting at Campaign Legal Center, which is representing the Native Americans, said in a statement. 'The immediate victims of today's decision are North Dakota's Native American voters, who a trial court found were subjected to a map that discriminated against them on account of race.' North Dakota's Secretary of State office, which was defending the maps, did not respond to CNN's inquiry. If they seek to appeal the ruling, the Native American voters could seek a review by the full 8th Circuit – a court made up of almost entirely of GOP appointees – or they could take it straight to the Supreme Court, and its 6-3 conservative majority. The latter path risks the gamble that the conservative majority would adopt the conclusions of the 8th Circuit panel, which would end nationwide privately brought lawsuits under the VRA's relevant provision and leave that provision's enforcement to the US attorney general alone. Meanwhile, there has been a mass exodus under the second Trump administration of career officials in the DOJ Civil Rights Division, which houses the department's voting section, and the Department has been backing out of longstanding voting rights cases. In 2013, the Supreme Court's conservative majority gutted a separate section of the VRA that required states with a history of racial discrimination in voting practices to get federal approval for changes in election policy.

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