NAACP v. Arkansas Board of Apportionment
What's at Stake
This case has two key parts: First, the Arkansas House district map diminishes the voting power of Black voters. Second, both the district court and Eighth Circuit Court of Appeals radically concluded that voters may not sue to protect their voting rights under Section 2, putting the VRA in further jeopardy and contradicting decades of precedent in which impacted voters — particularly Black voters — have challenged racially discriminatory voting laws.
Summary
The American Civil Liberties Union, the ACLU of Arkansas, the Law Office of Bryan L. Sells LLC, and Dechert LLP filed a lawsuit challenging Arkansas’s state House map for violating Section 2 of the Voting Rights Act of 1965 (VRA) by undermining the voting strength of Black Arkansans. The lawsuit was filed on behalf of the Arkansas State Conference NAACP and the Arkansas Public Policy Panel, who represent thousands of Black voters whose political power is severely and unlawfully diminished by the current state House map.
According to the lawsuit, the redistricting plan put forth by the 2021 Arkansas Board of Apportionment has the effect of diluting the voting strength of Black voters in Central Arkansas, the Upper Delta, the Lower Delta, and Southwest Arkansas. The Board of Apportionment should have drawn at least four additional Black-majority districts to reflect Arkansas’s growing Black population.
In 2022, a 5-day hearing which featured extensive fact and expert witness testimony was held. Despite acknowledging that the voting rights groups had demonstrated that they had a strong case that the map violated the Voting Rights Act, a district court ruled against the groups in a radical decision that concluded impacted voters could not sue under Section 2–only the Attorney General of the United States could. The unprecedented decision was appealed, but in a split decision with the chief judge dissenting, a three-judge panel of the Eighth Circuit Court of Appeals affirmed the district court’s ruling.
For generations, private individuals have brought cases under Section 2 of the Voting Rights Act to protect their right to vote. More than 400 Section 2 cases have been litigated in federal court, with the vast majority brought by private plaintiffs, including at least 12 in the U.S. Supreme Court, including the 2022 landmark Allen v. Milligan case. No court has ever denied private actors’ ability to bring their claims in federal court — with the sole exception of the courts in this case, threatening what remains of the VRA.
On December 11th, we filed a petition for a rehearing for the court to rectify its decision and reaffirm the private right to enforce Section 2 of the VRA. On January 30, the Eighth Circuit denied our petition for an en banc rehearing.
Legal Documents
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01/30/2024
Order Denying Rehearing En Banc -
12/26/2023
Appellees’ Response to Petition for Rehearing En Banc -
12/11/2023
Petition for Rehearing En Banc -
11/20/2023
Opinion -
07/15/2022
Plaintiff-Appellants' Reply Brief -
06/09/2022
Defendants-Appellees' Merits Brief -
04/22/2022
Amicus Brief of the United States Supporting Plaintiffs-Appellees -
04/26/2022
Amicus Brief of the Lawyers' Committee for Civil Rights Under Law Supporting Plaintiffs-Appellees -
04/26/2022
Amicus Brief of Bipartisan Supporters of the 1982 Voting Rights Act Amendments in Support of Plaintiffs-Appellees -
04/18/2022
Plaintiff-Appellants' Opening Merits Brief
Date Filed: 01/30/2024
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 12/26/2023
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 12/11/2023
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 11/20/2023
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 07/15/2022
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 06/09/2022
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 04/22/2022
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 04/26/2022
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 04/26/2022
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
Date Filed: 04/18/2022
Court: Appeals Court (8th Cir.)
Affiliate: Arkansas
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02/17/2022
District Court’s Order Dismissing Case -
01/28/2022
Statement of Interest of the United States -
01/26/2022
Plaintiffs’ Reply Memorandum of Law in Support of Motion for Preliminary Injunction -
01/19/2022
Defendants’ Response in Opposition to Motion for Preliminary Injunction -
12/29/2021
Plaintiffs Motion for Preliminary Injunction -
12/29/2021
Complaint
Date Filed: 02/17/2022
Court: District Court (E.D. Ark.)
Affiliate: Arkansas
Date Filed: 01/28/2022
Court: District Court (E.D. Ark.)
Affiliate: Arkansas
Date Filed: 01/26/2022
Court: District Court (E.D. Ark.)
Affiliate: Arkansas
Date Filed: 01/19/2022
Court: District Court (E.D. Ark.)
Affiliate: Arkansas
Date Filed: 12/29/2021
Court: District Court (E.D. Ark.)
Affiliate: Arkansas
Date Filed: 12/29/2021
Court: District Court (E.D. Ark.)
Affiliate: Arkansas
Press Releases
Federal Appeals Court Won’t Review Radical Arkansas Redistricting Ruling
Federal Appeals Court Upholds Radical Ruling in Arkansas Redistricting Case
ACLU Files Appeal in Arkansas Redistricting Case
ACLU Challenges Proposed Redistricting Plan That Would Undermine Voting Strength of Black ArkansansÂ