NAACP Files Amicus Brief in Arkansas Battling for Voting Rights Across the Region

FOR IMMEDIATE RELEASE

June 5, 2025

Contact: Chyna Fields, cfields@naacpnet.org

WASHINGTON – Last night, the NAACP Arkansas State Conference filed an amicus brief calling on the U.S. Court of Appeals for the Eighth Circuit to rehear Turtle Mountain Band of Chippewa Indians v. Howe en banc  — a hearing before all active judges on the court. The brief challenges the court's alarming decision to prevent individuals and organizations from bringing lawsuits under Section 2 of the Voting Rights Act (VRA), a critical safeguard against racial discrimination in voting.

If allowed to stand, this ruling would effectively eliminate the ability of Black, Brown, and Indigenous communities across Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota to challenge racially discriminatory voting laws.  Any such action would have to be filed by the Department of Justice, which, under the current President, announced its decision to dismiss all active voting rights cases.

NAACP General Counsel, Janette McCarthy-Wallace shared the following statement:

"Without the ability for individuals and civil rights organizations to enforce Section 2 of the Voting Rights Act, the law becomes meaningless in the Eighth Circuit. Those who seek to dilute our voting power will do so unchecked, and that should alarm every judge on this Court. The idea that the Department of Justice alone can, or currently would,  bear the burden of protecting our fundamental rights defies reality and recent history. The NAACP is proud to stand with its Arkansas State Conference and others demanding full, en banc review of this dangerous decision — because silencing Black, Brown, and Indigenous voices is not just unjust, it's unconstitutional."

The district court in a related case brought by the Arkansas NAACP ruled in 2023 that only the U.S. Attorney General could bring cases under Section 2 of the VRA. Since then, other plaintiffs attempted to pursue justice through Section 1983 claims — only for the Eighth Circuit now to rule that Section 1983 claims are barred there, too.

"The DOJ has made clear that limited federal resources prevent it from fully enforcing the Voting Rights Act on its own," said Barry Jefferson, President, NAACP Arkansas State Conference. "That's why the ability to pursue private litigation has always been essential. Stripping away that power leaves the people of Arkansas and the entire Eighth Circuit defenseless against voter suppression which cannot stand."

The filed amicus brief highlights the devastating impact this ruling would have on communities of color and underscores the urgent need for the full Eighth Circuit to revisit and reverse the panel's decision. 

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The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

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