Can Private Citizens Still Sue Under Section 2 of the Voting Rights Act? The Court’s recent stay says yes—for now, but the legal fight isn’t over.
Supreme Court Keeps Voting Rights Act Alive—But for How Long?
Legal Background – Emergency Stay on 8th Circuit Ruling That Would Block Private Lawsuits.
On July 24, 2025, the U.S. Supreme Court issued an emergency stay (pause) of a lower court ruling that could have dramatically changed how the Voting Rights Act (VRA) works. The 8th Circuit Court of Appeals had ruled that only the U.S. Department of Justice (DOJ) could file lawsuits under Section 2 of the VRA—a part of the law used to fight racial discrimination in voting.
The 8th Circuit held that only the U.S. Department of Justice (DOJ) could bring Section 2 lawsuits. If left intact, that ruling would have stripped individuals and civil rights groups of their ability to challenge racially discriminatory election laws in seven Midwestern states: North Dakota, South Dakota, Iowa, Minnesota, Missouri, Nebraska, and Arkansas.
At the center of the case was a Section 2 Voting Rights Act private lawsuit brought by the Spirit Lake Tribe, the Turtle Mountain Band of Chippewa Indians, and several Native American voters. They say the state’s 2021 redistricting map unfairly reduces Indigenous voting power—a claim they were allowed to bring under existing law until the 8th Circuit tried to close that door.
What the Supreme Court Actually Ruled
In a brief, unsigned order, the Supreme Court granted an emergency stay, temporarily halting the 8th Circuit’s decision. This move preserves the status quo—meaning private plaintiffs, including individuals and tribal members, can still file lawsuits under Section 2 of the Voting Rights Act while the legal challenge continues.
The 8th Circuit’s reasoning was that Congress never explicitly gave private individuals the right to sue under Section 2, and therefore courts cannot assume such a right exists. The panel wrote:
“Congress has not created a private right of action to enforce § 2 of the Voting Rights Act.”
— 8th Circuit Majority Opinion, 2023
This ruling broke from over 40 years of legal precedent, where private plaintiffs regularly brought Section 2 claims across the country. Critics argue the 8th Circuit ignored both legislative intent and the practical realities of enforcement—since most VRA lawsuits are brought by individuals, not the DOJ.
The Supreme Court’s stay doesn’t reverse the 8th Circuit’s ruling permanently—it just pauses it. While the justices didn’t explain their reasoning, the implication is that they wanted to prevent immediate legal disruption, particularly in the lead-up to elections.
However, not all the justices agreed. Justice Gorsuch, joined by Justices Thomas and Alito, dissented, writing:
“I would deny the application for stay because applicants have not demonstrated a likelihood of success on the merits.”
— Justice Gorsuch, Dissent in 25A12, July 24, 2025
This dissent signals that at least three justices believe the 8th Circuit’s ruling should take effect now, offering a strong clue about how they may vote when the Court fully hears the case next term.
What Happens Next? – Current Status
The Supreme Court is expected to hear full arguments during its 2025–2026 term to determine whether Section 2 of the Voting Rights Act allows private individuals and groups—not just the U.S. Department of Justice—to sue over racially discriminatory voting laws.
Until that decision comes, lower courts in the affected states must continue to honor existing precedent, which permits private plaintiffs to file Section 2 claims. This means that ongoing lawsuits, like the one brought by tribal voters in North Dakota, can proceed—at least temporarily.
John Lewis Voting Rights Advancement Act, which would explicitly reaffirm the right of private individuals to enforce Section 2. The John Lewis Voting Rights Advancement Act is a bill proposed in Congress to strengthen and modernize the Voting Rights Act, especially after key protections were weakened by Supreme Court rulings in recent years. One of its goals is to restore and clarify Section 2—including the ability for private individuals and civil rights groups to bring lawsuits when they believe voting laws are racially discriminatory. Supporters of the Act want Congress to pass it now to make sure the right to sue under Section 2 is explicitly protected by law, so future Supreme Court decisions can’t take that right away.
Why This Ruling Matters
| Impact Area | What’s at Stake? |
|---|---|
| Voting Rights Enforcement | Most Section 2 lawsuits are brought by individuals or advocacy groups, not the DOJ. Removing that right would make enforcement rare. |
| Indigenous Representation | Native voters in North Dakota and beyond would lose a major legal tool to challenge gerrymandering. |
| Future Precedent | Other courts may adopt similar rulings. The Supreme Court will likely decide whether private VRA lawsuits remain viable. |
Key Takeaway – Bottom Line
The Supreme Court’s emergency stay preserves the status quo—for now. Individuals and advocacy groups may continue filing Section 2 lawsuits, but that right is on unstable ground.
If the Court ultimately sides with the 8th Circuit, private enforcement would end, leaving only the DOJ to challenge discriminatory voting laws—a move that could severely weaken the Voting Rights Act’s effectiveness.
For Indigenous and marginalized communities, the consequences would be especially harsh. These groups have relied on private litigation to challenge unfair maps and voter suppression. The final decision, expected in 2026, may determine whether those protections survive at all.
Read the Full Opinions & Sources
- SCOTUS Emergency Stay Order (PDF)
- 8th Circuit Opinion Summary — SCOTUSblog
- Campaign Legal Center: Tribal VRA Enforcement
Image credit: Getty Images, used under fair use for commentary and legal analysis. This photo from a voting rights rally captures the public response to recent court rulings limiting private enforcement of the Voting Rights Act—at the heart of the Supreme Court’s July 2025 emergency stay.
