U.S. Supreme Court Send Two Voting Rights Act Cases Back to Lower Courts

Two cases had been pending in the U.S. Supreme Court over whether private individuals and groups can sue under the Voting Rights Act, or whether only the federal government can bring a lawsuit charging a state with violating the Voting Rights Act. On May 18, the U.S. Supreme Court send both of them back to the lower circuit courts, and directed that they be reconsidered. In the lower courts, One of them, from the 5th circuit, had said anyone can sue. The other one, from the 8th circuit, had said only the federal government can sue.

The two cases are Board of Election Commissioners v NAACP, 25-234; and Turtle Mountain Band v Howe, 25-253.


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U.S. Supreme Court Send Two Voting Rights Act Cases Back to Lower Courts — 4 Comments

  1. (ORDER LIST: 608 U.S.)
    MONDAY, MAY 18, 2026
    APPEAL — SUMMARY DISPOSITION
    25-234 BD. OF ELECTION COMM’RS, ET AL. V. NAACP, ET AL.
    The judgment is vacated, and the case is remanded to the
    United States District Court for the Southern District of
    Mississippi for further consideration in light of Louisiana v.
    Callais, 608 U. S. ___ (2026). Justice Jackson, dissenting:
    This case presents only the question of Section 2’s private
    enforceability, which our decision in Louisiana v. Callais,
    608 U. S. ___ (2026), did not address. Thus I see no basis for
    vacating the lower court’s judgment. Instead, in light of Morse
    v. Republican Party of Va., 517 U. S. 186 (1996), I would
    summarily affirm.
    CERTIORARI — SUMMARY DISPOSITION
    25-253 TURTLE MOUNTAIN BAND, ET AL. V. HOWE, SEC. OF STATE OF ND
    The petition for a writ of certiorari is granted. The
    judgment is vacated, and the case is remanded to the United
    States Court of Appeals for the Eighth Circuit for further
    consideration in light of Louisiana v. Callais, 608 U. S. ___
    (2026). Justice Jackson, dissenting: This case presents only
    the question of Section 2’s private enforceability, which our
    decision in Louisiana v. Callais, 608 U. S. ___ (2026), did not
    address. Thus I see no basis for vacating the lower court’s
    judgment. Instead, in light of Morse v. Republican Party of
    Va., 517 U. S. 186 (1996), I would summarily reverse.
    —-
    scotus g rot getting shorter/shorter

  2. The SCOTUS avoided the issue of standing. Instead the lower courts will review whether they had ordered race-based districts for the North Dakota and Mississippi legislatures.

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