Press Release: 6/9/2025

AG Campbell Urges Court To Uphold Key Provision Of Voting Rights Act

 

Provision Protects Voters from Racial Discrimination at the Polls

FOR IMMEDIATE RELEASE:

6/06/2025

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Kennedy Sims, Deputy Press Secretary

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Call Kennedy Sims, Deputy Press Secretary at (617) 727-2543

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Email Kennedy Sims, Deputy Press Secretary at Kennedy.Sims@mass.gov

BOSTON — Massachusetts Attorney General Andrea Joy Campbell today joined 18 other attorneys general in filing an amicus brief in the U.S. Court of Appeals for the Eighth Circuit, supporting the fundamental right of all Americans to vote without fear of racial discrimination. The amicus brief, filed in Turtle Mountain Band of Chippewa Indians v. Howe, specifically argues in defense of the ability of private citizens to file lawsuits under Section 2 of the Voting Rights Act (VRA) when their right to vote is violated or made more difficult to exercise in ways that minimize participation in elections.  

“For nearly six decades, private citizens have been empowered to enforce the Voting Rights Act, ensuring that every eligible voter—regardless of race—can participate equally in our elections,” said AG Campbell. “Taking that power away, as this lawsuit attempts to do, is wrong, unfair, and dishonors the generations of men and women who fought to ensure every citizen has an equal right to vote.”

Congress enacted the VRA in 1965 to ensure that every American has the full and fair opportunity to cast their vote for the candidate of their choice without restriction or denial based on race. Section 2 of the VRA specifically prohibits state and local governments from enacting election laws, policies or practices that are discriminatory in purpose or effect. For nearly 60 years, individual Americans have been able to file lawsuits to enforce Section 2 of the VRA. Without this right of private enforcement, only the U.S. Attorney General would be able to enforce the Section 2 rights of voters, which is not the law and would leave the protection of minority voters to the whims of the Trump Administration.  

In 2022, voters and the Turtle Mountain Band of Chippewa Indians filed a lawsuit under Section 2 of the VRA, challenging North Dakota’s recently enacted legislative map. After a trial, a district court ruled that the map illegally weakened the electoral impact of Native Americans’ votes. A three-judge panel of the Eighth Circuit Court of Appeals reversed this decision and, despite 60 years of practice to the contrary, ruled that individual voters and organizations could not sue to enforce Section 2 of the VRA. The amicus brief asks for the full Eighth Circuit court to rehear the case.  

In their brief, the coalition argues that private enforcement of the VRA is essential, having served as the primary method of enforcing the VRA since its enactment. The coalition notes that approximately 400 private VRA cases have been filed nationwide, compared to only about 40 brought by the U.S. Attorney General. The U.S. Attorney General lacks the resources to monitor, investigate, and prosecute voting rights violations in every corner of the country.  

Without a private right of action, voters will have no recourse if the U.S. Attorney General does not address their concerns. The coalition also explains that lawsuits brought under Section 2 of the VRA often have a high degree of urgency since they typically pertain to upcoming elections. Without the private right of action, Americans may be limited to simply sharing their concerns with the federal government and then waiting to see whether their voting rights will be defended.  

Additionally, the attorneys general emphasize the deterrent effect of having meaningful rights to enforce our voting laws. Eliminating the private right of action could lessen the likelihood that the VRA will be enforced, thereby reducing the incentives for state and local officials to comply with the VRA when crafting policy. As evidence, they point to the fact that, after a Supreme Court effectively struck down the VRA’s provision that required certain jurisdictions with a history of racial discrimination to receive federal pre-approval before changing voting laws, states previously subject to preclearance promptly enacted restrictive voting laws.  

Joining AG Campbell in filing the brief were the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, Oregon, Vermont, Washington, and the District of Columbia.