A federal appeals court panel has ruled that private individuals and organizations cannot bring lawsuits under a section of the Voting Rights Act that allows voters with disabilities or language barriers to get help from others.
In a decision issued on July 28, a three-judge panel of the Eighth Circuit Court of Appeals held that only the U.S. Attorney General may bring cases under Section 208 of the Voting Rights Act. That provision guarantees the right of voters who are blind, disabled, or unable to read or write to receive help from a person of their choice at the polls.
“Neither the [Voting Rights Act] nor the Supremacy Clause create a private right of action for Section 208,” Judge L. Steven Grasz wrote for the panel. The Supremacy Clause of the U.S. Constitution establishes that federal law, like the [Voting Rights Act], overrides state law when there is a conflict between the two….