吃瓜大本营

Representing the Chippewa Cree Indians of the Rocky Boy鈥檚 Reservation and two Native American voters living in Chouteau County, Montana, the American Civil Liberties Union, ACLU of Montana, and Native American Rights Fund (NARF) challenged the holding of at-large elections for the Chouteau County Board of Commissioners. The suit alleges the system unlawfully dilutes the voting strength of Native American voters in the county and has denied them any representation on the county commission for more than a decade.

In Arkansas State Conference NAACP v. Arkansas Board of Apportionment, the 8th Circuit became the first federal appeals court to rule that private plaintiffs cannot enforce Section 2 of the Voting Rights Act. In doing so, the court left open the question whether private plaintiffs could enforce Section 2 through an alternative civil rights statute, 42 U.S.C. 搂 1983. In this case, a divided panel on the 8th Circuit has held that plaintiffs may not use Section 1983, either. If the holding stands, Section 2 of the VRA will be functionally out of reach for voters across the 8th Circuit in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. On behalf of the NAACP Arkansas State Conference and the Arkansas Public Policy Panel, the ACLU and ACLU of Arkansas has filed a brief supporting the plaintiffs' request that the full Eighth Circuit rehear and correct this decision.