The U.S. Court of Appeals for the Fifth Circuit has rejected a request from Republicans in Louisiana for reconsideration by all appeals judges on the circuit of a past ruling from the same circuit that upheld the legal concept that private parties can bring litigation seeking enforcement of portions of the federal Voting Rights Act.
Leaving that broader framework in place for who can bring lawsuits expands the possibilities for courtroom outcomes favorable to those concerned with upholding the law.
That law has repeatedly been cited specifically in litigation around the process of redistricting, which was the subject of the underlying court dispute in Louisiana that gave rise to the Fifth Circuit’s specific decision to get behind what’s termed a private right of action, meaning private individuals and groups being permitted to file such cases. A separate circuit’s appeals court recently issued a ruling rebuffing that legal framework enabling private lawsuits, but it evidently only applies in the states under that circuit’s jurisdiction at present.
Republicans getting their wish of effectively shutting out private plaintiffs from litigation around redistricting would leave the onus on the government of filing such cases.
“Today, the 5th Circuit denied this radical request, meaning that the decision will not be reheard and Louisiana Republicans’ attempt to block private groups and voters from bringing claims under Section 2 is stalled,” the voting rights organization Democracy Docket explained of those recent developments in the Louisiana case. A legal timeline has been established around whether there will in 2024 be new Congressional district boundaries for Louisiana in tandem with this dispute over whether private parties can bring that category of case at all. Democracy Docket said Louisiana state legislators have until January 30 to formalize new district boundaries or settle on not producing a new map, which would force trial proceedings.
