NORTHERN MICHIGAN – Michigan Attorney General Dana Nessel has joined 18 other attorneys general in filing an amicus brief in the U.S. Court of Appeals for the Eighth Circuit, supporting the right of Americans to vote free from racial discrimination. The brief, filed in Turtle Mountain Band of Chippewa Indians v. Howe, defends the ability of private citizens to file lawsuits under Section 2 of the Voting Rights Act (VRA).
Congress passed the VRA in 1965 to protect against racial discrimination in voting. Section 2 prohibits state and local governments from implementing racially discriminatory policies. For nearly 60 years, individuals have enforced Section 2 through private lawsuits. Without this right, only the U.S. Attorney General could pursue enforcement in the Eighth Circuit.
In 2022, voters and the Turtle Mountain Band of Chippewa Indians sued North Dakota over a legislative map they said diluted Native American votes. A district court agreed. But a three-judge panel of the Eighth Circuit reversed the decision, ruling that private citizens and organizations cannot sue under Section 2—contradicting decades of precedent. The amicus brief asks the full court to reconsider.
“Without private enforcement, voting rights depend on the priorities of whoever holds office,” Nessel said. “That leaves victims of discrimination without a voice. I’m proud to stand with my colleagues in defending the right to vote.”
The attorneys general argue that private enforcement has been critical to the VRA’s success. Roughly 400 private VRA cases have been filed nationwide, compared to just 40 by the U.S. Attorney General. The federal government lacks the capacity to monitor and respond to violations across the country.
Without private lawsuits, voters would be left waiting to see whether federal authorities choose to act—often during fast-moving election cycles. The brief also highlights the deterrent effect of enforceable rights: when the Supreme Court weakened a key VRA provision requiring federal preclearance of changes to voting laws, several states quickly enacted restrictive laws.
