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A federal appeals panel has made enforcing the Voting Rights Act harder in 7 states
A demonstrator carrying a sign that says “VOTING RIGHTS NOW” walks across the Frederick Douglass Memorial Bridge in 2022 in Washington, D.C.
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A panel of the 8th U.S. Circuit Court of Appeals has struck down one of the key remaining ways of enforcing the federal Voting Rights Act in seven mainly Midwestern states.
For decades, private individuals and groups have brought the majority of lawsuits for enforcing the landmark law’s Section 2 protections against racial discrimination in the election process.
But in a 2-1 ruling released Wednesday, the three-judge panel found that Section 2 cannot be enforced by lawsuits from private parties under a separate federal statute known as Section 1983.
That statute gives individuals the right to sue state and local government officials for violating their civil rights. Section 1983 stems from the Ku Klux Klan Act that Congress passed after the Civil War to protect Black people in the South from white supremacist violence, and voting rights advocates have considered it an antidote to a controversial 2023 decision by a different federal appeals panel that made it harder to enforce Section 2 in the 8th Circuit.
That earlier panel found that Section 2 is not privately enforceable because the Voting Rights Act does not explicitly name private individuals and groups. Only the head of the Justice Department can bring these types of lawsuits, that panel concluded.

The majority of the panel that released Wednesday’s opinion came to the same conclusion.
“Because [the Voting Rights Act’s Section 2] does not unambiguously confer an individual right, the plaintiffs do not have a cause of action under [Section 1983 of Title 42 of the U.S. Code] to enforce [Section 2] of the Act,” wrote Circuit Judge Raymond Gruender, who was nominated by former President George W. Bush and joined in the opinion by Circuit Judge Jonathan Kobes, a nominee of President Trump.
In a dissenting opinion, however, Chief Circuit Judge Steven Colloton, also a Bush nominee, pointed out the long history of private individuals and groups suing to enforce Section 2’s legal protections against any inequalities in the opportunities voters of colors have to elect preferred candidates in districts where voting is racially polarized.
“Since 1982, private plaintiffs have brought more than 400 actions based on [Section 2] that have resulted in judicial decisions. The majority concludes that all of those cases should have been dismissed because [Section 2] of the Voting Rights Act does not confer a voting right,” Colloton wrote.
Under the current Trump administration, the Justice Department has stepped away from Section 2 cases that had begun during the Biden administration.
The 8th Circuit includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. The latest ruling comes out of a North Dakota redistricting lawsuit by the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe. Citing Section 1983 as a basis for bringing the case as private groups, the tribal nations challenged a map of state legislative voting districts, which was approved by North Dakota’s Republican-controlled legislature after the 2020 census.
In a part of the state where voting is racially polarized, the tribal nations argued, the redistricting lines drawn by the state lawmakers reduce the opportunity for Native American voters to elect candidates of their choice.
“For the first time in over 30 years, there are zero Native Americans serving in the North Dakota state Senate today because of the way the 2020 redistricting lines were configured,” Mark Gaber, an attorney with the Campaign Legal Center, which is representing the tribal nations, said during a court hearing in October 2024.
A lower court struck down the redistricting plan for violating Section 2 by diluting the collective power of Native American voters in northeastern North Dakota.
But the state’s Republican secretary of state, Michael Howe, appealed the lower court’s ruling to the 8th Circuit, arguing that, contrary to decades of precedent, Section 1983 does not allow private individuals and groups to bring this kind of lawsuit.
Since 2021, Republican officials in Arkansas and Louisiana have made similar novel arguments in redistricting lawsuits after Justice Neil Gorsuch, Trump’s first Supreme Court appointee, issued a single-paragraph opinion that said lower courts have considered whether private individuals can sue an “open question.” For this North Dakota lawsuit, 14 GOP state attorneys general signed on to a friend-of-the-court brief arguing that private parties don’t have a right to sue with Section 2 claims.
In a separate Arkansas-based case before the 8th Circuit, GOP state officials have also questioned whether there is a private right of action under another part of the Voting Rights Acts — Section 208, which states that voters who need assistance to vote because of a disability or inability to read or write can generally receive help from a person of their choice.
Many legal experts consider this questioning of a private right of action as the prelude to the next potential showdown over the Voting Rights Act at the Supreme Court, where multiple rulings by the court’s conservative majority have eroded the law’s protections over the past decade.
Edited by Benjamin Swasey
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With federal relief on the horizon, Black farmers worry it won’t come soon enough
A cotton field in north Louisiana.
Dylan Hawkins
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Dylan Hawkins
NEW ORLEANS – James Davis had the best year in his entire farming career this year.
The third-generation Black row crop farmer estimated picking almost 1,300 pounds of cotton, an average of 50 bushels of soybeans, and an average of around 155 bushels of corn on 2,500 acres of his farmland in northeast Louisiana.
But with U.S. commodities facing steep retaliatory tariffs overseas, he says he and many other farmers can’t sell their crops for enough to cover the loans they take out to fund the growing season.
The tariffs, Davis said, are making it almost impossible to survive.
“To have that kind of yield and still not be able to pay all your bills, that tells you something is broken in the farming industry,” Davis said.
In order to plan for next year, farmers need relief now, Davis said. At a recent meeting with his banker, the bank projected 2026 revenues in order to secure crop loans, and the cash flow math wasn’t adding up — the farm’s expected income wasn’t enough to cover operating loans once input costs, equipment notes, land rent and insurance premiums were factored in.

The Trump administration announced just this week a new $12 billion package of one-time bridge payments for American farmers like Davis, aimed at helping them recover from temporary market disruptions and high production costs.
“This relief will provide much needed certainty as they get this year’s harvest to market and look ahead to next year’s crops,” Trump said during a White House roundtable event. “It’ll help them continue their efforts to lower food prices for American families.”
Davis says that type of help can’t come soon enough.
“Without bailouts, it is hard to make crop loans work on paper,” he said in an interview with NPR on Monday.
James Davis asks a question at a panel on farm finances at the National Black Growers Council conference in New Orleans on Dec. 10, 2025. Davis is a third-generation Black row crop farmer who said that despite having the best year he’s ever had in his farming career, he’s still struggling to pay his bills.
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At the same time, however, the Trump Administration dismantled decades-old USDA programs designed to assist Black farmers by eliminating the “socially disadvantaged” designation, including programs like the 2501 Program, which many Black row-crop farmers rely on for access to credit, technical assistance, and conservation support that are otherwise difficult to secure at county-level USDA offices. The USDA did not respond to requests for interviews or comment.
Those supports, experts said, were designed to help smaller farmers and farmers of color remain on the land.
Welcome relief may not come in time
The Farmer Bridge Assistance Program accounts for up to $11 billion of the newly announced package, and offers proportional payments to farmers growing major commodities, including row crops like soybeans, corn and cotton.
Payments are expected to begin by February of next year, and are designed to offset losses from the 2025 crop year.


For many farmers, that isn’t soon enough. While the bridge payment may help with crop loans, there are immediate bills due for many in the coming weeks.
“This needs to show up like Santa Claus underneath the Christmas tree, to be honest with you,” said PJ Haynie, a fifth-generation Black farmer with rice operations in Virginia and Arkansas and chairman of the National Black Growers Council, which met in New Orleans this week for its annual conference.
“Our landlords want their money by the end of the year — our seed and input and chemical and equipment companies that we have to make payments by the end of the year,” he said.
Some farmers may have relationships with bankers and companies that will work with them and extend payment deadlines a few months, Haynie said — others don’t. And farmers are grateful for any support they receive, but, Haynie said, the one-time bridge payments aren’t enough.
“They still won’t make us whole because of the losses that we’ve incurred because of the markets, the tariffs, the trade,” he said. “But every dollar helps.”
Farmers already face challenges like unpredictable weather, pests and stagnant commodity prices, as well as rising input costs including machinery and fertilizer purchases. “We plant and we pray,” as Haynie put it. Tariffs have only compounded those challenges.
Black farmers face additional challenges
Black farmers like Haynie and Davis make up less than 2% of all U.S. farmers — and Black row-crop farmers, like those at this week’s conference, are an even smaller slice of that.
“Our herd is small,” Haynie said, “and if we can protect the herd, the herd will grow.”
Black farmers have asked the federal government for loan relief and other assistance for decades. A century ago, Black farmers owned at least 16 million acres of land. Today, Haynie said they hold around 2 million.
Following the Civil War, Black Americans were promised “40 acres and a mule” by the federal government, but many say that promise never came to pass.
Over the course of the past 100 years, the amount of Black-owned farmland dropped by 90%, according to Data for Progress, due to higher rates of loan and credit denials, lack of legal and industry support and “outright acts of violence and intimidation.”
Advocates say the inability for Black farmers to get a start, and later the sharp drop in farming population, is in part due to what they call USDA’s discriminatory lending practices, and often specific loan officers’ biases. The agency is the subject of an ongoing discrimination class action lawsuit by Black farmers and additional litigation due to those and other allegations.
Much of that history plays into how Black farmers approach the Trump administration.
“The Black row crop farm community needs the support of the administration,” Haynie said. “I can’t … buy an $800,000 combine to sell $4 corn. The math doesn’t math on that.”
All farmers — “Black or white” — are responding to the same depressed prices, he said. But Black farmers, he argues, already a small percentage of total U.S. growers, and often operating at a smaller scale, have less buffer to absorb sudden market shocks.
As farmers look at their projected costs next year, economists say they’re also navigating deep uncertainty in global markets.
“I think that a lot of farmers are still very much looking at the next year with some trepidation, thinking that their margins will continue to be very, very tight,” said Joseph Glauber, a senior research fellow at the International Food Policy Research Institute in Washington D.C.
U.S. trade with China — historically the top buyer of American soybeans and other row crops — has not rebounded to pre–trade war levels despite a new agreement. Meanwhile, Glauber said, countries like Brazil have expanded production dramatically, seizing market share during the trade war and becoming the world’s top soybean exporter — a long-term structural shift that U.S. growers now have to compete against.
Finis Stribling III (left) and John Green II (right) take a break during the National Black Growers Council conference in New Orleans on Dec. 10, 2025. Both Stribling and Green were plagued by bad weather at the start of this year’s growing season, and both said tariffs have only made things harder.
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He added that crops grown in the Mississippi River Delta, such as cotton and soybeans, have been hit especially hard by low prices and retaliatory tariffs.
Finis Stribling III farms 800 acres of cotton, rice, corn, soybeans and wheat in Arkansas and Tennessee. At the National Black Growers Council’s conference, he told NPR 2025 was another year of what he calls “farming in deficit.”
“We had too much rain early, then drought,” he said. “And when you finally get a crop in the field, the price support isn’t strong enough to cover the cost of production.”
Sitting next to him during a lunch break at the conference, another Arkansas row crop farmer John Lee II, put it bluntly: “What I’m worried about is next year. What do we do in 2026 when we go to the bank to try and get a loan? I’m concerned about the notion of going to the bank this upcoming year and not being able to get a loan because we can’t make the loan cash flow.”
Both also said the new tariff relief will help — but not nearly to the degree many outside agriculture may think.
“From the outside looking in, non-farm community, you say $12 billion seems like a lot of money,” Stribling said. “But when you look at the cost of production and the money that’s spent in agriculture, $12 billion is really just a drop in the bucket. It’s almost like putting a Band-Aid on a bullet wound.”
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Manhunt under way for attacker after two students killed at US university
More than 400 law enforcement personnel have been deployed as police search for the suspect in a shooting at Brown University in Rhode Island in which two students were killed and nine wounded, US officials said.
The Ivy League university in Providence remained in lockdown early on Sunday, several hours after a suspect with a firearm entered a building where students were taking exams on Saturday. Streets around the campus were packed with emergency vehicles hours after the shooting, and security was heightened around the city as law enforcement agencies continued their manhunt.
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The suspect remained at large, officials said, as police worked with agents from the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives to search streets and buildings around the campus to find the individual.
Saturday’s shooting is the second major incident of gun violence on a university campus this week.
Providence deputy police chief Timothy O’Hara said the suspect had not been identified.
Officials said they would release a video of the suspect, a male possibly in his 30s and dressed in black, who O’Hara said may have been wearing a mask. He said officials had retrieved shell casings from the scene of the shooting, but that police were not prepared to release more details of the attack.
Providence Mayor Brett Smiley has confirmed that two students were killed and nine people were injured in the attack.
At a news conference, Smiley said university leaders became aware of the shooting at about 4:05pm local time (21:05 GMT), when emergency responders received a 911 call.
Smiley declined to identify the shooting victims, citing the ongoing investigation. However, he sought to reassure the community, despite a shelter-in-place order for the Brown campus and the surrounding neighbourhood.
“We have no reason to believe there are any additional threats at this time,” he said.
The university’s president, Christina Paxton, explained she had been on a flight to Washington, DC, when she learned of the shooting. She immediately returned to Providence to attend a night-time news conference.
“This is a day that we hoped never would come to our community. It is deeply devastating for all of us,” Paxton said in a written statement.
At the news conference, Paxton said she was told the victims were students.
Suspect remains at large
At approximately 4:22pm local time (21:22 GMT), the university issued its first emergency update, warning that there was an armed man near the Barus and Holley engineering and physics building.
“Lock doors, silence phones and stay hidden until further notice,” the university said in its update.
“Remember: RUN, if you are in the affected location, evacuate safely if you can; HIDE, if evacuation is not possible, take cover; FIGHT, as a last resort, take action to protect yourself.”
Upon arriving at the scene, law enforcement swept the building, according to Providence police’s O’Hara.
“They did a systematic search of the building. However, no suspect was located at that time,” O’Hara said.
The university had to withdraw an early announcement that a suspect had been apprehended, writing, “Police do not have a suspect in custody and continue to search for suspect(s).”
US President Donald Trump published a similar retraction on his online platform, Truth Social, after erroneously posting at about 5:44pm (22:44 GMT) that a suspect had been detained.
Mayor Smiley said there were 400 law enforcement officers in the area to search for the suspect.
He also encouraged witnesses to come forward with any information about the shooting.
The seventh-oldest university in the US, Brown is considered part of the prestigious Ivy League, a cluster of private research colleges in the northeast. Its student body numbers 11,005, according to its website.
On December 9, Kentucky State University in the southern city of Frankfort also experienced gunfire on campus, killing one student and leaving a second critically injured.
The suspect in that case was identified as Jacob Lee Bard, the parent of a student at the school.
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Video: At Least Two Killed in Shooting at Brown University
new video loaded: At Least Two Killed in Shooting at Brown University
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At Least Two Killed in Shooting at Brown University
Students remained locked in their dorms and classrooms as the police searched for the shooter, who was described as a man wearing black. At least two people are dead, and eight are in critical condition.
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At 4:00 in the afternoon, we received a call. 4:05 was when the initial call came in to Brown University of a report of an active shooter. I can confirm that there are two individuals who have died this afternoon, and there are another eight in critical status. We do not have a shooter in custody at this time. There is a shelter in place in effect for the greater Brown University area. If you live on or near Brown’s campus, we are encouraging you to stay home and stay inside. This is a sad state of our country right now where you have to plan for these things. And hopefully the community takes some comfort to know that their Providence leadership has planned for this occurrence, including very recently.
By McKinnon de Kuyper
December 13, 2025
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