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A federal appeals panel has made enforcing the Voting Rights Act harder in 7 states

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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.

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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.

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“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.

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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.

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Edited by Benjamin Swasey

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Japan scraps US meeting after Washington demands more defence spending

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Japan scraps US meeting after Washington demands more defence spending

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Japan has cancelled a top-level meeting with the US after the Trump administration abruptly told Tokyo to spend more on defence, sparking anger in Washington’s closest Asian ally.

US secretary of state Marco Rubio and defence secretary Pete Hegseth were due to meet Japan’s defence minister Gen Nakatani and foreign minister Takeshi Iwaya in Washington on July 1 for annual security talks known as the “2+2”.

But Tokyo scrapped the meeting after the US asked Japan to boost defence spending to 3.5 per cent, higher than its earlier request of 3 per cent, according to three people familiar with the matter, including two officials in Tokyo.

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The new, higher demand was made in recent weeks by Elbridge Colby, the third-most senior official at the Pentagon, and sparked anger in Tokyo.

The tension over security issues comes as the allies hold tough trade talks after President Donald Trump in April imposed “reciprocal” tariffs on Japan.

One senior Japanese official said the decision to cancel the July 1 meeting was also related to the July 20 Upper House elections where the ruling Liberal Democratic party is expected to suffer a loss of seats.

Christopher Johnstone, a former senior US government Japan expert, said Tokyo viewed 2+2 meetings as a “very high priority” because they provided “politically valuable opportunities to showcase the strength of the US-Japan alliance”. He said postponing the meeting until after the Japanese election signalled “significant unease in Tokyo about the state of the bilateral relationship and its outlook”.

“Tokyo appears to have concluded that the political risk of a meeting before the election was higher than the potential gain — a pretty extraordinary assessment, if true,” said Johnstone, partner at The Asia Group, a consultancy.

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The friction between Washington and Tokyo comes as the US puts pressure on European and Asian allies to boost defence spending.

Speaking at the IISS Shangri-La Dialogue defence forum in Singapore last month, Hegseth urged Asia-Pacific allies to follow the “newfound example” of Europeans pledging to spend more and cited the threats in the region from China and North Korea.

“The US is now playing hardball with allies in the Asia-Pacific,” said one defence official.

Colby has been at the forefront of that push. In his US Senate confirmation hearing in March, his calls for Tokyo to increase defence spending drew a rebuke from Prime Minister Shigeru Ishiba, who said Tokyo would decide its own budget.

“The Trump administration’s inconsistent and unrealistic message on its expectations for allied defence spending levels in Asia risks backfiring and undermining those officials and experts who are most supportive of the United States in some key foreign capitals,” said Zack Cooper, an Asia security expert at the American Enterprise Institute.

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Colby has taken other positions that have raised anxiety among US allies. The Financial Times recently revealed that he was conducting a review of Aukus, the landmark security agreement between the US, UK and Australia designed to help Canberra procure a fleet of nuclear-powered submarines.

The FT also reported in May that he had told European countries that they should focus their militaries on the Euro-Atlantic region and less on the Asia-Pacific. The stance marked a shift from the Biden administration’s push to involve European allies in Asia to send a unified message of deterrence to China.

In another example of the shift, the Trump administration is not pushing Nato allies to reference the Indo-Pacific in the communiqué at the alliance’s summit in The Hague next week.

At the 2024 summit, members said the Indo-Pacific was “important for Nato”. But three people familiar with the draft of the communiqué that will be released next week said it did not mention the region.

Former president Joe Biden had invested heavily in securing the language, arguing that the European and Indo-Pacific theatres were linked.

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Japan’s defence ministry did not comment on whether the talks had been cancelled, and said no decision had been made on the timing of the next meeting. The state department and Pentagon did not comment.

 

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Federal judge declines to order Trump officials to recover deleted Signal messages

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Federal judge declines to order Trump officials to recover deleted Signal messages

Secretary of Defense Pete Hegseth looks on during a cabinet meeting with President Trump in the Cabinet Room of the White House on April 10.

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A federal judge in Washington, D.C., has issued a preliminary injunction ordering top national security officials who discussed military operations on the encrypted messaging service Signal to notify the acting archivist of the United States of any messages they have that may be at risk of being deleted. But in calling for those records to be preserved, the ruling stopped short of ordering the government to recover past messages that may already have been lost.

American Oversight, a nonprofit government watchdog, brought the lawsuit after the journalist Jeffrey Goldberg was mistakenly added to a group chat on Signal in which Trump administration officials discussed a planned U.S. military attack against Houthi rebels in Yemen. American Oversight says the officials violated federal records law with their use of Signal, a commercial messaging app that allows messages to be automatically deleted.

In his ruling Friday, U.S. judge James Boasberg said American Oversight had failed to show that the recordkeeping programs of the agencies involved in the case are “inadequate,” or that “this court can provide redress for already-deleted messages,” as the group had requested.

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“Plaintiff has provided no reason to believe that ordering the Attorney General to use her “coercive power” to “shak[e] the tree harder” … would bear any fruit with respect to already-deleted messages,” Boasberg wrote. “The Court therefore cannot conclude that American Oversight’s request for communications that have already fallen victim to Signal’s auto-delete function remains redressable given Plaintiff’s own representations to the contrary.”

But the judge granted the group a partial victory when it comes to messages that have not been erased.

“Because the looming erasure of automatically deleting Signal messages qualifies as such an imminent destruction of records, and because the Attorney General could prevent that destruction by instructing Government officials to halt the messages’ deletion, it remains possible for the Court to provide relief,” he wrote.

“We expect immediate compliance — and if they drag their feet or fail to act, we are fully prepared to pursue further legal action to ensure government records, which belong to the public, are preserved and protected,” said Chioma Chukwu, executive director of American Oversight in a statement.

Questions about potentially classified information

Goldberg’s reporting about the chat shocked military and intelligence experts and became the focus of a review by the Pentagon’s acting inspector general. Lawmakers on the Senate Armed Services Committee have also raised concerns about whether top national security officials shared classified information in the chat.

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In his reporting, Goldberg detailed key exchanges from the Signal chat, including messages in which Defense Secretary Pete Hegseth shared information about targets, weapons and attack sequencing just ahead of the airstrikes.

Hegseth has adamantly denied that any classified war plans were discussed in the Signal chat. The White House has also denied that any classified plans were shared, and said in March that its review of the incident had concluded.

“This case has been closed here at the White House as far as we are concerned,” White House press secretary Karoline Leavitt told reporters. “There have been steps made to ensure that something like that can obviously never happen again, and we’re moving forward,” she said.

Controversy surrounding the use of Signal by administration officials dogged the White House a month later when the New York Times reported that Hegseth shared details of the attack on a second Signal chat that included his wife and brother.

“It is now clear that the use of Signal to conduct official government business by administration officials is widespread: senior administration officials used, and likely continue to use, a commercially available text message application with an auto-delete function and no apparent mechanism to fully preserve federal records on government recordkeeping systems,” the watchdog group wrote in an amended complaint filed in late April.

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Hegseth is named as a defendant in the American Oversight suit, alongside Director of National Intelligence Tulsi Gabbard, CIA Director John Ratcliffe, Treasury Secretary Scott Bessent and Secretary of State Marco Rubio.

What the plaintiffs allege

The plaintiffs allege that officials violated the Federal Records Act by discussing “official government actions” on the messaging platform, which is not an authorized system for keeping federal records, according to their complaint. The 1950 law outlines the legal framework by which federal records are meant to be preserved.

American Oversight has also argued that administration officials failed to preserve their messages, noting that multiple individuals who participated in the group chat had the auto-delete setting turned on.

In an initial ruling in March, Boasberg ordered administration officials to preserve any records from the chat dated March 11 to March 15.

The defendants told the court they had taken steps to comply with the order and preserve records, but American Oversight said in subsequent filings that they had “serious questions” about what exactly the government had saved. They said declarations by defendants submitted to the court lacked key specifics, and that “no Defendant” had attested to saving the chat “in its entirety.”

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In the case of Ratcliffe, the group alleged that the CIA director failed to comply with the court’s order. “Because of this failure, Signal communications may have been lost,” they said. The defendants denounced the allegation saying it sought to “stir public controversy without basis in fact or law,” and that Ratcliffe had complied with the court’s order.

In his opinion issued Friday, Boasberg appeared to cast doubt on American Oversight’s argument, writing that the defendants, “did not appear to have any difficulty in following their respective agencies’ policies to preserve the messages that had not yet been deleted.”

“For these reasons, Plaintiff’s claim that the agencies’ formal recordkeeping programs violate the FRA is unlikely to succeed,” he wrote.

NPR disclosure: Katherine Maher, the CEO of NPR, chairs the board of the Signal Foundation.

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Apollo to finance UK Hinkley Point nuclear plant with £4.5bn loan

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Apollo to finance UK Hinkley Point nuclear plant with £4.5bn loan

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US private equity giant Apollo will provide £4.5bn in debt financing to support the UK’s Hinkley Point nuclear project, in a deal that will help ease financial pressures on the flagship development.

The investment grade financing will be provided as unsecured debt at an interest rate just below 7 per cent, people familiar with the matter said.

The funding could be used for other UK projects by French state-owned electricity group EDF, but Hinkley Point is expected to be the primary target for the debt package.

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The financing meets a key funding gap for the nuclear project, which has suffered from consistent cost overruns. It was expected to cost £18bn and to be completed in 2025 but the estimated cost has swelled to almost £46bn and its start date pushed back to 2029.

This is a developing story

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