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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
Federal prosecutors have filed charges against a former Army serviceman they accused of distributing instructions on how to build explosives that were used by a man who conducted a deadly attack in New Orleans on New Year’s Day last year.
The former serviceman, Jordan A. Derrick, a 40-year-old from Missouri, was charged with one count of engaging in the business of manufacturing explosive materials without a license; one count of unlawful possession of an unregistered destructive device; and one count of distributing information relating to manufacturing explosives, according to a criminal complaint unsealed on Wednesday. The three charges together carry a maximum sentence of 40 years in federal prison.
Starting in September 2023, the authorities said, Mr. Derrick was using various social media sites to share videos of himself making explosive materials, including detonators. His videos provided step-by-step instructions, and he often engaged with viewers in comments, sometimes answering their questions about the chemistry behind the explosives.
The authorities said that Mr. Derrick’s videos were downloaded by Shamsud-Din Bahar Jabbar, 42, who was accused of ramming a pickup truck into a crowd on Bourbon Street in New Orleans on Jan. 1, 2025, in a terrorist attack that killed 14 people and injured dozens. Mr. Jabbar was killed in a shootout with the police. Before the attack, Mr. Jabbar had placed two explosives on Bourbon Street, the authorities said, but they did not detonate.
The authorities later recovered two laptops and a USB drive in a house that Mr. Jabbar had rented. The USB drive contained several videos created by Mr. Derrick that provided instructions on making explosives. The authorities said the explosives they recovered were consistent with the ones Mr. Derrick had posted about.
Mr. Derrick’s lawyers did not respond to requests for comment.
Mr. Derrick was a combat engineer in the Army, where he provided personnel and vehicle support, the authorities said. He also helped supervise safety personnel during demolitions and various operations. He was honorably discharged in February 2013.
The authorities did not say whether Mr. Derrick had any communication with Mr. Jabbar, or whether the men had known each other. In some of Mr. Derrick’s videos and comments, he indicated that he was aware that his videos could be misused.
“There are a plethora of uh, moral, you know, entanglements with topics, any topic of teaching explosives, right?” he asked in one video, according to the affidavit. “Of course, the wrong people could get it.”
The authorities also said that an explosion occurred at a private residence in Odessa, Mo., on May 4, and the occupant of the residence told investigators that he had manufactured explosives after watching online tutorials from Mr. Derrick.
Mr. Derrick’s YouTube account had more than 15,000 subscribers and 20 published videos, the affidavit said. He had also posted content on other platforms, including Odysee and Patreon. Some videos were accessible to the public for free, while others required a paid subscription to view.
“My responsibility to my countrymen is to make sure that I serve the function of the Second Amendment to strengthen it,” Mr. Derrick said in one of his videos, according to the affidavit. “This is how I serve my country for real.”
Outside of the income he received through content creation, Mr. Derrick did not have any known employment. He did receive a monthly disability check from Veterans Affairs, the affidavit stated.
A streamer known for hurling racist slurs in public settings under the nickname “Chud the Builder” was charged with attempted murder after a shooting outside a Tennessee courthouse on Wednesday, the authorities said.
The streamer, Dalton Eatherly, 28, was involved in a confrontation with an unidentified man that escalated to gunfire outside the Montgomery County Court in Clarksville, about 50 miles northwest of Nashville, the Montgomery County Sheriff’s Office said in a statement. Both men sustained gunshot wounds and were in stable condition, the office said.
In addition to attempted murder, Mr. Eatherly was charged with employing a firearm during dangerous felony, aggravated assault and reckless endangerment with a deadly weapon, the sheriff’s office said.
Mr. Eatherly, who is white, has accumulated an online audience by livestreaming confrontations in which he uses racist language toward Black people in public.
Law enforcement did not provide any details about the second man involved in Wednesday’s shooting. Mr. Eatherly posted an audio recording online of paramedics treating his wounds in which he claims he shot the man in self-defense.
A video posted by the website Clarksville Now shows Mr. Eatherly on a stretcher with a microphone attached to his lapel.
Mr. Eatherly is being held at the Montgomery County Jail, pending arraignment, the sheriff’s office said.
According to court records, Mr. Eatherly was scheduled to appear for a court hearing on Wednesday morning in an unrelated case brought by Midland Credit Management, a collections agency.
A lawyer listed in court records from a separate harassment case in which Mr. Eatherly was a defendant in November did not respond to a request for comment.
On Sunday, three days before the shooting in Clarksville, Mr. Eatherly was arrested in Nashville. According to a police affidavit, Mr. Eatherly live streamed his meal at a restaurant, Bob’s Steak and Chop House, on Saturday even though the restaurant had asked him ahead of time not to do so.
When he was confronted, Mr. Eatherly “became disruptive and started making racial statements, yelling, screaming and otherwise creating a scene,” according to the affidavit.
He then refused to pay for his $370 meal. Mr. Eatherly was charged with theft of services, disorderly conduct and resisting arrest. He was released on $5,000 bond.
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