Nessel Joins 22 Attorneys General in Voting Rights Case

Michigan Attorney General Dana Nessel, along with 22 other attorneys general, is urging the U.S. Supreme Court to review a case concerning an individual's right to sue under the federal Voting Rights Act. The coalition is challenging a decision by the Eighth Circuit Court of Appeals that would prevent individuals from suing to enforce the act. This case, Turtle Mountain Band of Chippewa Indians v. Howe, involves a lawsuit filed in 2022 by the Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribal, and three Native American voters against North Dakota's redistricting plan, which they argue dilutes Native American votes.

The U.S. District Court for the District of North Dakota initially ruled that the redistricting plan discriminated against Native American voters. However, the Eighth Circuit reversed this decision, ruling that individuals and organizations cannot sue to enforce Section 2 of the Voting Rights Act. Section 2 prohibits state and local governments from implementing racially discriminatory policies.

In their brief, the attorneys general emphasize the importance of private enforcement of the Voting Rights Act, noting that private citizens have accounted for 91% of challenges under Section 2 between 1982 and 2024. They argue that relying solely on the U.S. Attorney General to enforce the law would be inadequate. "If individuals are stripped of their ability to enforce the Voting Rights Act, everyday Americans will have little control in protecting their own right to vote," Nessel stated.

The brief is supported by attorneys general from states including Minnesota, Arizona, California, and New York. They are calling on the Supreme Court to preserve the fundamental protections of democracy by allowing individuals to sue under the Voting Rights Act.