Recent Supreme Court Decision Raises New Concerns About Voting Rights

The U.S. Supreme Court on Monday declined to hear a challenge to Arkansas’ restrictions on who can assist voters at the polls — a move voting rights advocates say further weakens the federal Voting Rights Act and narrows legal action for combating discrimination at the ballot box.

The court’s decision leaves in place a ruling from the U.S. Court of Appeals for the 8th Circuit that upheld Arkansas’ law limiting voter assistance and concluded that private individuals cannot sue under Section 208 of the Voting Rights Act, a key provision designed to help voters who need assistance because of disability, illiteracy, or limited English proficiency.

According to NPR, the Supreme Court’s refusal to review the case means a lower-court ruling will stand in the states covered by the 8th Circuit, which include Arkansas, Missouri, Iowa, Minnesota, Nebraska, North Dakota, and South Dakota. The decision represents another setback for voting rights advocates already grappling with a series of recent rulings that have narrowed protections under the landmark 1965 law.

“There’s no voting rights enforcement because this administration is hostile to voting rights, so they won’t be doing any enforcement of [the] Voting Rights Act,” said Mexican American Legal Defense and Educational Fund (MALDEF) President and General Counsel Thomas A. Saenz, reports the Arkansas Advocate.

The case stemmed from a challenge brought by advocacy groups and voters who argued that Arkansas’ restrictions conflicted with Section 208, which allows voters requiring assistance to receive help from a person of their choice, with limited exceptions. The 8th Circuit sided with Arkansas, ruling that only the U.S. Department of Justice—not private citizens—can enforce that provision.

Voting rights advocates view the decision as another step in the erosion of federal voting protections. Sophia Lin Lakin, the director of the American Civil Liberties Union’s Voting Rights Project, called the Supreme Court’s decision “deeply disappointing” and warned it would make it harder to challenge voting barriers that disproportionately affect minority communities.

On the other hand, supporters of the ruling argued that the decision helps states prevent voters from being influenced at the polls.

“This law is a common sense measure,” said Samantha Boyd, a spokesperson for the Arkansas Secretary of State’s office. “One individual who is not a poll worker helping more than six different people vote places an unnecessary risk of undue influence in the system, and we support the Supreme Court’s decision.”

NPR reported that the case centers on a broader legal question of whether private citizens are authorized to sue under provisions of the Voting Rights Act. Civil rights organizations argue that private enforcement has long been essential because federal officials cannot pursue every alleged violation nationwide. One voting rights advocate told NPR that private lawsuits have been “the primary way” many provisions of the law have been enforced for decades.

Following the Supreme Court’s decision not to intervene, voting rights advocates are expected to shift their focus to Congress, state legislatures, and the Justice Department as they seek alternative ways to protect vulnerable voters and challenge election laws.

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