Who can defend voting rights? An appeals court ruling sharply limiting lawsuits looks likely to head to the Supreme Court

(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)

Anthony Michael Kreis, Georgia State University

(THE CONVERSATION) A federal appeals court in Arkansas ruled on Monday, Nov. 20, 2023, that only the federal government – not private citizens or civil rights groups – could sue to enforce the 1965 Voting Rights Act.

This decision will likely be appealed to the Supreme Court – but if it stands, it could gut individual people’s and civil rights groups’ legal right to fight racial discrimination in voting.

The Conversation spoke with Anthony Michael Kreis, a scholar of constitutional law, democracy and civil rights, to better understand the significance of this court ruling.

What is most important for people to understand about this court decision?

There are currently two ways to safeguard the Voting Rights Act and try to enforce it in court. One is through the federal government and the Department of Justice. The other is private groups, often civil rights organizations, that try to enforce the Voting Rights Act when there is a violation and people are not being given equal opportunity and the ability to vote.

I believe...