As readers of this blog know, the Eighth Circuit recently ruled that there is no implied cause of action under Section 2 of the Voting Rights Act and that Section 1983 cannot provide a jurisdictional hook. In plain English, this means that private plaintiffs cannot bring suit and that over ninety percent of Section 2 cases were improperly heard.

A cert petition in Turtle Mountain Band of Chippewa Indians v. Howe was filed earlier this year that tees up these two questions. The Court considered the petition at its November 21 conference. Today, the Court’s order list makes no mention of Turtle Mountain . Neither did the November 24 order list. This development is very worrisome.

This case should be an easy grant. There is a clear and acknowledged circuit split. The issue is obvi

See Full Page