John,

Here are some updates from the last few days you may have missed.

Arkansas Judge Endangers the Voting Rights Act

• On Feb. 17, a federal judge in Arkansas ruled that there is no private right of action under Section 2 of the Voting Rights Act (VRA) — meaning that only the U.S. attorney general can bring Section 2 lawsuits. The ruling rejects decades of precedent and, if upheld, would severely weaken an already diminished VRA. Learn more about the ruling here.

Ohio Impasse Lawsuit Filed After Commission Fails to Adopt New Districts by Deadline

• Last week, the Ohio Redistricting Commission failed to adopt new legislative districts by a Feb. 17 deadline mandated by the Supreme Court of Ohio. The state Supreme Court overturned two previous redistricting plans passed by the commission for violating the Ohio Constitution.


• In response to this stalemate, a group of Republican voters filed a federal lawsuit. The complaint argues that a federal court must step in to ensure there are new districts in place for 2022. It asks the court to declare the current districts unconstitutional and adopt the second plan submitted by the commission — even though the state Supreme Court struck it down for being an unconstitutional partisan gerrymander that favors Republicans. Read more about the case here.

Kentucky State Court Declines to Issue Preliminary Injunction

• A state court denied a request to block Kentucky’s new state House and congressional map from going into effect while litigation is ongoing. The court reasoned the plaintiffs did not meet the state’s standard for injunctive relief, although it also stressed the decision has no bearing on the merits of the case. Read more here.

Kansas Attorney General Urges Court to Dismiss Lawsuits

• On Friday, Kansas Attorney General Derek Schmidt (R) filed a petition in the Kansas Supreme Court asking it to block two lawsuits challenging the state’s new congressional districts. Filed on behalf of Kansa Secretary of State Scott Schwab (R), the petition argues the lawsuits raise nonjusticiable political questions that the Kansas judicial system cannot decide. Find out more about the petition here.

Texas Officials Urge DOJ to Protect the Vote

• On Friday, three officials from Harris County, Texas sent a letter to U.S. Attorney General Merrick Garland urging the Department of Justice to “exhaust every legal option available to ensure that each eligible vote in Harris County and the State of Texas has their vote counted.”


• The letter raised concerns with the alarmingly high number of mail-in applications and ballots flagged for rejection during the state’s primary election. The officials attribute the heightened rate to Texas Senate Bill 1, a restrictive voting law approved last year. Get the full details here.

Also, be sure to keep an eye for redistricting news in North Carolina tomorrow — the trial court in the cases challenging the state’s maps is supposed to select new maps by noon. Whatever happens, you’ll be able to find out more on our Alerts page.

Thanks for staying in the fight
Team Democracy Docket