The Voting Rights Act—the cornerstone of American civil rights legislation for nearly 60 years—faces its most serious threat yet. Next month, the U.S. Supreme Court will decide whether to take up a new case that could effectively shut down almost all private lawsuits brought under Section 2 of the law, legal experts warn.
If the justices agree to hear the appeal, it could mark the beginning of the end for one of the last remaining enforcement mechanisms of the Voting Rights Act, opening the door for states to redraw electoral maps, impose restrictive voting rules, and dilute minority voting power without fear of legal consequences.
Table of Contents
- What Is the New Challenge?
- Why Section 2 Matters
- The Stakes for 2026 and Beyond
- Legal Precedent at Risk
- What Happens Next?
- Sources
What Is the New Challenge?
The case stems from a lower court ruling that upheld the ability of private citizens and civil rights groups to sue under Section 2 when they believe an election law or district map discriminates against voters of color. But Republican state officials have appealed that decision, arguing that only the U.S. Department of Justice—not individuals or organizations—should be allowed to enforce the law.
If the Supreme Court accepts the appeal and ultimately sides with the states, it would strip away the primary tool communities have used for decades to challenge gerrymandered maps, voter ID laws, polling place closures, and other policies that disproportionately impact Black, Latino, and Indigenous voters.
Why Section 2 Matters
Section 2 of the Voting Rights Act prohibits any voting practice that “results in a denial or abridgement of the right to vote on account of race or color.” Unlike Section 5—which required certain states to get federal approval before changing voting laws and was gutted by the Court in 2013—Section 2 applies nationwide and has remained a critical legal backstop.
“Without private enforcement, Section 2 becomes a paper tiger,” said Myrna Pérez, director of the Voting Rights Project at the Brennan Center for Justice. “The DOJ simply doesn’t have the resources to monitor every county in every state.”
The Stakes for 2026 and Beyond
The timing is especially alarming. With the 2026 midterms just over a year away, states are already preparing candidate filings, redistricting plans, and election logistics. If private lawsuits are blocked, there may be no legal recourse to stop discriminatory changes before ballots are cast.
States like Texas, Georgia, and Florida—where recent voting laws have faced Section 2 challenges—could move swiftly to implement more restrictive measures if they know courts won’t entertain citizen-led suits.
Legal Precedent at Risk
For over four decades, federal courts have consistently recognized the right of private parties to bring Section 2 claims. The Supreme Court itself affirmed this principle as recently as 2021 in Brnovich v. DNC, even as it narrowed the scope of what constitutes a violation.
Now, conservative legal groups are pushing the Court to overturn that long-standing consensus. Legal analysts say the current 6-3 conservative majority makes this outcome more plausible than ever before.
What Happens Next?
The Court is expected to announce in November whether it will hear the case. If it does, a decision could come by June 2026—just months before primary elections begin.
Civil rights advocates are bracing for impact. “This isn’t just about one lawsuit,” said Sherrilyn Ifill, former president of the NAACP Legal Defense Fund. “This is about whether everyday Americans can defend their democracy when the government fails to.”
