Asian and Latino civil rights groups to Supreme Court: Communities of color have a right to defend against voter suppression
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AALDEF Media media@aaldef.orgLatinoJustice, PRLDF media@latinojustice.org
NEW YORK — Three civil rights organizations submitted an amicus brief to the U.S. Supreme Court yesterday in support of Native American tribes in North Dakota who sued the state over its unfair redistricting process.
The plaintiffs in Turtle Mountain Band of Chippewa Indians v. Howe argue that the state’s 2021 legislative redistricting plan resulted in a map that illegally dilutes the voting strength of Native American voters. In May, the Eighth Circuit ruled that the plaintiffs, as private parties, did not have the right to challenge the redistricting plan. Plaintiffs are now asking the Supreme Court to take up the case in appeal.
The Asian American Legal Defense and Education Fund (AALDEF), Asian Americans Advancing Justice | AAJC (Advancing Justice | AAJC), LatinoJustice PRLDEF, and co-counsel Patterson Belknap Webb & Tyler LLP argue in their brief that if the Eighth Circuit decision is allowed to stand and the only entity that can bring cases to enforce the Voting Rights Act is the Department of Justice, it would severely threaten the language access provisions that many communities of color rely on to vote.
Even as language diversity has grown significantly across many parts of the country in the past decade, the Department of Justice (DOJ) has brought almost no proceedings to enforce the language access protections of the VRA. The groups say this means the DOJ cannot be relied on to represent the interests of marginalized communities.
“For Asian communities, where one in three have limited English proficiency, the VRA’s language access protections are critical to enabling participation and representation in our democracy,” said Patrick Stegemoeller of the Asian American Legal Defense and Education Fund (AALDEF). “If allowed to stand, the Eighth Circuit’s ruling will leave communities whose voice in our democracy is already being silenced without a voice in our legal system as well, unable to defend themselves against the voter suppression and discrimination tactics that first compelled the passage of the VRA.”
"English-only election practices are a form of white supremacy, and the Voting Rights Act (VRA) makes much of it illegal, said Miranda Galindo, Supervising Counsel, LatinoJustice PRLDEF. “For example, the VRA has protected limited English Proficient Spanish speaking Latinx voters’ right to Spanish-language voting materials and assistance for 60 years. LJP condemns rogue attacks on Americans’ right to enforce their fundamental right to vote under the VRA."
“Asian Americans are the fastest growing electorate in the United States, and about 3 out of every 4 Asian Americans speak a language other than English at home. The VRA’s language access protections have been pivotal in ensuring that all eligible people, including Asian Americans, can exercise their right to vote regardless of their ability to read or write English,” said Niyati Shah, Director of Litigation at Advancing Justice | AAJC. “Attacks on Americans’ rights to enforce the VRA are reprehensible. We should be working to allow more Americans to fully participate in our democracy – not limit them.”
The Supreme Court has not yet decided whether to take up the case as part of its 2025-2026 docket.