CASE SUMMARY

On December 29, 2021, the Arkansas State Conference of the NAACP and another Arkansas non-profit filed a federal lawsuit against the State of Arkansas, the Arkansas Board of Apportionment, and the state's Governor, Secretary of State, and Attorney General, challenging the Board's adopted state House redistricting plan as violating the federal Voting Rights Act. Specifically, plaintiffs allege that the adopted plan cracks and packs Black voters in several different regions throughout the state resulting in the dilution of Black voting strength in violation of Section 2 of the Voting Rights Act. They are seeking a judicial declaration that the Board's state House plan violates Section 2 of the VRA and an injunction barring the state from holding future elections using the Board's adopted plan or any other plan that fails to comply with Section 2.

On February 17, 2022 the district court issued an order stating that after reviewing the Voting Rights Act and relevant caselaw, the court concluded that no private cause of action to enforce Section 2 of the Voting Rights Act existed and therefore the court lacked subject matter jurisdiction over the lawsuit. Rather than dismiss the lawsuit, however, the court explained it would hold the judgment of dismissal for five calendar days to allow the U.S. Attorney General time to decide whether to join the case as a plaintiff and allow the litigation to proceed. On February 22, the United States filed a notice informing the court it would not be joining the case, and the court dismissed the action the same day. The plaintiffs appealed this decision to the U.S. Court of Appeals for the Eighth Circuit the following day. Oral arguments before the Eighth Circuit are scheduled for January 11, 2023.

CASE LIBRARY

U.S. District Court for the Eastern District of Arkansas, Central Division - No. 4:21-cv-1239

• Complaint - 12/29/21
• Plaintiffs' Motion for a Preliminary Injunction and Request for Expedited Briefing and Consideration - 12/29/21
• Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction - 12/29/21
• Plaintiffs' Motion for Recusal - 12/31/21
• Plaintiffs' Brief in Support of Their Motion for Recusal - 12/31/21
• Motion for Extension of Time - 12/31/21
• Plaintiffs' Response in Opposition to the Defendants' Motion for an Extension - 1/3/22
• Defendants' Response in Opposition to the Plaintiffs' Motion for Recusal - 1/4/22
• Plaintiffs' Motion for Leave to File a Reply in Support of Their Motion for Recusal - 1/5/22
• Plaintiffs' Reply in Support of Their Motion for Recusal - 1/5/22
• Order Denying Motion for Recusal - 1/5/22
• Order - 1/10/22
• Defendants' Agreed Motion to Extend Responsive Pleading Deadline - 1/12/22
• Plaintiffs' Motion for Judicial Notice of Census Data - 1/19/22
• Response in Opposition to Motion for Preliminary Injunction - 1/19/22
• Order - 1/20/22
• Declaration of Bill Kopsky on Behalf of The Arkansas Public Policy Panel - 1/20/22
• Declaration of Barry Jefferson on Behalf of The Arkansas State Conference NAACP - 1/20/22
• Motion to Quash Constitutional-Officer Subpoenas and for Expedited Consideration - 1/21/21
• Brief in Support of Motion to Quash Constitutional-Officer Subpoenas and for Expedited Consideration - 1/21/22
• Memorandum of Law in Opposition to Defendants' Motion to Quash Constitutional-Officer Subpoenas - 1/24/22
• Reply in Support of Motion to Quash Constitutional-Officer Subpoenas - 1/25/22
• Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction - 1/26/22
• Statement of Interest of the United States - 1/28/22
• Response to Motion for Order Taking Judicial Notice of Census Data - 1/29/22
• Order Granting Motion to Quash - 1/31/22
• Defendants' Surreply in Opposition to Plaintiffs' Motion for a Preliminary Injunction - 1/31/22
• Supplemental Declaration of Josh Bridges - 1/31/22
• Motion to Quash Eleventh-Hour Subpoenas and for Expedited Consideration - 2/1/22
• Brief in Support of Motion to Quash Eleventh-Hour Subpoenas - 2/1/22
• Joint Stipulations - 2/2/22
• Plaintiffs' Witness List - 2/8/22
• Plaintiffs' Exhibit List - 2/8/22
• Defendants' Witness List - 2/8/22
• Defendants' Exhibit List - 2/8/22
• Court's Exhibit List - 2/8/22
• Order - 2/17/22
• Notice by the United States - 2/22/22
• Judgment - 2/22/22
• Notice of Appeal - 2/23/22

U.S. Court of Appeals for the Eighth Circuit - No. 22-1395

• Appeal Briefing Scheduling Order - 2/24/22
• Designation of Record - 3/10/22
• Plaintiffs-Appellants' Statement of Issues - 3/10/22
• Brief of Plaintiffs-Appellants - 4/18/22
• Plaintiffs-Appellants' Addendum - 4/18/22
• Brief of the United States as Amicus Curiae in Support of Plaintiffs-Appellants and Urging Reversal - 4/22/22
• Brief of Amici Curiae Former Department of Justice Attorneys in Support of Plaintiffs-Appellants - 4/25/22
• Brief of Amicus Curiae Lawyers' Committee for Civil Rights Under Law in Support of Plaintiffs-Appellants and Urging Reversal - 4/26/22
• Brief of Bipartisan Group of Supporters of the 1982 Voting Rights Act Amendments as Amici Curiae in Support of Plaintiffs and Reversal - 4/26/22
• Defendants-Appellees' Brief - 6/9/22
• Amicus Brief of Honest Elections Project in Support of Appellees & Affirmance - 6/15/22
• Plaintiffs-Appellants' Unopposed Motion for Extension of Time to File Reply Brief - 6/15/22
• Order - 6/15/22
• Amicus Brief of Senator Tom Cotton in Support of Appellees and Affirmance - 6/16/22
• Amicus Brief for the States of Texas, Alabama, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, and Utah in Support of Defendants-Appellees and Affirmance - 6/17/22
• Reply Brief of Plaintiffs-Appellants - 7/15/22
• Defendants' Letter Response to the Plaintiffs' Letter - 10/10/22
• Motion for the United States as Amicus Curiae to Participate in Oral Argument - 11/16/22
• Unopposed Motion for Continuance of Oral Argument - 12/8/22
• Order - 12/9/22
• Appellants' Submission of Supplemental Authority - 4/24/23