On March 7, 2022, an Arkansas State Representative and several Arkansas voters filed a federal lawsuit against the State of Arkansas, its Governor, and its Secretary of State challenging the state’s enacted congressional plan as violating the U.S. and Arkansas Constitutions. Their claims included intentional racial and political discrimination in violation of the 1st Amendment, vote dilution in violation of the 14th and 15th Amendments, Section 2 of the Voting Rights Act, and the Arkansas Constitution’s Equal Protection provision, and impermissible population deviations in violation of the one person, one vote requirement. They sought a judicial declaration that the plan was unconstitutional, an injunction barring the plan from being used, and for the court to adopt a new plan if the State failed to do so.

  • On October 24, 2022, the district court dismissed the plaintiffs’ 1st Amendment, one person, one vote, and one of their 14th Amendment claims for failing to state a valid claim. The plaintiffs filed an amended complaint on December 2, 2022.
  • On May 25, 2023, the district court dismissed the plaintiffs’ remaining claims after finding they failed to plausibly allege that race was the predominant factor driving the creation of the enacted plan. The plaintiffs filed their notice of appeal to the U.S. Supreme Court on June 12, 2023.


U.S. District Court for the Eastern District of Arkansas, Central Division - No. 4:22-cv-213

Supreme Court of the United States - 23-138