As readers of this blog know, the Eighth Circuit recently ruled that there is no implied cause of action under Section 2 of the Voting Rights Act and that Section 1983 cannot provide a jurisdictional hook. In plain English, this means that private plaintiffs cannot bring suit and that over ninety percent of Section 2 cases were improperly heard. A cert petition in Turtle Mountain Band of Chippewa Indians v. Howe was filed earlier this year that tees up these two questions, and the Supreme Court has now re-scheduled it not just once, but twice . This development is very worrisome.

This case should be an easy grant. There is a clear and acknowledged circuit split. The issue is obviously important, and it was flagged by Justice Gorsuch in his Brnovich concurrence. The Eighth Ci

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