Federal court rules for Arkansas House redistricting case to go forward; AG, NAACP react
LITTLE ROCK, Ark. – A three-judge panel has denied a request from the Arkansas attorney general to dismiss a case opposing redistricting boundaries.
The Christian Ministerial Alliance, “and all other similarly situated persons,” in the filing’s language, brought the suit against then Secretary of State John Thurston in May of 2023. At issue was the 2021 redistricting of the state’s congressional districts.
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A significant part of the complaint was that in the 2021 redistricting, Pulaski County went from being all in one district and was instead distributed among three districts. The plaintiffs argued that by fragmenting a black community, the redistricting was racial discrimination.
Rep. French Hill represents the second district. In the 2020 election, just prior to the redistricting, Hill maintained his incumbency, defeating Democrat Joyce Elliot with 55.4% of the vote. In the 2022 post-redistricting election, he defeated Democrat Quintessa Hathaway and Libertarian Michael White with 60% of the vote.
Attorney General Tim Griffin had filed a request with the court on Aug. 8 that it dismiss the case by the Alliance “with prejudice,” meaning it could not be refiled.
In a unanimous decision, a three-judge panel denied the AG’s request and directed both sides to “propose a joint discovery plan” by Jan. 5, 2024. In the same order, the court stated an explanation of its decision would be filed “in due course.”
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Griffin responded to the panel’s ruling by stating the case was “legally infirm.”
“I’m disappointed by the district court’s ruling and look forward to reviewing the court’s forthcoming order explaining that ruling,” Griffin said. “But make no mistake, this procedural ruling does not change the fact that—just like the previous, identical lawsuit—Plaintiffs’ case is legally infirm and will fail.”
NAACP Legal Defense Fund attorney Michael Skocpol, who, with others, is representing the Ministerial Alliance, was pleased with the decision.
“The facts alleged in our complaint show that the legislature discriminated against Black voters in Pulaski county by singling them out their community for harmful treatment not experienced by voters anywhere else in the state,” Skocpol said. “We argue that the legislature departed from its own stated principles and violated the Constitution by impermissibly gerrymandering districts on the basis of race and cracking the heart of the Black community in Pulaski County into three different Congressional districts to dilute Black voting power.”
Skocpol said the plaintiffs were looking forward to the case advancing.
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The Tuesday decision may have surprised some in light of a Nov. 20 ruling from the U.S. Court of Appeals for the Eighth Circuit, upholding a lower court’s 2022 decision that held that the Voting Rights Act of 1965 does not permit private lawsuits about districting, meaning that suit about voting districts had no standing before the court.
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