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Legal groups are weighing an appeal after a court ruling this week that left voters in several states, including North Dakota, at a disadvantage in making use of the Voting Rights Act.

At issue is their ability to sue based on racial discrimination. A three-judge panel with the 8th Circuit Court of Appeals struck down a pathway under Section Two of the landmark law for voters to bring lawsuits if they feel local and state election policies have violated their civil rights. The decision stems from a recent redistricting victory for a pair of Native American Tribes in North Dakota.

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Mark Gaber, senior director of redistricting for the Campaign Legal Center, said he was shocked by the latest outcome.

"The Eighth Circuit Court of Appeals has done what no court in the country has ever done, and there's been 400-plus Voting Rights Act cases filed for decades," Gaber pointed out.

The decision affirmed a ruling from the full 8th Circuit, which said language in this section of the law does not specifically mention private individuals. One judge filed a dissenting opinion. The 8th Circuit covers seven states, and civil rights groups said if the outcome stands, voters in those states would have to lobby the Justice Department to bring a case forward.

Gaber noted the problem with asking the Justice Department is, the agency is not equipped to move quickly on such requests.

"They simply don't have the resources," Gaber pointed out. "The individual voters who are familiar with what is happening in their localities and on the ground are frankly, in many cases, better suited to bring these cases."

The Justice Department is also part of budget-cutting moves by the Trump administration. Meanwhile, the Native American Rights Fund said this week's ruling sets a dangerous precedent for minority voters who do not want to be silenced.