In mid-May, two Republicans on a federal appeals court declared that the Voting Rights Act of 1965 — the landmark law that a Senate report once described as “the most successful civil rights statute in the history of the Nation” — is effectively null and void.

The Voting Rights Act was one of the Black civil rights movement’s signature accomplishments, and is widely considered one of the most consequential laws in American history because it was extraordinarily successful in ending Jim Crow restrictions on voting. Just two years after it became law, for example, Black voter registration rates in the former Jim Crow stronghold of Mississippi rose from 6.7 percent to nearly 60 percent.

The two Republicans’ decision in Turtle Mountain Band of Chippewa Indians v. Howe attempts to strip private litigants of their ability to enforce the law, which bans race discrimination in elections. If the lower court’s decision in Turtle Mountain is ultimately upheld by the Supreme Court, the Justice Department could still bring suits to enforce the law, but the Justice Department is currently controlled by President Donald Trump.

As federal Judge Lavenski Smith noted in a 2023 opinion, over the past 40 years various plaintiffs have brought 182 successful lawsuits under the Voting Rights Act. Only 15 of these suits were brought solely by the DOJ. So, even if the United States still had a Justice Department committed to voting rights, the premise of the two Republicans’ decision in Turtle Mountain is that the overwhelming majority of successful Voting Rights Act suits should have ended in failure.

Turtle Mountain arises on the Court’s “shadow docket,” a mix of emergency motions and other matters that the justices decide on an expedited basis. So the Court could reveal whether it intends to nuke the Voting Rights Act within weeks.