#TalkRadio – July 29: Courting Justice: The Supreme Court, State Courts, and The Fight for Racial Justice

SPEAKERS:

Damario Solomon-Simmons, Esq.: 12:03 PM – 12:15 PM ET [11:03 AM – 11:15 AM Central Time]
In addition to his law practice, Damario is a nationally sought-after speaker and social commentator on civil rights, the business of sports, and public policy issues. He is co-founder of the MVP Foundation.

Denise Leiberman, Esq.: 12:15 PM – 12:55 PM ET  [11:15 AM – 11:55 AM Central Time]
Director & General Counsel at Missouri Voter Protection Coalition; Civil rights attorney and nationally recognized voting rights expert and movement lawyer who has worked closely with non-profit and grass roots advocacy organizations in Missouri and around the country for the last 25 years

INTRODUCTION:

Hi Igniters For Change! The Igniting Change Radio Show on Tuesday, July 29th, 2025, from 12:00 PM – 1:00 PM Eastern Time, Entitled “Courting Justice: The Supreme Court, State Courts, and The Fight for Racial Justice”, will be live with Radio Show Co-Hosts and Transformative Justice Coalition (TJC) Co-Leaders Attorneys Barbara Arnwine, Esq. and Daryl Jones, Esq. from Nashville and Maryland, and will feature special guest Damario Solomon-Simmons, Esq. and Denise Leiberman, Esq.

At the beginning of the show we will pay tribute to the lives lost from the senseless killing from gun and knife violence that occurred this week across the nation. Our show will then feature a  discussion with civil rights Attorney Damario Solomon-Simmons regarding his groundbreaking litigation to force accountability among governmental entities for the Tulsa Massacre and its persisting inequalities; and, the successful litigation to recognize Black Native Americans’ rights under treaty law.  

The 2024-2025 Supreme Court term has left a wave of disappointment in its wake. The Court issued major decisions which undermined personal freedoms and Constitutional rights including those for the LGBTQIA community, especially people who are trans, and the undermining of long-established law allowing parents to now opt out of lessons if they state a “religious belief” as a reason for not wanting their child, in a public school setting, to learn about diversity, equity, and inclusion. In addition, the Court used the shadow docket, also known as the emergency docket, to allow President Trump to infringe upon congressional authority in the federal sector, including firing agency commissioners, workers, and infringing upon the operations of independent US agencies. Most disturbingly, the Court sided with the Trump Administration in limiting the power of federal district courts to issue “universal” injunctions. Fortunately, the Court did issue some favorable opinions affecting criminal justice, policing, and governmental abuse. Indeed, one of the major cases this year involved the Court’s injunction against the Trump Administration’s use of The Alien Enemies Act of 1798. 

Special guest Attorney Denise Leiberman will discuss another critical development of the Court involving its issuance of an extended stay in the Turtle Mountain Band of Chippewa Indians v. Howe. This case centers on whether private individuals can use Section 1983 to enforce Section 2 of the Voting Rights Act, which prohibits racial vote dilution. The plaintiffs—two Native American tribes and individual voters—challenged North Dakota’s 2021 redistricting plan, arguing it diluted Native voting power. A federal district court agreed and imposed a fairer map, which led to the election of three Native legislators in 2024.

However, the Eighth Circuit Court of Appeals ruled that private citizens cannot sue under Section 2, making it the only circuit to block private enforcement of this key civil rights provision. The Plaintiffs entreated the Supreme Court to issue a stay, warning that the ruling would lead to substantial and immediate irreparable harm. 

**Supreme Court Stay Details**:

On July 24, 2025, the Supreme Court granted a stay of the Eighth Circuit’s mandate. This means:

– The fairer map imposed by the district court remains in effect for now.

– The stay will last until the Court decides whether to hear the case (via a petition for certiorari).

– If the Court declines to hear it, the stay ends automatically.

– If the Court agrees to hear it, the stay remains until a final decision is issued.

Justice Brett Kavanaugh initially issued an administrative stay on July 16, and the full Court later granted the formal stay. Justices Thomas, Alito, and Gorsuch dissented, saying they would have denied the application.

Sources/More Reading:

• Howe, A. (2025, July 24). Supreme Court pauses ruling that potentially weakens the Voting Rights Act. SCOTUSblog. https://www.scotusblog.com/2025/07/supreme-court-pauses-ruling-that-potentially-weakens-the-voting-rights-act/

• Justia. (2025, May 14). Turtle Mountain Band of Chippewa Indians v. Howe, No. 23-3655 (8th Cir.). https://law.justia.com/cases/federal/appellate-courts/ca8/23-3655/23-3655-2025-05-14.html

• Democracy Docket. (2025, July 24). Supreme Court blocks 8th Circuit’s anti-VRA ruling for now. https://www.democracydocket.com/news-alerts/supreme-court-blocks-8th-circuits-anti-vra-ruling-for-now/

• Common Cause. (2025, May 14). Explainer: 8th U.S. Circuit Court of Appeals makes it harder to protect voting rights in 7 states. https://www.commoncause.org/articles/explainer-8th-u-s-circuit-court-of-appeals-makes-it-harder-to-protect-voting-rights-in-7-states/

• Brennan Center for Justice. (2025, July 16). Turtle Mountain Band of Chippewa Indians v. Howe. https://www.brennancenter.org/our-work/court-cases/turtle-mountain-band-chippewa-indians-v-howe

Our discussion will look at the overall negative consequences of the 8th Circuit’s position that there is no private right of action under Section 2 of the Voting Rights Act. Notably, yesterday the 8th Circuit expanded its doctrine by finding no private right of action under Section 208 of the Voting Rights Act in a new case, United States Court of Appeals for the Eighth Circuit. (2025, July 28). Arkansas United v. John Thurston, No. 22-2918. Justia. https://law.justia.com/cases/federal/appellate-courts/ca8/22-2918/22-2918-2025-07-28.html 

QUESTIONS:

[At the beginning of the show, Barbara and Daryl will pay tribute to the lives lost from the senseless killing from gun and knife violence that occurred this week across the nation.] 

SEGMENT WITH Attorney Solomon-Simmons (11:03 AM – 11:15 AM Central Time)

• Attorney Solomon-Simmons, please tell our audience how many years you have fought for justice for the Tulsa Massacre and the Greenwood Community.
• Most recently, there was a new development by its new mayor. Can you tell our audience what has happened?
• There is an unknown history regarding Black Native Americans and their fight for full official recognition and equal treatment under U.S. treaties by various First Nations, including the Cherokee. Please tell our audience about your recent victory last week.
• Thank you so much for joining us today. How do our listeners get in contact with you?

SEGMENT WITH Attorney Denise Leiberman (11:15 AM – 11:55 AM Central Time)

• Attorney Denise, Daryl and I just finished a panel for the National Bar Association on the 2024-2025 Supreme Court term. Can you summarize for our audience in one word how you would describe the Supreme Court’s decision making in the last term.
• {Why did you choose that word?)
• We are on the verge of the 60th Anniversary of the Voting Rights Act, which TJC will be commemorating with a national TeleTown Hall at 7:00 PM Eastern Time on the Anniversary of August 6th. The Supreme Court issued a very important stay in Turtle Mountain Band of Chippewa Indians v. Howe. Why is this case so important for all voters in our nation?
• What has been the impact of the 8th Circuit’s denial of the private right of action under the Voting Rights Act’s Section 2?
• And Now they have expanded that jurisdiction to Section 208- what does that mean?
• What can our listeners do to educate themselves and others about this very dangerous doctrine of no private right of action?
• Denise, most voting rights advocates are extremely cautious and worried about the Supreme Court’s direction on voting rights, including its bizarre rescheduling of the Louisiana v. Callais (Supreme Court of the United States. (2025, June 27). Louisiana v. Callais, No. 24-109. https://www.oyez.org/cases/2025/24-109 ). What are your hopes for this upcoming term?
• How can our audience get involved if cert is sought and granted by the Supreme Court for the 2025-2026 term? 
• You have observed that the July 17th John Lewis “Good Trouble Lives On” Protests in your anchor city of St. Louis and across the country served in many ways as an antidote to the anti-democracy attacks on our voting rights. Tell our audience more.
• Thank you so much for joining us today. How do our listeners get in contact with you?

[ Arnwine will remind listeners:

• Tomorrow’s, Wednesday, July 30th, from 5:00 to 7:00 PM CST for an engaging Protect Our Vote fundraiser, presented by The Transformative Justice Coalition in Chicago. 

• August 6th, 7:00 PM Eastern Time, TJC National Teletown Hall commemorating the 60th Anniversary of the Voting Rights Act of 1965.

• when you make those daily calls to the Congress at 202-224-3121 to vote NO and protest the SAVE Act

• to stay in those streets! 

• TJC will continue to vigorously defend the rights of all Americans and will fight the implementation of Project 2025 and our future shows will continue to cover any hate crimes and how we effectively protect ourselves while advancing our agenda for justice.]

[Daryl, Barbara, and guests may share their favorite books and encourage people to donate towards TJC’s giveaways of banned and affirming books.]