Appeals court rules against North Dakota tribes in voting rights case that could go to Supreme Court
NORTH DAKOTA, JUL 9 – The 8th Circuit ruled 2 Native American tribes cannot sue under the Voting Rights Act for alleged vote dilution, creating a circuit split likely to reach the U.S. Supreme Court.
- On Thursday, July 3, the federal appellate court declined to revisit its earlier ruling in the case challenging North Dakota's 2021 legislative redistricting map brought by two Native American tribes.
- The tribes claimed the 2021 map weakened their ability to elect preferred candidates in violation of the Voting Rights Act, but a 2-1 appellate decision in May determined that only federal government authorities, rather than individual citizens, have the standing to bring such cases.
- The case involved a November 2023 lower court ruling in favor of the tribes and a subsequent redistricting order, but the appeals court reversed that decision and restored the 2021 map’s validity.
- Lenny Powell of the Native American Rights Fund criticized the decision not to revisit the case, stating it unfairly prevents voters affected by the gerrymandered map from challenging it, while the Campaign Legal Center argued that the ruling goes against both congressional intent and longstanding Supreme Court rulings supporting voters' right to enforce the law in court.
- The tribes are considering legal options including possible appeal to the U.S. Supreme Court amid a circuit split and broader concerns over restrictive Voting Rights Act interpretations.
63 Articles
63 Articles
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Appeals court won’t rehear North Dakota Native American redistricting lawsuit
FARGO — Native American tribes who argued voters were disenfranchised by North Dakota may have to take their case to the U.S. Supreme Court. The Eighth Circuit Court of Appeals decided Thursday, July 3, that it wouldn’t rehear arguments from attorneys representing the Turtle Mountain Band of Chippewa, Spirit Lake Nation and several Native American voters who sued North Dakota. The next option for the tribes and voters, if they want to continue, …
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