US Appeals Court Rules Against North Dakota Tribes in Voting Rights Act Lawsuit
In a 2–1 decision, the St. Louis-based Eighth U.S. Circuit Court of Appeals ruled that private plaintiffs cannot use
The decision was in response to a
The ruling further weakens voters' power in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, according to the Campaign Legal Center, which represented the tribes in the legal challenge.
'This decision severely undermines the Voting Rights Act and is contrary to both the intent of Congress in enacting the law and to decades of Supreme Court precedent affirming voters' power to enforce the law in court,' Mark Gaber, senior director for redistricting at the center, said in a
'If left intact, this radical decision will hobble the most important anti-discrimination voting law by leaving its enforcement to government attorneys whose ranks are currently being depleted. Campaign Legal Center will continue to fight to uphold the VRA and ensure fair maps.'
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5/14/2025
5/14/2025
Gaber did not state whether the center would pursue further appeals, but the plaintiffs could ask the full Eighth Circuit to rehear the case or take it to the Supreme Court.
The vast majority of Voting Rights Act cases are filed by private parties.
The latest ruling comes after the same appellate court restricted the ability of voters to file lawsuits challenging voting maps when it ruled in 2023 that only the Department of Justice—and not private plaintiffs—can pursue cases enforcing Section 2 of the Voting Rights Act.
That
Federal Judge Sides With Tribes in Redistricting Lawsuit
Civil rights advocates last year opted against appealing the 2023 ruling to the Supreme Court,
That avenue was
A federal judge in North Dakota relied on the same federal civil rights law in 2023 when he sided with the Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe, and voters in holding that the state's 2021 redistricting plan unlawfully diluted the Native American tribes' voting power.
However, Circuit Judge Raymond Gruender, writing for the majority in Wednesday's decision, said Congress did not speak with a 'clear voice' that 'manifests an unambiguous intent to confer individual rights' in Voting Rights Act's Section 2 that could be enforced through Section 1983.
Gruender, in finding that the plaintiffs do not have a cause of action, added that the district court erred in its 2021 decision.
He vacated the district court's judgment and dismissed the tribes' lawsuit.
In a lone dissenting opinion, Chief Circuit Judge Steven Colloton wrote that the majority was wrong, pointing to the lengthy history of more than 400 lawsuits that have resulted in judicial decisions brought under the Voting Rights Act's Section 2 since 1982.
He noted that Section 1983 says individuals may sue if they are subjected to 'the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.'
'The reference to 'and laws' encompasses any law of the United States,' Colloton wrote.
The Epoch Times contacted the North Dakota Secretary of State's Office for comment but did not receive a response by publication time.
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The Hill
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That means they have their work cut out for them, Pitney and South said — namely in terms of fundraising. South said that there 'is no question that the Democratic donor base has basically been sitting on their haunches waiting to see what Harris is going to do.' But, he said, he hasn't seen any sign yet that donors have picked a favorite candidate now that she's out, either — which is a problem for candidates with little or no name recognition. 'None of these candidates in the remaining field with Harris out have enough money in the bank to run a statewide campaign for governor,' he said. South said that could change if Kounalakis gets another major infusion of cash from her father and once again taps her personal wealth. At the same time, there could also be a 'huge blowback' from that sort of splashy family spending, South said, especially if Kounalakis' opponents pounced on it as distasteful. 'We have not tended in this state to elect moneyed people who try to buy the governor's race,' he said. South said he is watching to see if big Bay Area donors decide to back Porter 'because of her profile as a progressive.' Los Angeles developer and 2022 mayoral candidate Rick Caruso 'could be a force' if he were to enter the race, Pitney said, because 'he has prominence in Southern California and also has a lot of money.' The most recent fundraising reports, which were due Thursday night, shine a light on candidates' coffers — but only through the end of June, well before Harris dropped out. The Democrats who do not have the potential to self-fund their campaigns reported having millions of dollars in cash on hand as of June 30, including some who transferred money from prior campaign committees to their gubernatorial accounts. Former legislative leader Toni Atkins reported having $4.3 million in the campaign, while raising $648,000 and spending $549,000 in the first six months of this year. Villaraigosa raised $1.1 million and spent $550,000 this year, but reported $3.3 million cash on hand based on fundraising he did last year. Becerra had $2.1 million in the bank after raising $2.5 million and spending $449,000 in the first six months of the year. Porter reported raising $2.5 million and spending $449,000 since launching her campaign in March. She said she has $2.1 million in the bank. Unlike the other candidates, Porter's campaign revealed her fundraising because her filing on the state disclosure website didn't show any dollar figures. Spokesman Nathan Click said her number of small-dollar donors crashed the state's system, and that they had been working with state officials to get the documents displayed on the secretary of state's website all day Friday. He said most of Porter's 34,000 donors contributed less than $200 each. Riverside County Sheriff Chad Bianco reported raising $1.6 million and spending $609,000 this year, leaving him with $1 million in the bank. A few candidates reported mediocre fundraising numbers, but have personal wealth they can draw on. Kounalakis raised just over $100,000 and spent nearly three times as much during the first half of this year. She has more than $4.6 million on hand and millions more in her lieutenant governor campaign account, although some of that money can't be transferred because of campaign finance rules. Businessman Stephen J. Cloobeck, a Los Angeles Democrat, raised about $160,000 and spent $1.5 million — including more than $1 million on consultants. He had about $729,000 on hand at the end of the period. He also said he made a $10-million contribution Friday that he said 'turbocharged' his campaign. 'One of my many advantages is that I'm not a politician and I am not compromised,' Cloobeck said. Former Fox News host Steve Hilton, a Republican candidate, raised about $1.5 million, of which $200,000 was a personal loan. Hilton spent about $1 million and has a little less than $800,000 in the bank. At the lowest end of the fundraising were former state controller Betty Yee, who raised almost $238,000 and spent $255,000, with $637,000 on hand; and state schools superintendent Tony Thurmond, who raised about $70,000, spent about $180,000 and had almost $560,000 on hand. Both Yee and Thurmond told The Times last month that fundraising had slowed while Democratic donors waited on Harris to make a decision.
