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Boston Globe
5 days ago
- Politics
- Boston Globe
Supreme Court blocks North Dakota redistricting ruling that would gut key part of Voting Rights Act
Three conservative justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, would have rejected the appeal. The court also has a separate redistricting case over a second majority Black congressional district in Louisiana. The justices heard arguments in March, but took the rare step of calling for a new round of arguments in their term that begins in October. They have yet to spell out what issues they want discussed. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up In the North Dakota case, the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, with reservations 60 miles apart, argued that the state's 2021 legislative map violated the act by diluting their voting strength and ability to elect their own candidates. Advertisement The case went to trial in 2023, and a federal judge later ordered the use of a map of the area, including the reservations that led to the election last year of three Native Americans, all Democrats, to the Republican-supermajority Legislature. But in a 2-1 ruling issued in May, a three-judge panel of the 8th U.S. Circuit Court of Appeals ruled that only the Justice Department can bring such lawsuits under the law's Section 2. Advertisement The 8th Circuit also had ruled in an Arkansas case in 2023 that private individuals can't sue under the same provision. More than 90 percent of Section 2 cases have been brought through private enforcement, UCLA law professor Richard Hasen wrote on the Election Law blog. The 8th Circuit rulings conflict with decades of decisions by appellate courts that have affirmed the rights of private individuals to sue under Section 2. The Supreme Court often will step in when appeals courts around the country come to different decisions on the same legal issue. In a statement, Turtle Mountain Band of Chippewa Indians Chairman Jamie Azure said, 'We are relieved that Native voters in North Dakota retain the ability to protect ourselves from discrimination at the polls. Our fight for the rights of our citizens continues. The map enacted by the North Dakota legislature unlawfully dilutes the votes of Native voters, and it cannot be allowed to stand.' North Dakota Secretary of State Michael Howe, a Republican, who is named in the lawsuit, said his office 'will continue to follow election laws set by the North Dakota legislature or as directed by any final decisions by the courts.' The 8th Circuit covers seven states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. In the wake of the Arkansas decision, Minnesota and other states moved to shore up voting rights with state-level protections. Dura reported from Bismarck, North Dakota.
Politico
5 days ago
- Politics
- Politico
Supreme Court blocks North Dakota redistricting ruling that would gut key part of Voting Rights Act
Three conservative justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, would have rejected the appeal. The court also has a separate redistricting case over a second majority Black congressional district in Louisiana. The justices heard arguments in March, but took the rare step of calling for a new round of arguments in their term that begins in October. They have yet to spell out what issues they want discussed. In the North Dakota case, the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, with reservations 60 miles apart, argued that the state's 2021 legislative map violated the act by diluting their voting strength and ability to elect their own candidates. The case went to trial in 2023, and a federal judge later ordered the use of a map of the area, including the reservations that led to the election last year of three Native Americans, all Democrats, to the Republican-supermajority Legislature. But in a 2-1 ruling issued in May, a three-judge panel of the 8th U.S. Circuit Court of Appeals ruled that only the Justice Department can bring such lawsuits under the law's Section 2. The 8th Circuit also had ruled in an Arkansas case in 2023 that private individuals can't sue under the same provision. More than 90 percent of Section 2 cases have been brought through private enforcement, UCLA law professor Richard Hasen wrote on the Election Law blog. The 8th Circuit rulings conflict with decades of decisions by appellate courts that have affirmed the rights of private individuals to sue under Section 2.
The Independent
5 days ago
- Politics
- The Independent
Supreme Court blocks North Dakota redistricting ruling that would gut key part of Voting Rights Act
The Supreme Court on Thursday blocked a lower-court ruling in a redistricting dispute in North Dakota that would gut a landmark federal civil rights law for millions of people. The justices indicated in an unsigned order that they are likely to take up a federal appeals court ruling that would eliminate the most common path people and civil rights groups use to sue under a key provision of the 60-year-old Voting Rights Act. The case could be argued as early as 2026 and decided by next summer. Three conservative justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, would have rejected the appeal. The court also has a separate redistricting case over a second majority Black congressional district in Louisiana. The justices heard arguments in March, but took the rare step of calling for a new round of arguments in their term that begins in October. They have yet to spell out what issues they want discussed. In the North Dakota case, the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, with reservations 60 miles apart, argued that the state's 2021 legislative map violated the act by diluting their voting strength and ability to elect their own candidates. The case went to trial in 2023, and a federal judge later ordered the use of a map of the area, including the reservations that led to the election last year of three Native Americans, all Democrats, to the Republican-supermajority Legislature. But in a 2-1 ruling issued in May, a three-judge panel of the 8th U.S. Circuit Court of Appeals ruled that only the Justice Department can bring such lawsuits under the law's Section 2. The 8th Circuit also had ruled in an Arkansas case in 2023 that private individuals can't sue under the same provision. More than 90 percent of Section 2 cases have been brought through private enforcement, UCLA law professor Richard Hasen wrote on the Election Law blog. The 8th Circuit rulings conflict with decades of decisions by appellate courts that have affirmed the rights of private individuals to sue under Section 2. The Supreme Court often will step in when appeals courts around the country come to different decisions on the same legal issue. The 8th Circuit covers seven states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. In the wake of the Arkansas decision, Minnesota and other states moved to shore up voting rights with state-level protections. ___
CBS News
07-07-2025
- Politics
- CBS News
Appeals court rules against North Dakota tribes in voting rights case that could go to Supreme Court
A federal appeals court won't reconsider its decision in a redistricting case that went against two Native American tribes that challenged North Dakota's legislative redistricting map, and the dispute could be headed for the U.S. Supreme Court. The case has drawn national interest because of a 2-1 ruling issued in May by a three-judge panel of the 8th U.S. Circuit Court of Appeals that erased a path through the federal Voting Rights Act for people in seven states to sue under a key provision of the landmark federal civil rights law. The tribes argued that the 2021 map violated the act by diluting their voting strength and ability to elect their own candidates. The panel said only the U.S. Department of Justice can bring such lawsuits. That followed a 2023 ruling out of Arkansas in the same circuit that also said private individuals can't sue under Section 2 of the law. Those rulings conflict with decades of rulings by appellate courts in other federal circuits that have affirmed the rights of private individuals to sue under Section 2, creating a split that the Supreme Court may be asked to resolve. However, several of the high court's conservative justices recently have indicated interest in making it harder, if not impossible, to bring redistricting lawsuits under the Voting Rights Act. After the May decision, the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians asked the appeals court for a rehearing before all 11 judges. Attorneys general of 19 states, numerous former U.S. Justice Department attorneys, several voting rights historians and others also asked for a rehearing. But in a ruling Thursday, the full court denied the request, which was filed by the Native American Rights Fund and other groups representing the tribes. Three judges said they would have granted it, including Circuit Chief Judge Steven Colloton, who had dissented in the previous ruling. The majority opinion in May said that for the tribes to sue under the Voting Rights Act, the law would have had to "unambiguously" give private persons or groups the right to do so. Lenny Powell, a staff attorney for the fund, said in a statement that the refusal to reconsider "wrongly restricts voters disenfranchised by a gerrymandered redistricting map" from challenging that map. Powell said Monday that the tribes are now considering their legal options. Another group representing the tribes, the Campaign Legal Center, said the ruling 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." The office of North Dakota Secretary of State Michael Howe did not immediately respond to a request for comment Monday. The groups said they will continue to fight to ensure fair maps. The North Dakota and Arkansas rulings apply only in the states of the 8th Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. In the wake of the Arkansas decision, Minnesota and other states have moved to shore up voting rights with state-level protections to plug the growing gaps in the federal law. The North Dakota tribes filed their lawsuit in 2022. The three-judge panel heard appeal arguments last October after Republican Secretary of State Michael Howe appealed a lower court's November 2023 decision in favor of the tribes. In that ruling, U.S. District Judge Peter Welte ordered creation of a new district that encompassed both tribes' reservations, which are about 60 miles (97 kilometers) apart. In 2024, voters elected members from both tribes, all Democrats, to the district's Senate seat and two House seats. Republicans hold supermajority control of North Dakota's Legislature.
Yahoo
07-07-2025
- Politics
- Yahoo
Appeals court rules against North Dakota tribes in voting rights case that could go to Supreme Court
BISMARCK, N.D. (AP) — A federal appeals court won't reconsider its decision in a redistricting case that went against two Native American tribes that challenged North Dakota's legislative redistricting map, and the dispute could be headed for the U.S. Supreme Court. The case has drawn national interest because of a 2-1 ruling issued in May by a three-judge panel of the 8th U.S. Circuit Court of Appeals that erased a path through the federal Voting Rights Act for people in seven states to sue under a key provision of the landmark federal civil rights law. The tribes argued that the 2021 map violated the act by diluting their voting strength and ability to elect their own candidates. The panel said only the U.S. Department of Justice can bring such lawsuits. That followed a 2023 ruling out of Arkansas in the same circuit that also said private individuals can't sue under Section 2 of the law. Those rulings conflict with decades of rulings by appellate courts in other federal circuits that have affirmed the rights of private individuals to sue under Section 2, creating a split that the Supreme Court may be asked to resolve. However, several of the high court's conservative justices recently have indicated interest in making it harder, if not impossible, to bring redistricting lawsuits under the Voting Rights Act. After the May decision, the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians asked the appeals court for a rehearing before all 11 judges. Attorneys general of 19 states, numerous former U.S. Justice Department attorneys, several voting rights historians and others also asked for a rehearing. But in a ruling Thursday, the full court denied the request, which was filed by the Native American Rights Fund and other groups representing the tribes. Three judges said they would have granted it, including Circuit Chief Judge Steven Colloton, who had dissented in the previous ruling. The majority opinion in May said that for the tribes to sue under the Voting Rights Act, the law would have had to 'unambiguously' give private persons or groups the right to do so. Lenny Powell, a staff attorney for the fund, said in a statement that the refusal to reconsider 'wrongly restricts voters disenfranchised by a gerrymandered redistricting map" from challenging that map. Powell said Monday that the tribes are now considering their legal options. Another group representing the tribes, the Campaign Legal Center, said the ruling 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.' The office of North Dakota Secretary of State Michael Howe did not immediately respond to a request for comment Monday. The groups said they will continue to fight to ensure fair maps. The North Dakota and Arkansas rulings apply only in the states of the 8th Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. In the wake of the Arkansas decision, Minnesota and other states have moved to shore up voting rights with state-level protections to plug the growing gaps in the federal law. The North Dakota tribes filed their lawsuit in 2022. The three-judge panel heard appeal arguments last October after Republican Secretary of State Michael Howe appealed a lower court's November 2023 decision in favor of the tribes. In that ruling, U.S. District Judge Peter Welte ordered creation of a new district that encompassed both tribes' reservations, which are about 60 miles (97 kilometers) apart. In 2024, voters elected members from both tribes, all Democrats, to the district's Senate seat and two House seats. Republicans hold supermajority control of North Dakota's Legislature. ___ Karnowski reported from Minneapolis.
