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Yahoo
17-07-2025
- Politics
- Yahoo
Court denies rehearing voting rights case; group calls decision ‘loss for Native American voters'
Legislators attending a Redistricting Committee meeting Dec. 13, 2023, look at maps of different proposals. (Kyle Martin/For the North Dakota Monitor) An appeals court will not reconsider its decision finding that the Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal citizens lack standing to bring a voting discrimination case against the state of North Dakota, a ruling that could impact the makeup of the state Legislature. The Native American Rights Fund, one of the legal groups representing the plaintiffs in the case, in a statement called the decision 'a loss for Native American voters in North Dakota.' The plaintiffs could still file a petition asking the U.S. Supreme Court to review the case. In the lawsuit, filed in 2022, two North Dakota tribes and three Indigenous North Dakotans argued that a redistricting plan adopted by the state in 2021 diluted the power of Native voters, thereby violating the Voting Rights Act. North Dakota U.S. District Court Judge Peter Welte in 2023 sided with the plaintiffs and ordered the state to adopt a different map. In a 2-1 decision in May, a panel of three judges on the 8th Circuit Court of Appeals reversed that finding on the basis that private parties cannot bring lawsuits alleging racial discrimination under the Voting Rights Act. The plaintiffs requested that the case go before all 11 judges on the 8th Circuit for a rehearing, noting that the panel's decision is at odds with how other federal appellate circuits have interpreted the law. A total of 19 state attorneys general, a handful of advocacy groups and former Department of Justice attorneys filed briefs in support of an en banc hearing. North Dakota opposed the rehearing request. While they didn't file anything on the en banc petition, 15 other Republican-led states had previously submitted briefs to the 8th Circuit in support of North Dakota's position. North Dakota tribes ask circuit judges for rehearing of voting rights case The 8th Circuit includes North Dakota, South Dakota, Minnesota, Iowa, Missouri, Nebraska and Arkansas. It's the only circuit to rule that private individuals cannot bring lawsuits under Section 2 of the Voting Rights Act, which outlaws racially discriminatory voting practices. The court in a 2023 ruling in a separate case declared that it is the role of the U.S. attorney general to enforce compliance with Section 2. In the North Dakota lawsuit, the plaintiffs had attempted to use a separate civil rights law as a vehicle to file their Voting Rights Act claim. That law, Section 1983 of Title 42 of the United States Code, says people may sue for 'the deprivation of any rights, privileges, or immunities' granted by the Constitution and federal law. They noted in briefs that for decades, the bulk of lawsuits enforcing Section 2 have been brought by private individuals. The plaintiffs reasoned that even if the court found that they can't bring a lawsuit directly under Section 2 of the Voting Rights Act, they still have a right to file their lawsuit through Section 1983. The 8th Circuit panel in its May ruling said this was not a viable path either. 'The fair map we secured led to a historic first – a Spirit Lake Nation member elected to the North Dakota legislature,' Spirit Lake Nation Chairperson Lonna Jackson-Street previously said in a statement about the ruling. 'This decision threatens that progress and weakens our voice in state government.' Last week, the full 8th Circuit decided 7-3 not to give the case another look. The three judges who wanted an en banc hearing were Chief Judge Steven Colloton, former Chief Judge Lavenski Smith and Judge Jane Kelly. One judge didn't participate in the decision. In 2024, after Welte's ruling, three Native American lawmakers were elected to the state Legislature from District 9, drawn to include two reservations: Sen. Richard Marcellais and Rep. Jayme Davis — both citizens of the Turtle Mountain Band of Chippewa — and Rep. Collette Brown, a citizen of the Spirit Lake Nation and plaintiff in the lawsuit. All three are Democrats. Brown is a freshman lawmaker. Marcellais had previously served 15 years in the statehouse until he lost his bid for reelection in 2022, after district lines were redrawn in 2021. Davis was first elected in 2022, then reelected last year. The 8th Circuit did not weigh in on the underlying question of whether North Dakota's original 2021 map is discriminatory; it only found that the plaintiffs do not have the right to file the suit in the first place. The May opinion indicated the appellate court would send the case back to Welte and direct him to dismiss the lawsuit. The state is still waiting to see what, if anything, will happen next in the case. The plaintiffs have about a three-month window to ask the U.S. Supreme Court to review the lawsuit if they choose. They have not announced whether they intend to go that route. If the 8th Circuit's decision takes effect, North Dakota would revert back to the 2021 map. Three state lawmakers would represent different districts in that scenario. Brown, D-Warwick, would go from representing District 9 to District 15. Rep. Donna Henderson, R-Calvin, would switch from District 15 to District 9B, while Sen. Kent Weston, R-Sarles, would switch from District 15 to District 9. The state would have to decide whether the ruling disqualifies those lawmakers from finishing out their terms, according to a June memo from Legislative Council. Traditionally, when redistricting has shifted state lawmakers into different legislative districts, they have been allowed to serve until the next election cycle, the memo states. However, under the state constitution, state lawmakers are forbidden to live outside the district they represent. All three lawmakers who would change districts are up for reelection in 2026. This story was updated to correct the states in the 8th Circuit. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE Solve the daily Crossword
Yahoo
17-07-2025
- Politics
- Yahoo
North Dakota tribes want US Supreme Court to hear voting rights case
A sign in Devils Lake, North Dakota, marks the road leading to the Spirit Lake Reservation. (Jeff Beach/North Dakota Monitor) Two North Dakota Native tribes and a group of tribal citizens plan to ask the U.S. Supreme Court to review a court decision that found they don't have standing to sue the state of North Dakota for alleged voter discrimination. The 8th Circuit Court of Appeals in the ruling concluded that private voters have no way of challenging unfair voting practices under Section 2 of the Voting Rights Act, which outlaws voter discrimination based on race. 'That decision is plainly wrong, and it will have a huge impact on Native voters,' Lenny Powell, a Native American Rights Fund attorney representing the plaintiffs, said in a Tuesday statement. The ruling came in a case involving the Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal members, who took North Dakota to court over a 2021 redistricting map the tribes say illegally diluted the power of Native voters. Court denies rehearing voting rights case; group calls decision 'loss for Native American voters' North Dakota U.S. District Court Judge Peter Welte in 2023 sided with the plaintiffs and ordered the state to adopt a different map. A panel of three 8th Circuit Court of Appeals judges in May voted 2-1 to reverse that finding. The panel indicated it would send the case back to Welte and direct him to dismiss the lawsuit. If allowed to go into effect, this decision would reinstate the original 2021 map. The plaintiffs asked the full 8th Circuit to rehear the case, though the court denied that request last week. Now the plaintiffs are gearing up to petition the U.S. Supreme Court to review the case. In a brief filed Wednesday, the plaintiffs asked the 8th Circuit to allow Welte's map to stay in place until the high court decides whether it will weigh in. The court on Thursday denied the request. The 8th Circuit is the only appellate circuit to find that private individuals cannot bring lawsuits under Section 2 of the Voting Rights Act. The court in a 2023 decision in a separate case found that it's the sole responsibility of the U.S. attorney general to enforce compliance with Section 2. The 8th Circuit's findings in the North Dakota case reaffirmed this position. The plaintiffs had attempted to use a separate civil rights statute, Section 1983 of Title 42 of the United States Code, as an alternative means of bringing their voting rights claim, but the three-judge panel ruled this was not possible. Tribes, state argue redistricting case to federal appeals court While it's very rare for the U.S. Supreme Court to agree to hear a case, the plaintiffs in their most recent brief argued that the high court may be interested in the lawsuit because of the importance of voting rights and to resolve the different positions the 8th Circuit and other circuits have taken on the issue. Because of the circuit split, the plaintiffs think there is a 'reasonable probability' that at least four of the nine justices on the Supreme Court will want to review the case. The plaintiffs are hopeful the Supreme Court will ultimately reverse the 8th Circuit's decision. The Supreme Court has always allowed private individuals to file discrimination claims under Section 2 of the Voting Rights Act, they argue in the brief. North Dakota maintains that the 2021 map is not discriminatory and that the tribes lack standing to sue. The 8th Circuit includes North Dakota, South Dakota, Minnesota, Iowa, Missouri, Nebraska and Arkansas. This story was updated to correct the states in the 8th Circuit and to update the status of a motion. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Solve the daily Crossword
Yahoo
17-07-2025
- Politics
- Yahoo
North Dakota tribes ask Supreme Court to keep legislative districts intact amid lawsuit
Legislators attending a Redistricting Committee meeting Dec. 13, 2023, look at maps of different proposals. (Kyle Martin/For the North Dakota Monitor) Two North Dakota tribes and a group of tribal citizens have asked the U.S. Supreme Court to keep North Dakota's district map in place while it considers whether to review a voting discrimination lawsuit against the state. The Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal members filed suit against North Dakota over a 2021 redistricting map they say diluted the power of Indigenous voters in violation of the federal Voting Rights Act. North Dakota U.S. District Court Judge Peter Welte in 2023 concluded the map is discriminatory and ordered the state to adopt different district lines, but the 8th Circuit reversed his decision in May. The appellate court's ruling found that private citizens have no means of filing lawsuits under the Voting Rights Act to challenge racially discriminatory voting practices. The 8th Circuit indicated it would send the case back to Welte and direct him to dismiss the lawsuit. The plaintiffs are getting ready to ask the Supreme Court to review the lawsuit. On Tuesday, they requested that the court allow Welte's map to stay in place until a final decision in the case is reached. The plaintiffs said in court filings they could suffer lasting harm if the 2021 map is allowed to go back into effect. North Dakota tribes want US Supreme Court to hear voting rights case The May decision, in tandem with other recent rulings by the court, has made the 8th Circuit the only circuit in the country where private citizens and organizations cannot bring lawsuits under Section 2 of the Voting Rights Act, which outlaws voting practices that discriminate based on race. The 8th Circuit has determined that it's the role of the U.S. attorney general to enforce Section 2. The plaintiffs dispute the 8th Circuit's findings and say that Congress always intended for private citizens to be able to bring legal challenges under the provision. The appellate court has removed an important tool Native Americans use to protect their voting rights, the plaintiffs wrote in a Tuesday filing with the U.S. Supreme Court. 'North Dakota — like many states — has a long and sad history of official discrimination against Native Americans that persists to this day,' the plaintiffs stated. 'Tribal Nations and individual Native American voters have successfully fought for decades to vindicate their voting rights under Section 2.' Over the past several decades, most lawsuits filed under Section 2 of the Voting Rights Act have been brought by private groups and not the U.S. Department of Justice, they noted. The results of the 2024 election also indicate that Welte's map made an important difference to Indigenous voters in District 9, they added. In 2024, after Welte's ruling, three Native American lawmakers were elected to the state Legislature from District 9, drawn to include two reservations: Sen. Richard Marcellais and Rep. Jayme Davis — both citizens of the Turtle Mountain Band of Chippewa — and Rep. Collette Brown, a citizen of the Spirit Lake Nation and plaintiff in the lawsuit. All three are Democrats. 'The fair map we secured led to a historic first — a Spirit Lake Nation member elected to the North Dakota legislature,' Spirit Lake Nation Chairperson Lonna Jackson-Street previously said in a statement about the 8th Circuit's ruling. Three North Dakota lawmakers would no longer live in the districts they represent if the 2021 map goes back into place, including Brown. Court denies rehearing voting rights case; group calls decision 'loss for Native American voters' Attorneys for the North Dakota Legislature have said it's not clear whether those lawmakers would be able to serve out the remainder of their terms or if they would be subject to removal from office. That means Brown could lose her seat if the 8th Circuit's judgment goes into effect, the plaintiffs wrote in their filing with the U.S. Supreme Court. The map imposed by Welte remains in effect for now, though the 8th Circuit is expected to issue its mandate lifting a hold on the 2021 map this week, notwithstanding any intervention by the U.S. Supreme Court, said Mark Gaber, a Campaign Legal Center attorney representing the plaintiffs. The Supreme Court on Tuesday asked the state to file its response to the plaintiffs' motion by July 22. North Dakota has maintained that the 2021 map is not discriminatory and that it agrees with the 8th Circuit's finding that the tribes lack standing to sue. Last week, the plaintiffs asked for a similar stay from the 8th Circuit, though the court declined. It's very rare for the U.S. Supreme Court to agree to take a case, though the plaintiffs are hopeful the justices will hear the lawsuit to resolve the split between the circuits. 'This is the country's most important civil rights statute, so I think the odds are high that they'll take it,' Gaber said Tuesday. The plaintiffs' deadline to officially petition the high court to review the lawsuit is in October, he added. The 8th Circuit includes North Dakota, South Dakota, Minnesota, Iowa, Missouri, Nebraska and Arkansas. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Solve the daily Crossword
Yahoo
17-07-2025
- Politics
- Yahoo
North Dakota legislative district map to remain in place for now, Supreme Court decides
A sign in Devils Lake, North Dakota, marks the road leading to the Spirit Lake Reservation. (Jeff Beach/North Dakota Monitor) The U.S. Supreme Court on Wednesday put a temporary freeze on North Dakota's legislative district map, keeping it in place pending next steps in a tribal voting rights case against the state. The move came just a day before the 8th Circuit Court of Appeals was expected to issue a mandate officially reversing a North Dakota federal judge's decision and ordering the lawsuit to be dismissed. That would have resulted in North Dakota reverting back to a previous district map that two tribal nations and a group of tribal citizens took the state to court to change. The Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal members filed the lawsuit in 2022, alleging that North Dakota's 2021 redistricting map was discriminatory and diluted the power of Indigenous voters. North Dakota tribes ask Supreme Court to keep legislative districts intact amid lawsuit North Dakota U.S. District Court Judge Peter Welte in 2023 sided with the plaintiffs and ordered the state to adopt a different map, but the 8th Circuit reversed his decision in May. The appellate court ruled that private citizens cannot file lawsuits under Section 2 of the federal Voting Rights Act, which outlaws racially discriminatory voting practices. The plaintiffs are getting ready to petition the Supreme Court to review the lawsuit. On Tuesday, they filed a motion asking the court to allow Welte's map to stay in place while the case plays out. The U.S. Supreme Court agreed to an initial, more limited element of that request on Wednesday. Under the high court's administrative stay, the map will remain unchanged for now. The justices will later decide whether it's necessary to put a longer-term hold on the district map until a final decision in the case is reached. The high court on Tuesday asked the state to file its response to the plaintiffs' motion by July 22. North Dakota has maintained that the 2021 map is not discriminatory and that it agrees with the 8th Circuit's finding that the tribes lack standing to sue. The plaintiffs' deadline to file their official petition asking the Supreme Court to take the case is in October. In a Tuesday filing, the plaintiffs argued the 8th Circuit's decision severely damaged voting rights in the circuit's seven states. The 8th Circuit is the only one to hold that private plaintiffs cannot file voting discrimination claims under Section 2 of the Voting Rights Act. The plaintiffs also said that allowing North Dakota's 2021 map to go back into effect would harm Native American voters as well as potentially unseat three lawmakers. Welte's map, adopted in 2024, changed District 9 to include two reservations. In the 2024 election, three Native American candidates from that district were elected to the state Legislature: Sen. Richard Marcellais and Rep. Jayme Davis — both citizens of the Turtle Mountain Band of Chippewa — and Rep. Collette Brown, a citizen of the Spirit Lake Nation and plaintiff in the lawsuit. All three are Democrats. If the 2021 map is reinstated, three lawmakers would change districts, including Brown. Attorneys for the North Dakota Legislature have said the lawmakers could be subject to removal from office, since the state constitution requires lawmakers to live in the districts they represent. The 8th Circuit includes North Dakota, South Dakota, Minnesota, Iowa, Missouri, Nebraska and Arkansas. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Solve the daily Crossword
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.
