ND Redistricting Update

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.

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.