Justice Kavanaugh Pauses Tribal Voting-Rights Case in North Dakota

Supreme Court Justice Brett Kavanaugh has granted a temporary stay blocking the implementation of a federal appeals court ruling that barred private individuals from suing under Section 2 of the Voting Rights Act, which prohibits racial discrimination in voting. This stay came in response to an emergency appeal by the Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe, and affiliated voters who challenged North Dakota's 2021 redistricting plan for diluting Native American voting power. While a federal trial court found the map discriminatory, the Eighth Circuit Court reversed, ruling that only the Department of Justice can bring Section 2 claims, effectively weakening enforcement of the law in seven Midwestern states. The tribes argue this decision undermines decades of civil rights protections, leaving voters in these states with fewer rights against racial discrimination at the ballot box. Over 400 claims have been brought under Section 2 by private plaintiffs since 1982, making the Eighth Circuit an outlier in denying this enforcement avenue. Kavanaugh's stay preserves the current map and voting protections while the Supreme Court considers whether to hear the case.