North Dakota Tribes Appeal 8th Circuit Voting Rights Ruling

The Turtle Mountain Band of Chippewa and Spirit Lake Nation have appealed to the full 8th Circuit Court of Appeals to review a recent 2-1 panel ruling that found they lack standing to challenge North Dakota's 2021 redistricting plan under Section 2 of the Voting Rights Act (VRA). The panel overturned a prior federal district court decision, which had found the map diluted Native American voting power by splitting reservations, and ruled that private individuals cannot bring lawsuits under Section 2 via Section 1983, effectively limiting enforcement to the U.S. Department of Justice. This ruling threatens to revert the state to the 2021 map, which had been corrected to allow the election of three Native American legislators in 2024, including the first from Spirit Lake Nation. The tribes argue that this interpretation contradicts Supreme Court precedent and undermines voting rights by removing a key legal tool for combating racial discrimination in voting, especially as the Justice Department's Civil Rights Division diminishes. They have filed an en banc petition urging the full appellate court to reconsider, emphasizing that Section 2 is fundamental to fighting racial discrimination in elections and should remain enforceable by private citizens. The case highlights ongoing struggles over fair representation and voting rights protections for Native American voters in North Dakota and across seven Midwestern states within the 8th Circuit.