Appeals Court Declines Rehearing in North Dakota Voting Rights Case

A federal appeals court has denied a request to reconsider a ruling that dismissed a voting rights lawsuit brought by two Native American tribes in North Dakota. The decision leaves in place a significant legal hurdle for plaintiffs seeking to challenge the state’s legislative redistricting map.

Background of the Litigation

The legal challenge, which began in 2022, involved the Turtle Mountain Band of Chippewa and the Spirit Lake Nation. The tribes, alongside three individual Indigenous North Dakotans, argued that the state’s 2021 legislative redistricting plan unlawfully diluted the voting power of Native American citizens, a practice they contended violated the federal Voting Rights Act.

In 2023, U.S. District Court Judge Peter Welte ruled in favor of the plaintiffs, finding that the map did indeed violate the law and ordering the state to implement a revised proposal. However, the state appealed the decision.

The Appellate Court’s Ruling

In May 2025, a three-judge panel of the 8th Circuit Court of Appeals reversed the district court’s decision. The panel concluded that the plaintiffs lacked the legal standing to bring the case, determining that private parties are not authorized to file lawsuits alleging racial discrimination under Section 2 of the Voting Rights Act.

Following this reversal, the plaintiffs requested an en banc rehearing, which would have brought the case before all 11 judges on the 8th Circuit. The request highlighted that the panel’s interpretation of the law differed from how other federal appellate circuits have approached the issue. Despite support for the rehearing from a coalition of 19 state attorneys general, advocacy groups, and former Department of Justice attorneys, the court denied the request.

Impact and Future Outlook

The Native American Rights Fund, which represents the plaintiffs, has characterized the outcome as a significant loss for Native American voters within the state. The decision maintains the current status of the legislative map, which critics argue diminishes the influence of Indigenous communities in North Dakota’s political processes.

While the 8th Circuit has declined to reconsider the case, the plaintiffs retain the option to file a petition for a writ of certiorari, asking the U.S. Supreme Court to review the appellate court’s ruling. As of now, the legal path forward remains uncertain as the tribes weigh their next steps in the ongoing effort to address their claims of voting discrimination.

Key Takeaways

• Legal Standing: The 8th Circuit Court of Appeals ruled that private parties cannot sue under Section 2 of the Voting Rights Act, a decision that led to the dismissal of the tribes’ case.
• Tribal Plaintiffs: The Turtle Mountain Band of Chippewa and the Spirit Lake Nation were the primary parties challenging the state’s 2021 redistricting map.
• Potential Appeal: Plaintiffs may seek further relief by petitioning the U.S. Supreme Court to review the appellate court’s final determination.

Frequently Asked Questions

What is the core of the disagreement regarding the Voting Rights Act?

The disagreement centers on whether private individuals or groups have the legal standing to sue under Section 2 of the Voting Rights Act to challenge racially discriminatory voting practices, or if that authority is limited to other entities.

How does this affect North Dakota’s legislative districts?

Because the court reversed the lower court’s order to adopt a new map, the 2021 redistricting plan currently remains in effect.