Supreme Court Blocks Ruling That Could Undermine Voting Rights Act in North Dakota
The U.S. Supreme Court on Thursday blocked a lower court ruling in a high-stakes redistricting case from North Dakota, preserving a key provision of the landmark Voting Rights Act—at least for now. The unsigned order signals that the justices are likely to review a federal appeals court decision that, if upheld, would eliminate the primary legal path used by individuals and civil rights groups to challenge discriminatory election maps under Section 2 of the Act.
A final decision in the case could come as soon as next summer, with arguments potentially heard in 2026. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas dissented, stating they would have let the lower court ruling stand.
The North Dakota case stems from a lawsuit filed by the Spirit Lake Tribe and the Turtle Mountain Band of Chippewa Indians. The tribes argue that the state’s 2021 legislative redistricting map dilutes the voting power of Native American communities, violating Section 2 of the Voting Rights Act.
In 2023, a federal judge sided with the tribes, leading to the implementation of a new map that enabled the election of three Native American legislators—all Democrats—in a Republican-dominated legislature. However, in May 2024, a divided three-judge panel from the 8th U.S. Circuit Court of Appeals overturned that decision, ruling that only the U.S. Justice Department—not private citizens or groups—can bring Section 2 lawsuits.
This ruling directly contradicts decades of precedent from other appellate courts, which have consistently upheld the right of private parties to sue under Section 2. According to UCLA law professor Richard Hasen, over 90% of Section 2 cases have been brought by private plaintiffs.
The Supreme Court often intervenes when lower courts issue conflicting decisions on the same legal issue. The 8th Circuit, which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota, had already issued a similar ruling in an Arkansas case in 2023.
In a statement, Jamie Azure, Chairman of the Turtle Mountain Band of Chippewa Indians, expressed relief over the Supreme Court’s temporary block:
“We are relieved that Native voters in North Dakota retain the ability to protect ourselves from discrimination at the polls. Our fight for the rights of our citizens continues. The map enacted by the North Dakota legislature unlawfully dilutes the votes of Native voters, and it cannot be allowed to stand.”
North Dakota Secretary of State Michael Howe, named in the lawsuit, said his office “will continue to follow election laws set by the North Dakota legislature or as directed by any final decisions by the courts.”
Meanwhile, in response to the Arkansas ruling, several states including Minnesota have begun introducing state-level legislation to reinforce voting rights protections.
