Today, the Spirit Lake Nation, the Turtle Mountain Band of Chippewa Indians, and several individual Native voters filed a petition for certiorari with the Supreme Court, formally asking the Court to review our case in its upcoming term.
Represented by Native American Rights Fund (NARF), Campaign Legal Center (CLC), the Law Office of Bryan L. Sells, LLC, and Robins Kaplan LLP, the plaintiffs have been fighting since 2022 for fair representation for Native American voters and against attacks on the Voting Rights Act.
“The current North Dakota voting map gives my community a chance to elect who we want to represent us — just like other communities across the state. It is fairer than the map the state originally put into place, and nobody is saying it’s not. Instead, the Eighth Circuit is saying that Native voters and Tribal Nations don’t even have the right to fight for a fair map. The idea that we don’t have the right to advocate for ourselves and for fair voting is undemocratic and goes against the principles that our country was founded on.”
— Turtle Mountain Band of Chippewa Indians Chairman Jamie Azure
“For years, Native voters in North Dakota have been fighting for adequate representation. It affects our day-to-day lives, our communities, and our well-being when we can’t elect a candidate to represent our interests. We deserve representation just like other communities around the state. It is shameful that, when we succeeded in court and got a fair map in place, the state turned its attack against the Voting Rights Act and a person’s right to vote free from discrimination. We need the Supreme Court to protect our fundamental right to vote and be heard.”
— Spirit Lake Nation Chairperson Lonna Jackson-Street.
“It is unacceptable that we must go all the way to the United States Supreme Court just to defend our right to a fair map. Politicians should not be able to manipulate district lines to decide which voters get a voice. The court promised fairness, yet the State of North Dakota is choosing to waste time and taxpayer dollars fighting against the simple principle of equal representation.”
–Representative Collette Brown, District 9, North Dakota House of Representatives.
Following the plaintiffs’ trial court victory, the U.S. Court of Appeals for the Eighth Circuit issued a shocking anti-democratic decision in May, blocking any plaintiffs from suing states for violating Section 2 of the Voting Rights Act. This stunning ruling would kneecap the main federal protection against racial discrimination in voting.
This would prevent affected voters from being able to bring suits on their own behalf and leave the Department of Justice as the only entity capable of suing to enforce Section 2. In July, the Supreme Court granted a stay of the Eighth Circuit’s ruling, which puts that decision on hold and ensures that the fair map Plaintiffs won at trial remains in effect.
The Tribal Nations and Native American voters who filed this lawsuit ask the Supreme Court to uphold fair maps for the North Dakota state legislature and to reject efforts to undermine the VRA. Allowing a discriminatory map to be re-instituted would rob Native voters of their ability to elect a candidate of their choice to the state legislature.
“Section 2 of the Voting Rights Act provides a right to vote free from racial discrimination. But the U.S. Court of Appeals for the Eighth Circuit held that voters cannot sue to enforce that right. The decision is counter to the spirit of democracy and equal access to the vote, and it goes against decades of practice and case law from throughout the country. We expect the Supreme Court to reverse this anti-democratic, outlier decision,” said NARF Staff Attorney Lenny Powell.
“The protections of the Voting Rights Act should extend to all Americans” said Mark Gaber, senior director for redistricting at Campaign Legal Center, “If the Eighth Circuit’s ruling is allowed to stand, American voters will lose the right to defend themselves against racially discriminatory maps and voting laws. Private individuals and organizations must be allowed to continue bringing lawsuits to enforce Section 2 of the VRA because every voter must be able to make their voice heard and have their vote count.”
The Supreme Court should uphold fair maps, abide by precedent, and confirm voters’ power to enforce their voting rights in court.
Learn more about this case: https://narf.org/cases/north-dakota-redistricting-map/
More about: Turtle Mountain Chippewa v. Howe
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