After the Eighth Circuit Court of Appeals doubled down on their decision to strip voters in seven states of fair representation, the Native American Rights Fund (NARF) and co-counsel have now filed a motion to stay that court’s decision, in preparation to seek Supreme Court review.
The Turtle Mountain Chippewa Band, Spirit Lake Nation, and several individual Native American voters in North Dakota have been fighting for fair representation against the legislatively adopted map since 2022. This past May, the Eighth Circuit boldly declared that they no longer have the right to challenge racially discriminatory maps or laws under Section 2 of the Voting Rights Act (VRA).
Alongside co-counsel — Campaign Legal Center, the Law Offices of Bryan L. Sells, LLC and Robins Kaplan LLP — NARF intends to make clear that Americans in every state have the right to challenge discriminatory maps. The Eighth Circuit has set a dangerous precedent for Americans’ voting rights, and we will fight to reverse it.
“For decades, Tribal Nations and Native voters in North Dakota have fought for a fair chance to vote and have their voices heard. The Eighth Circuit’s decision prevents voters in seven states from suing when they are racially discriminated against in violation of the Voting Rights Act. That decision is plainly wrong, and it will have a huge impact on Native voters. We are committed to fighting this decision, including taking it to the U.S. Supreme Court.” said NARF Staff Attorney Lenny Powell.
“Voters in North Dakota, throughout the Eighth Circuit, and across the United States, deserve fair maps — maps that allow voters an equal voice in our democracy. For sixty years, voters have sued to enforce their right under Section 2 of the Voting Rights Act to voting maps free from racial discrimination. Native Americans in North Dakota vindicated their rights at trial and won a fair map, after facing a long history of discrimination,” said Mark Gaber, senior director of redistricting at Campaign Legal Center. “We will fight to make sure the Supreme Court preserves the right of all voters to sue under the Voting Rights Act to stop discriminatory maps and voting laws.”
“The fair map we secured led to a historic first – a Spirit Lake Nation member elected to the North Dakota legislature. This decision threatens that progress and weakens our voice in state government,” said Spirit Lake Nation Chairperson Lonna Jackson-Street.
“Turtle Mountain fought hard for a fair and legal map. When the state draws unlawful districts, courts must step in to protect voters — not pave the way for injustice. We will continue to fight for fair representation,” said Turtle Mountain Band of Chippewa Indians Chairman Jamie Azure.
“We went to court because the map the state passed made it harder for Native voters like me to have a real voice. The court agreed and gave us a fair chance to elect candidates. Now, the Eighth Circuit wants to take away my right to question maps that silence votes, not because we were wrong, but because they say the Voting Rights Act does not create rights. That’s not justice and we’re going to keep fighting for that,” said plaintiff and North Dakota Native Vote Board Member Wes Davis (Turtle Mountain Chippewa).
“Throughout the redistricting process, we asked to be fairly represented. When the state adopted an unfair and illegal map, we challenged it — and we won. But now, the Eighth Circuit has erased that victory on a legal technicality that goes against decades of settled law. I will continue to stand with my community and demand fair representation in our legislature,” said plaintiff Collette Brown, North Dakota Representative for District 9.
“I joined this case because I saw firsthand how the state’s map silenced Native voters in our community. It split us up in ways that made it nearly impossible to elect people who understand our lives and will stand up for our interests. The lower court agreed and fixed that. Now the Eighth Circuit has reversed that progress. The court says that we never had the right to challenge it in the first place and that no North Dakota voter has that right anymore. That’s not just disappointing — it’s dangerous. Native voices matter, and we’re not done fighting to make sure they’re heard,” said plaintiff Zachery S. King (Turtle Mountain Chippewa).
More about: Turtle Mountain Chippewa v. Howe
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