Appeals court denies rehearing in North Dakota redistricting case

The 8th U.S. Circuit Court of Appeals declined to rehear a case brought by the Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal citizens challenging North Dakota’s 2021 redistricting plan, according to reporting by the North Dakota Monitor. In a 7-3 decision, the court rejected a request for an en banc hearing. Chief Judge Steven Colloton, former Chief Judge Lavenski Smith and Judge Jane Kelly were in support of the hearing.

The Native American Rights Fund called the decision “a loss for Native American voters in North Dakota.” The case stems from a 2022 lawsuit alleging the redistricting plan diluted Native voting power in violation of the Voting Rights Act. U.S. District Judge Peter Welte initially ruled in favor of the plaintiffs, but the 8th Circuit reversed the decision. The plaintiffs may still file a petition for the U.S. Supreme Court to review the case.