Appeals court overturns voting rights win for North Dakota tribes

The 8th U.S. Circuit Court of Appeals ruled Wednesday that the Turtle Mountain Band of Chippewa and Spirit Lake Nation lack standing to sue North Dakota over a legislative redistricting plan they argued diluted Native voting power, according to the North Dakota Monitor. The 8th Circuit Court of Appeals reversed a 2023 decision by U.S. District Judge Peter Welte that had ordered the state to adopt a new map.

The appellate panel found that voters cannot use Section 1983 to challenge racial discrimination under the Voting Rights Act, affirming its earlier position that only the U.S. attorney general may file such claims. The ruling sends the case back to district court with instructions to dismiss. According to Secretary of State Michael Howe, the state will now proceed with using the 2021 redistricting plan for the 2026 election cycle, pending further legal action.