Two Native American tribes from North Dakota, along with three tribal citizens, are escalating their fight for voting rights, preparing to ask the U.S. Supreme Court to review a contentious decision by the 8th Circuit Court of Appeals. This legal battle centers on allegations that North Dakota's 2021 redistricting map diluted Native voters' power, violating the Voting Rights Act.
The tribes involved are the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation, represented by individuals Wesley Davis, Zachery King, and Collette Brown. Their lawsuit challenges the state's redistricting plan, which they say undermines the political influence of Native voters in violation of Section 2 of the Voting Rights Act, a federal law that prohibits voting practices discriminating based on race.
Back in 2023, U.S. District Court Judge Peter Welte sided with the plaintiffs, ordering North Dakota to adopt a new, fairer map. However, this victory was short-lived. In May 2025, a panel of three judges from the 8th Circuit Court of Appeals reversed Welte's ruling in a 2-1 decision. The appellate court indicated that the case should be dismissed, effectively reinstating the original 2021 map that the tribes had challenged.
The 8th Circuit's ruling is particularly notable because it stands alone among appellate circuits in holding that private individuals lack standing to sue under Section 2 of the Voting Rights Act. Instead, the court contends that enforcement of Section 2 is the exclusive responsibility of the U.S. Attorney General. This position was reaffirmed in a separate 2023 case within the same circuit, deepening a legal divide with other regions of the country.
In an attempt to circumvent this barrier, the plaintiffs tried to bring their claims under Section 1983 of Title 42 of the United States Code, a civil rights statute that sometimes allows individuals to enforce federal rights. Yet, the three-judge panel ruled that this alternative route was not viable in their case.
Following the panel's decision, the plaintiffs requested that the full 8th Circuit rehear the case, but this petition was denied during the week of July 7, 2025. Undeterred, the tribes and their co-counsel, including the Campaign Legal Center—a nonpartisan legal organization based in Washington, D.C.—are now preparing to petition the U.S. Supreme Court to take up the case.
In a brief filed on July 9, 2025, the plaintiffs asked the 8th Circuit to allow Judge Welte's redistricting map to remain in effect while the Supreme Court considers whether to intervene. However, the 8th Circuit denied this request on July 10, 2025, signaling a firm stance against delaying the implementation of the original 2021 map.
Lenny Powell, an attorney with the Native American Rights Fund representing the plaintiffs, condemned the 8th Circuit's decision in a statement released on July 8, 2025. "That decision is plainly wrong, and it will have a huge impact on Native voters," Powell said, emphasizing the stakes of the ruling for Native American communities.
Mark Gaber, senior director of redistricting at the Campaign Legal Center, also weighed in, highlighting the broader implications of the case. "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," Gaber said. "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. 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 stakes of this legal dispute extend beyond North Dakota. The 8th Circuit covers several states—including North Dakota, South Dakota, Minnesota, Iowa, Missouri, Nebraska, and Arkansas—and its unique stance on private lawsuits under the Voting Rights Act creates a circuit split with other federal appellate courts. This division increases the likelihood that the Supreme Court will agree to hear the case to resolve conflicting interpretations of the law.
The plaintiffs argue there is a reasonable probability that at least four of the nine Supreme Court justices will want to review the case, given its importance for voting rights nationwide. Historically, the Supreme Court has permitted private individuals to bring discrimination claims under Section 2 of the Voting Rights Act, which the plaintiffs say the 8th Circuit's ruling contradicts.
Meanwhile, North Dakota officials maintain that the 2021 redistricting map is not discriminatory and that the tribes lack standing to sue. Secretary of State Michael Howe is the named defendant in the case. The state's position reflects a broader resistance to the claims, underscoring the tension between efforts to ensure fair representation for Native voters and the legal hurdles posed by recent court decisions.
As the legal battle unfolds, Native American communities and voting rights advocates remain vigilant. The outcome could have profound effects on how voting rights cases are pursued and enforced, particularly in states with significant Native populations.
For now, the original 2021 redistricting map stands, but the fight is far from over. The tribes and their legal teams are gearing up for a high-stakes appeal to the nation's highest court, hoping to secure a ruling that reaffirms the right of private citizens to challenge discriminatory voting practices and protects the political voice of Native Americans in North Dakota and beyond.
