Supreme Court Grants Stay in Landmark North Dakota Voting Rights Case

In a highly significant development concerning the fundamental right to vote, the U.S. Supreme Court has granted a critical stay in a closely monitored legal challenge involving Native American voters in North Dakota. This decision represents a major victory for the Turtle Mountain Band of Chippewa Indians, the Spirit Lake Nation, and individual Native voters who initially succeeded in challenging the state’s 2021 redistricting plan, only to face a subsequent ruling by the Eighth Circuit Court of Appeals that found they lacked the standing to sue.

Securing Representation and VRA Protections

With this recent ruling, the Supreme Court ensures the maintenance of a fair legislative map, which is essential for guaranteeing that Native communities in North Dakota retain meaningful political representation. Beyond the immediate impact in North Dakota, the decision also preserves, at least temporarily, the right of private citizens across the seven states covered by the Eighth Circuit to challenge racially discriminatory voting laws under Section 2 of the Voting Rights Act (VRA).

Since February 2022, a dedicated coalition of legal organizations, including the Campaign Legal Center, the Native American Rights Fund (NARF), the Law Offices of Bryan L. Sells, LLC, and Robins Kaplan LLP, has contested North Dakota’s redistricting plan, arguing that it unlawfully diluted Native voting power. The Eighth Circuit’s sweeping ruling in May 2025 threatened to dismantle one of the VRA's most critical protections by asserting that private citizens possess no right to enforce Section 2—a finding that sharply broke with decades of established precedent. Had that ruling been allowed to take effect, millions of voters across the affected seven states would have risked losing a vital legal instrument for combating voter suppression.

To solidify this temporary win, the legal team representing the Native voters has announced plans to file a petition for certiorari, formally requesting that the Supreme Court accept the case for review during its next term.

Leaders Affirm the Ongoing Fight for Equity

The Supreme Court’s decision was warmly welcomed by state and Tribal leaders. Representative Collette Brown of North Dakota House District 9 stated that the Court "has rightfully halted the Eighth Circuit’s decision." She emphasized that the case transcends mere boundary lines, focusing instead on whether communities possess "an equal chance to elect leaders who represent us," asserting that the ruling helps protect their voice as the fight for fair representation continues.

Jamie Azure, chairman of the Turtle Mountain Band of Chippewa Indians, expressed relief, noting, “We are relieved that Native voters in North Dakota retain the ability to protect ourselves from discrimination at the polls.” He affirmed that the struggle for the rights of their citizens will proceed, maintaining that the map enacted by the North Dakota legislature unlawfully dilutes the votes of Native voters and "cannot be allowed to stand." Similarly, Lenny Powell, a Staff Attorney with the Native American Rights Fund, highlighted the historical context: “For decades, tribes and Native Americans in North Dakota have fought for the rights of reservation voters." He characterized the day as "another victory in that fight," noting that the Supreme Court has paused a decision that would have stripped Native voters—and all voters—of their ability to enforce their rights under Section 2 of the Voting Rights Act.