North Dakota ruling erases path to sue under Voting Rights Act

Jack DuraAssociated Press
BISMARCK, N.D. — A federal appeals court that already has said private individuals and groups cannot sue under a key part of the federal Voting Rights Act went even further Wednesday toward blocking lawsuits over alleged racial bias in voting in seven Midwest states.
But its decisions may not be the last word, because another appeals court has ruled differently, and the U.S. Supreme Court might have to resolve the conflict. The latest ruling reversed a legal victory for two tribal nations in North Dakota that challenged a legislative redistricting plan.
The ruling shuts off a route to Section 2 of the Voting Rights Act through a federal civil rights law known as Section 1983, which allows people to sue state officials to vindicate their federal or constitutional rights, said Jonathan Topaz, staff attorney for the American Civil Liberties Union Voting Rights Project. Section 1983 provides a legal vehicle to bring a lawsuit, he said.
Private individuals in past decades brought lawsuits under Section 2, but a 2023 8th Circuit ruling in an Arkansas redistricting case held that Section 2 doesn't allow for private claims. That ruling and Wednesday's ruling only apply to the 8th U.S. Circuit Court of Appeals, which encompasses Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
'These decisions together at the moment mean that no one can sue under the Voting Rights Act in the seven states that comprise the 8th Circuit, other than the U.S. Attorney General,' said Mark Gaber, senior director for redistricting at Campaign Legal Center and an attorney for the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians.
The majority opinion Wednesday said that in order to use Section 1983 to file lawsuits over voting rights, including how redistricting affects them, a private person or group must 'unambiguously' have the right to sue under Section 2 of the Voting Rights Act.
Appeals Judge Raymond Gruender, appointed by George W. Bush and writing for the majority, said that while the tribes 'are within the general zone of interest' of the Voting Rights Act, it is 'without the statute having unambiguously conferred an individual right.'
In a dissent, Circuit Chief Judge Steven Colloton, another Bush appointee, said Section 2 of the Voting Rights Act does confer a right to sue and he would have upheld the tribes' legal victory on redistricting.
Wednesday's decision and the Arkansas ruling "create circuit splits' on the Section 2 and Section 1983 issues because the 8th Circuit is the only court to rule in such a way in both instances, Gaber said. The tribes and their attorneys are discussing and considering appeal options, he said.
The 2-1 ruling is a reversal for the two tribes, who had successfully challenged North Dakota's 2021 redistricting map, alleging it dilutes their voting strength.
The tribes wanted to share a single legislative district, electing a state senator and two House members, making it more likely that all three would be Native American. The 2021 plan split them into different districts. The court-ordered plan gave the tribes what they wanted.
Spirit Lake, Turtle Mountain and several tribal citizens alleged that the 2021 map drew the lines so that while Turtle Mountain members still could elect a House member, the Spirit Lake members could not.
In late 2023, U.S. District Court Chief Judge Peter Welte ruled after a trial, saying the Legislature's map 'prevents Native American voters from having an equal opportunity to elect candidates of their choice" in violation of the Voting Rights Act's Section 2.
In early 2024, the judge ordered a new map into place with a joint district for the two tribes. Their reservations near the Canadian border and in northeastern North Dakota, respectively, are about 60 miles (97 kilometers) apart. Later that year, voters elected three Native Americans, all Democrats, to the district's seats.
Republican Senate Majority Leader David Hogue said the 2021 boundaries the Legislature drew 'will be the boundaries." Somehow officials will have to address the seats of incumbents affected by the boundaries at question, potentially by special election, he said.
'I think the Legislature was very comfortable with the fairness of the boundaries that they drew in 2021, and I think we should endeavor to uphold those boundaries,' Hogue said.
In a statement, Secretary of State Michael Howe's office said it will now work with the 2021 map in place for the 2026 elections, 'pending any further actions.'
Republicans control North Dakota's Legislature by 83-11 in the House and 42-5 in the Senate. The state's biennial legislative session concluded earlier this month.

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

3 hours ago

What to know about the Supreme Court ruling 10 years ago that legalized same-sex marriage in the US

COLUMBUS, Ohio -- A landmark U.S. Supreme Court ruling 10 years ago this month, on June 26, 2015, legalized same-sex marriage across the U.S. The Obergefell v. Hodges decision followed years of national wrangling over the issue, during which some states moved to protect domestic partnerships or civil unions for same-sex partners and others declared marriage could exist only between one man and one woman. In plaintiff James Obergefell's home state of Ohio, voters had overwhelmingly approved such an amendment in 2004 — effectively mirroring the federal Defense of Marriage Act, which denied federal recognition of same-sex couples. That laid the political groundwork for the legal challenge that bears his name. Here's what you need to know about the lawsuit, the people involved and the 2015 ruling's immediate and longer term effects: Obergefell and John Arthur, who brought the initial legal action, were long-time partners living in Cincinnati. They had been together for nearly two decades when Arthur was diagnosed with ALS, or amyotrophic lateral sclerosis, in 2011. Obergefell became Arthur's caregiver as the incurable condition ravaged his health over time. When in 2013 the Supreme Court struck down the federal Defense of Marriage Act, which had denied federal recognition of same-sex marriages, the pair acted quickly to get married. Their union was not allowed in Ohio, so they boarded a plane to Maryland and, because of Arthur's fragile health, married on the tarmac. It was when they learned their union would not be listed on Arthur's death certificate that the legal battle began. They went to court seeking recognition of their marriage on the document and their request was granted by a court. Ohio appealed and the case began its way up the ladder to the nation's high court. A Democrat, Obergefell made an unsuccessful run for the Ohio House in 2022. Rick Hodges, a Republican, was director of the Ohio Department of Health from August 2014 to 2017. The department handles death certificates in the state. Before being appointed by then-Gov. John Kasich, Hodges served five years in the Ohio House. Acquainted through the court case, he and Obergefell have become friends. The lawsuit eventually titled Obergefell v. Hodges argued that marriage is guaranteed under the U.S. Constitution's Fourteenth Amendment, specifically the due process and equal protection clauses. The litigation consolidated several lawsuits brought by same-sex couples in Ohio, Kentucky, Michigan and Tennessee who had been denied marriage licenses or recognition for their out-of-state marriages and whose cases had resulted in conflicting opinions in federal circuit courts. In a 5-4 decision, the Supreme Court ruled the right to marry is fundamental, calling it 'inherent in the liberty of the person,' and therefore protected by the Constitution. The ruling effectively nullified state-level bans on same-sex marriages, as well as laws declining to recognize same-sex marriages performed in other jurisdictions. The custody, property, tax, insurance and business implications of of the decision have also had sweeping impacts on other areas of law. Same-sex marriages surged in the immediate wake of the Obergefell decision, as dating couples and those already living as domestic partners flocked to courthouses and those houses of worship that welcomed them to legalize their unions. Over the ensuing decade, the number of married same-sex couples has more than doubled to an estimated 823,000, according to June data compiled by the Williams Institute at the University of California Los Angeles School of Law. Not all Americans supported the change. Standing as a national symbol of opponents was Kim Davis, a then-clerk in Rowan County, Kentucky, who refused to issue marriage licenses on religious grounds. She was briefly jailed, touching off weeks of protests as gay marriage foes around the country praised her defiance. Davis, a Republican, lost her bid for reelection in 2018. She was ordered to pay thousands in attorney fees incurred by a couple unable to get a license from her office. She has appealed in July 2024 in a challenge that seeks to overturn Obergefell. As he reflects of the decision's 10th anniversary, Obergefell has worried aloud about the state of LGBTQ+ rights in the country and the possibility that a case could reach the Supreme Court that might overturn the decision bearing his name. Eight states have introduced resolutions this year urging a reversal and the Southern Baptist Convention voted overwhelmingly at its meeting in Dallas earlier this month in favor of banning gay marriage and seeing the Obergefell decision overturned. Meanwhile, more than a dozen states have moved to strengthen legal protections for same-sex married couples in case Obergefell is ever overturned. In 2025, about 7 in 10 Americans — 68% — said marriages between same-sex couples should be recognized by the law as valid, up from 60% in May 2015.

Chicago Tribune

14 hours ago

• Chicago Tribune

Today in History: Voting age lowered to 18

Today is Sunday, June 22, the 173rd day of 2025. There are 192 days left in the year. Today in history: On June 22, 1970, President Richard Nixon signed an extension of the Voting Rights Act of 1965 that lowered the minimum voting age to 18. Also on this date: In 1815, Napoleon Bonaparte abdicated for a second time as Emperor of the French. In 1938, in a rematch that bore the weight of both geopolitical symbolism and African American representation, American Joe Louis knocked out German Max Schmeling in just two minutes and four seconds to retain his heavyweight boxing title in front of 70,000 spectators at New York's Yankee Stadium. 1941, Nazi Germany launched Operation Barbarossa, a massive and ultimately ill-fated invasion of the Soviet Union that would prove pivotal to the Allied victory over the Axis Powers. In 1944, President Franklin D. Roosevelt signed the Servicemen's Readjustment Act of 1944, more popularly known as the 'GI Bill of Rights,' which provided tuition coverage, unemployment support and low-interest home and business loans to returning veterans. In 1945, the World War II Battle of Okinawa ended with an Allied victory. In 1977, John N. Mitchell became the first former U.S. Attorney General to go to prison as he began serving a sentence for his role in the Watergate cover-up. In 1981, Mark David Chapman pleaded guilty to killing rock star and former Beatle John Lennon. In 1986, Argentine soccer player Diego Maradona scored the infamous 'Hand of God' goal in the quarterfinals of the FIFA World Cup against England, giving Argentina a 1-0 lead. (Maradona would follow minutes later with a remarkable individual effort that become known as the 'Goal of the Century,' and Argentina won 2-1.) In 1992, the U.S. Supreme Court, in R.A.V. v. City of St. Paul, unanimously ruled that 'hate crime' laws that banned cross burning and similar expressions of racial bias violated free-speech rights. In 2011, after evading arrest for 16 years, mob boss James 'Whitey' Bulger was captured in Santa Monica, California. In 2012, former Penn State assistant football coach Jerry Sandusky was convicted by a jury in Bellefonte, Pennsylvania, on 45 counts of sexually assaulting 10 boys over 15 years. (Sandusky would later be sentenced to 30 to 60 years in prison.) Today's Birthdays: Actor Prunella Scales is 93. Actor Klaus Maria Brandauer is 82. Fox News analyst Brit Hume is 82. Musician-producer Peter Asher (Peter and Gordon) is 81. Musician-producer Todd Rundgren is 77. Actor Meryl Streep is 76. Actor Lindsay Wagner is 76. Sen. Elizabeth Warren, D-Mass., is 76. Actor Graham Greene is 73. Singer-songwriter Cyndi Lauper is 72. Actor Bruce Campbell is 67. Environmental activist Erin Brockovich is 65. Sen. Adam Schiff, D-Calif., is 65. Basketball Hall of Famer Clyde Drexler is 63. Actor Amy Brenneman is 61. Author Dan Brown is 61. Actor Mary Lynn Rajskub is 54. Football Hall of Famer Kurt Warner is 54. TV personality Carson Daly is 52. Actor Donald Faison is 51. Football Hall of Famer Champ Bailey is 47. Golfer Dustin Johnson is 41.

Miami Herald

a day ago

• Miami Herald

Louisiana Classroom Ten Commandments Requirement Blocked by Court

A three-judge panel from the 5th U.S. Circuit Court of Appeals on Friday struck down Louisiana's requirement for displaying the Ten Commandments in public school classrooms. Newsweek reached out to the office of Governor Jeff Landry via email on Saturday for comment. The ruling represents a decisive legal victory for advocacy groups challenging the state mandate on constitutional grounds. This constitutional challenge reflects broader national tensions over religious expression in public education, with the mandate previously receiving support from President Donald Trump and Republican lawmakers. The ruling's implications extend beyond Louisiana, as Texas advances comparable legislation that affects nearly 6 million students in the nation's second-largest school system, while Arkansas faces parallel legal challenges as well. Louisiana Republican Governor Jeff Landry enacted the classroom display requirement in June 2024, mandating poster-sized presentations of the Ten Commandments across all public-school facilities. The law was quickly challenged by parents of Louisiana school children from various religious backgrounds, who filed a lawsuit arguing it violates First Amendment language that guarantees religious liberty and forbidding government establishment of religion. The ruling by the 5th U.S. Circuit Court of Appeals marked a major win for civil liberties groups who said the mandate violates the separation of church and state. The decision upholds an order issued last November by U.S. District Judge John deGravelles who declared the mandate unconstitutional and ordered state education officials not to enforce it. In a court with more than twice as many Republican-appointed judges, two of the three judges involved in Friday's ruling were appointed by Democratic presidents. Historical precedent shows the U.S. Supreme Court ruled in 1980 that a Kentucky law requiring the posting of the Ten Commandments in public school classrooms violated the Establishment Clause of the U.S. Constitution, finding it had no secular purpose but served a plainly religious purpose. In 2005, the Court held that displays in Kentucky courthouses violated the Constitution, while simultaneously upholding a Ten Commandments marker on the grounds of the Texas state Capitol in Austin. American Civil Liberties Union (ACLU) senior staff attorney Heather L. Weaver told the Associated Press: "This is a resounding victory for the separation of church and state and public education. With today's ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith." Americans United for Separation of Church and State spokesperson Liz Hayes told the AP: "All school districts in the state are bound to comply with the U.S. Constitution. Thus, all school districts must abide by this decision and should not post the Ten Commandments in their classrooms." Louisiana Governor Jeff Landry wrote in a statement on Friday: "The Ten Commandments are the foundation of our laws—serving both an educational and historical purpose in our classrooms." Louisiana Attorney General Liz Murrill said she would appeal the ruling, including taking it to the U.S. Supreme Court if necessary. Landry stated Friday that he supports the attorney general's plans to appeal. Reporting from the Associated Press contributed to this article. Related Articles Mahmoud Khalil Blasts Trump After Release: 'They Chose The Wrong Person'Trump Admin Gives Update on Using Military to Support ICE in 3 StatesMahmoud Khalil Cannot Be Detained or Deported, Judge RulesLouisiana Father Charged With Murder After Toddler Dies in Hot Car 2025 NEWSWEEK DIGITAL LLC.