Appeals court rules against North Dakota tribes in voting rights case that could go to Supreme Court
BISmarck, ND (AP) – The Federal Court of Appeal will not reconsider its decision in a redistimation case that opposes the two Indian tribes challenging the legislative red distribution map of Northern Dakota and the dispute may turn to the US Supreme Court.
The case received national interests for 2-1 The decision published in May The turning point of people in seven states is eradicated by the Federal Civil Rights Law, which deleted a way through the Federal Vote Rights Law under the fundamental provision of the Federal Civil Rights Law. Tribes, 2021 Map He violated the action by dizing voting forces and their ability to choose their candidates.
The panel said that only the US Department of Justice could bring such cases. He followed this Decision from 2023 Arkansas In the same circuit that says that private individuals cannot sue under the 2nd part of the law.
These decisions contradict the decades of the appeal courts in other federal circuits that confirm the rights of private individuals within the scope of Chapter 2 and create a division where the Supreme Court can be resolved. However, many of the conservative justice of the Supreme Court It has shown attention lately Although it is not impossible, it makes it more difficult for redistribution cases Voting law.
After the May decision, Spirit Lake Tribe and Turtle Mountain Band, Chippewa Indians He asked the appeal court to rehearse 11 judges first. 19 state lawyers, many former US ministry lawyers, several voting rights historians, and others asked for a rehearsal.
However, in a decision on Thursday, the court rejected the request opened by other groups representing the Indian Rights Fund and tribes. Three judges, in the previous decision, the opposition circuit chief Steven Colloton, including, said they would give it.
In May, the majority view said that the law would have to give private individuals or groups the right to do so for the tribes to file a lawsuit under the law of voting rights.
Lenny Powell, a personnel lawyer for fund, He said in a statement Refusing to refuse to rethink, “Gerrymander’s wrong restriction on this map without challenging the voters who are deprived of the rights of the redditation map”.
Powell said on Monday that tribes are now thinking about their legal options.
Another group representing the tribes, the Campaign Law Center, the decision “Congress’s intent to put into force the law, as well as the Court of Cassation for decades of the voters’ voters in the court is contrary to the precedent of the power of implementing the law,” he said.
North Dakota Foreign Minister Michael Howe did not respond immediately to a comment on Monday.
The groups said they would continue to fight to provide fair maps. North Dakota et al. Decisions are valid only in the 8th circuit states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. After the Arkansas decision, Minnesota and other states In order to attach the increasing gaps in the federal law, it took action to raise voting rights with state -level guards.
North Dakota tribes opened Cases in 2022. Three judges panel heard the appeals arguments after last October Republican Foreign Minister Michael Howe objected a sub -court November 2023 Decision in favor of tribes.
In this decision, US regional judge Peter Welte, a new zone This covers the reservations of both tribes with approximately 60 miles (about 97 kilometers). In 2024, voters elected members of both tribes, all democrats, the Senate seat of the region and two home seats.
Republicans have supervision control of the North Dakota Legislative Assembly.
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Karnowski reported from Minneapolis.
