The Supreme Court on Thursday blocked a lower court order that could have disenfranchised Native American voters in North Dakota in a battle over the state’s legislative map.
The court blocked an 8th U.S. Circuit Court of Appeals ruling that rejected a challenge to the state’s map, which a lower court had previously reasoned discriminated against the Indian voting population.
The map moved to eliminate two of three legislative districts that have a heavy Indian population.
The lower court instead allowed a map proposed by the plaintiffs to be used, but the state had appealed and the 8th Circuit had ruled the Indians cannot bring a challenge by private plaintiffs, citing civil rights laws.
That follows another case, where the 8th Circuit had ruled private challengers cannot use Section 2 of the Voting Rights Act to bring cases. Section 2 is meant to protect against racial discrimination in the map-drawing process.
According to The Associated Press, 90 percent of Section 2 cases have been brought by private parties.
In a brief order Thursday, the justices signaled they’ll likely take up the dispute, which could be argued next term. That begins in October and ends in June of 2026.
Jamie Azure, chairman of the Turtle Mountain Band of Chippewa Indians, which brought the challenge, said they were relieved.
“We are relieved that Native voters in North Dakota retain the ability to protect ourselves from discrimination at the polls. Our fight for the rights of our citizens continues. The map enacted by the North Dakota legislature unlawfully dilutes the votes of Native voters, and it cannot be allowed to stand,” the tribe’s statement read.
Michael Howe, North Dakota secretary of state, said they’ll “continue to follow election laws set by the North Dakota legislature or as directed by any final decisions by the courts.”
The case is Turtle Mountain Band et al v. Howe, Secretary of State of N.D.
• This article was based in part on wire service reports.