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Eighth Circuit ruling on Voting Rights Act claim leaves North Dakota districts in legal limbo
Summary
Legislative Management heard a briefing on May 14 Eighth Circuit ruling that could revert the state to 2021 legislative boundaries and create residency uncertainty for some legislators.
Legislative Management heard a briefing on June 26 about an Eighth Circuit Court of Appeals ruling that could return North Dakota to its 2021 legislative district boundaries and leave members in an uncertain residency status.
Austin Gunderson of Legislative Council summarized the Eighth Circuits May 14 ruling in Turtle Mountain Band of Chippewa Indians v. Howe, which held private plaintiffs may not maintain a private cause of action to enforce Section 2 of the Voting Rights Act through 42 U.S.C. 1983. The panel vacated the district courts judgment imposing a plaintiff-drawn map and remanded with instructions to dismiss. Gunderson said the ruling is not yet…
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