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Eighth Circuit ruling on Voting Rights Act suit leaves North Dakota maps in procedural limbo, staff warns
Summary
A May Eighth Circuit panel decision vacated a district court redistricting judgment and remanded for dismissal after ruling private plaintiffs lack a private cause of action under Section 2 of the Voting Rights Act, leaving North Dakota district lines in temporary legal limbo, Legislative Council staff said.
Legislative Council legal staff updated Legislative Management on redistricting litigation that could alter legislative district boundaries and create uncertainty for members whose residences may no longer fall inside their districts if the appellate court’s decision becomes final.
Austin Gunderson, legislative council staff, summarized the May 14 Eighth Circuit panel decision in Turtle Mountain Band of Chippewa Indians v. Howe, which concluded private plaintiffs may not bring 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 court’s judgment imposing a plaintiff-drawn map and remanded with…
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