Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Redistricting topic
No spam. Unsubscribe anytime.
Eighth Circuit ruling could revert North Dakota legislative boundaries, officials say
Summary
Counsel to the Legislative Council told members the Eighth Circuit held individuals lack a private right to sue the state in Turtle Mountain Band of Chippewa Indians v. Howe, a ruling that could revert legislative boundaries to those from the 2021 special session and affect Districts 9 and 15; plaintiffs have petitioned for rehearing en banc.
BISMARCK, N.D. — Counsel to the Legislative Council told Legislative Management on June 26 that a recent Eighth Circuit decision could change North Dakota legislative boundaries if the ruling stands and the appeals process does not produce a stay.
Austin Gunderson presented an update on Turtle Mountain Band of Chippewa Indians v. Howe, 137 F.4th 710 (8th Cir. 2025), saying the Eighth Circuit held individuals do not have a private right of action to sue the state for alleged constitutional violations. Gunderson said that, if the ruling is executed, it would have the effect of reverting legislative boundaries to those enacted during the 2021 special session and could change the boundaries of Districts 9 and 15.
Gunderson told members the plaintiffs have filed a petition for rehearing en banc with the Eighth Circuit; if that petition is denied they may seek a writ of certiorari from the U.S. Supreme Court. He characterized the matter as a case of first impression and cautioned that depending on the duration of appeals or any stay, the issue could become moot as the state approaches the next primary or general election.
Committee members asked questions about practical implications, and Gunderson noted historically legislators have been allowed to remain in their elected districts for the term to which they were elected, but he did not make binding legal conclusions for future action. The presentation was informational; no formal action was taken.
