Legislative Management hears redistricting litigation update; mandate could take effect within days
Legislative Council counsel reported the Eighth Circuit barred private Section 2 suits in Turtle Mountain Bank v. Howe, denied rehearing and a stay; the plaintiffs asked the U.S. Supreme Court to intervene and the committee was told the Eighth Circuit mandate could become effective within seven days, creating uncertainty for Districts 9 and 15.
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Dustin A. Richard, counsel to the Legislative Council, told the Legislative Management on July 11 that, in Turtle Mountain Bank of Chippewa Indians v. Howe, the U.S. Court of Appeals for the Eighth Circuit held private plaintiffs may not maintain a private cause of action to enforce Section 2 of the Voting Rights Act.
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