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Legislative Management hears redistricting litigation update; mandate could take effect within days
Summary
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.
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.
Richard said the plaintiffs sought rehearing en banc and the Eighth Circuit denied that petition. On July 9, 2025, the plaintiffs filed a motion to stay the judgment pending a petition to the U.S. Supreme Court; the Eighth Circuit denied the stay the next day. Richard said the plaintiffs could file a motion to stay with the Supreme Court, but if they do not, "the Eighth Circuit Court of Appeals mandate could become effective within 7 days after the denial" and the district boundaries adopted by the 2021 Legislative Assembly "could become effective as early as July 17, 2025."
Chairman David Hogue said the denial of the stay and potential next steps present challenges because they create uncertainty in the election cycle for Districts 9 and 15. In response to a question from a committee member, John Bjornson, Director, Legislative Council, said if the mandate becomes effective soon, next steps are uncertain but could include current members holding office until the next election, as often occurs after a normal redistricting cycle. Committee members also noted a constitutional duty to act if required and the committee agreed to continue monitoring developments and to reconvene if necessary.
The update did not record any formal decision or motion on next steps; the committee limited its action to monitoring the litigation and potential future meetings if developments warrant.
