Overview:
North Dakota tribes are seeking to revive their successful challenge of the state’s legislative map, arguing that the 2021 districts unlawfully dilute Native voting power despite a new legal standard from the U.S. Supreme Court.
The Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe and individual Native American plaintiffs in North Dakota are being forced to re-argue their successful challenge to the state’s legislative map after the U.S. Supreme Court sent the case back to a lower court for reconsideration under a new legal standard.
On August 28, 2026, the tribes and individual plaintiffs moved for leave to file an amended complaint in the U.S. District Court for the District of North Dakota in Turtle Mountain Band of Chippewa Indians v. Howe. The filing follows a May 2026 U.S. Supreme Court decision that returned the case to the lower court.
The amended complaint alleges that North Dakota’s 2021 legislative map unlawfully dilutes Native voting power and violates the U.S. Constitution because it was enacted with discriminatory intent and sorts voters by race without sufficient justification.
The case is not new to the federal court. In November 2023, following a four-day trial, the court ruled that the 2021 North Dakota legislative map deprives Native American voters “an equal opportunity to participate in the political process and to elect representatives of their choice,” in violation of Section 2 of the Voting Rights Act.
The court also pointed to a stark disparity in Native representation under the challenged map.
“[U]nder the 2021 redistricting plan, Native Americans hold zero seats in the Senate and two House seats. Either of the [Tribes’] proposed plans would yield one Senate seat and three House seats,” the court wrote.
Although the disparity was not dispositive, the court concluded that the “obvious disparity” provided additional evidence that the legislative map diluted Native votes.
The tribes now contend they must present the case again under the new legal standard established by the Supreme Court.
“We have been fighting this map for five years, and we already proved at trial that it discriminates against Native voters. The Supreme Court changed the rules, but it did not change the facts. A fair map that follows North Dakota’s own criteria brings our Tribes together and gives Native voters a real voice. We proved this map discriminates once, and we will prove it again under the new standard,” said Spirit Lake Tribe Chair Lonna Jackson-Street.
Turtle Mountain Chippewa Chair Jamie Azure said the state’s redistricting process intentionally weakened the political influence of Native voters.
“North Dakota intentionally packed and cracked Native voters to weaken our political voice. We will show that this is about race, not party politics, and that the State’s own mapmaking rules support a fair district that brings our reservations together. The standard has changed, but the discrimination has not—and we are ready to prove it,” Azure said.
The plaintiffs are represented by the Native American Rights Fund (NARF), Campaign Legal Center (CLC), and the Law Offices of Bryan Sells in the Voting Rights Act lawsuit. Robins Kaplan LLP represents the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians.
