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- By Native News Online Staff
Native Vote. After the Eighth Circuit Court of Appeals reaffirmed its decision to deny voters in seven states the ability to seek fair representation, the Native American Rights Fund (NARF) and its co-counsel have filed a motion to stay that ruling — a key step in preparing to take the case to the U.S. Supreme Court.
Since 2022, the Turtle Mountain Band of Chippewa Indians, Spirit Lake Nation, and several individual Native American voters in North Dakota have been challenging a legislative redistricting map they say denies them fair representation. In May, the Eighth Circuit issued a sweeping decision declaring that private citizens no longer have the right to sue under Section 2 of the Voting Rights Act — a critical provision that protects against racially discriminatory voting laws and maps.
Alongside co-counsel — Campaign Legal Center, the Law Offices of Bryan L. Sells, LLC, and Robins Kaplan LLP — NARF is determined to affirm that every American has the right to challenge discriminatory voting practices. The Eighth Circuit's ruling sets a dangerous precedent for voting rights nationwide, and we are committed to overturning it.
"For decades, Tribal Nations and Native voters in North Dakota have fought for a fair chance to vote and have their voices heard. The Eighth Circuit’s decision prevents voters in seven states from suing when they are racially discriminated against in violation of the Voting Rights Act. That decision is plainly wrong, and it will have a huge impact on Native voters. We are committed to fighting this decision, including taking it to the U.S. Supreme Court." said NARF Staff Attorney Lenny Powell.
“Voters in North Dakota, throughout the Eighth Circuit, and across the United States, deserve fair maps — maps that allow voters an equal voice in our democracy. For sixty years, voters have sued to enforce their right under Section 2 of the Voting Rights Act to voting maps free from racial discrimination. Native Americans in North Dakota vindicated their rights at trial and won a fair map, after facing a long history of discrimination,” said Mark Gaber, senior director of redistricting at Campaign Legal Center. “We will fight to make sure the Supreme Court preserves the right of all voters to sue under the Voting Rights Act to stop discriminatory maps and voting laws.”
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