Native Vote 2026
The U.S. Supreme Court on Monday vacated a controversial lower court ruling in a major Native voting rights case and sent it back to the Eighth Circuit Court of Appeals for further review, marking an important development for Tribal Nations and Native voters fighting to protect the Voting Rights Act.
The case, Turtle Mountain Band of Chippewa Indians et al. v. Howe, stems from a challenge to North Dakota’s 2021 legislative redistricting map brought by the Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe, and individual Native voters. The plaintiffs argued the map diluted Native voting strength in northeastern North Dakota in violation of Section 2 of the Voting Rights Act.
In 2023, a federal district court ruled in favor of the tribes and Native voters, finding the state’s map unlawfully weakened Native political representation and ordering North Dakota to adopt a new map.
However, the case took on national significance after the Eighth Circuit later ruled that private individuals and organizations could not sue under Section 2 of the Voting Rights Act — a position that threatened decades of voting rights enforcement and raised concerns among Tribal Nations and civil rights advocates across the country.
On Monday, the Supreme Court vacated that decision following its recent ruling in Louisiana v. Callais and returned the case to the Eighth Circuit for reconsideration.
“The Supreme Court was correct to vacate the Eighth Circuit’s decision, which wrongly prevented Native voters and Tribal Nations from vindicating their rights under the Voting Rights Act,” Native American Rights Fund Staff Attorney Lenny Powell said. “On remand, we will keep fighting to ensure that Native voters have the ability to vote and effect change in their communities.”
Voting rights advocates say the case could have broad implications for whether Tribal Nations and Native voters can continue bringing Voting Rights Act claims without relying solely on the U.S. Department of Justice.
