Betrayed by State Officials, North Dakota Native Americans Forced to Again Fight for the Right to Choose Their Own State Representation



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In 2021, Native Americans nations negotiated with the State of North Dakota to create majority minority state House districts under the Voting Rights Act, and together defended it in federal court. NOW the State is welching on the deal and joining the GOP plaintiffs in asking the U.S. Supreme Court to reverse the decision.

Two local GOP officials contested House District 4A in 2022, claiming it was unfair under the Equal Protection Clause of the U.S. Constitution.  The Mandan, Hidatsa and Arikara Native American nations, also known as the MHA Nation, joined with the State of North Dakota, arguing the VRA Section 2 gives them the right to elect a candidate of their choice.  Together, they won, when a three judge federal panel agreed.  The GOP officials appealed to the U.S. Supreme Court.

But in a shameful historical pattern, the State of North Dakota abandoned its agreement with the MHA nation, and May 6th, instead asked the justices to vacate the decision, potentially eliminating District 4a, and three other majority minority Native districts.

As we’ve reported, voter suppression forces have been throwing cases at the high court’s wall in hopes that conservative justices will rescind remaining voting protections for minority Americans.  Expect oral arguments this fall.

We have details of the case and groups taking action at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Charles Walen and Paul Henderson (Via Democracy Docket) – (2022) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Democracy Docket – (2023) Federal Court Rejects GOP Lawsuit Aimed At Eliminating North Dakota Tribal Nation Legislative Districts

Charles Walen and Paul Henderson (Via Democracy Docket) – NOTICE OF APPEAL TO THE U.S. SUPREME COURT
North Dakota Monitor – North Dakota changes course on tribal redistricting case, asks US Supreme Court to rule
Native American Rights Fund – DEFENDING A MAJORITY NATIVE-VOTER SUBDISTRICT IN NORTH DAKOTA (WALEN V. BURGUM)
U.S. Supreme Court – Docket for Charles Walen, et al., Appellants v. Doug Burgum, Governor of North Dakota, et al.


Groups Taking Action:
Native American Rights Fund, Campaign Legal Center, Election Law Group 


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