Native Nations Call on the U.S. Supreme Court to Uphold ‘Private Right of Action’ of Citizens to Bring Complaints Under the 1965 Voting Rights Act



September 4th, Native nations asked the U.S. Supreme Court to uphold the longstanding right of individuals to bring voting rights complaints to federal court.  If the high court takes the case, its decision could have consequences for voting rights protections under the Voting Rights Act.

In 2021, the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation negotiated with the State of North Dakota to create voting districts which didn’t dilute Native voting power.  But after a 2023 8th Circuit Court decision in Arkansas, the State of North Dakota reneged on its deal with the tribes.  The decision said only the U.S. Justice Department – not individual voters – could bring suits to enforce the VRA.  Of 450 VRA Section 2 cases since 1982, only 18 were brought by DOJ.  

May 14th, a three-judge appeals panel affirmed that decision, but still only for the 8th Circuit. After a July 15th stay, the nations asked the high court on September 4th to take the case.    

Spirit Lake Nation chair Lonna Jackson-Street said, “It is shameful that, when we succeeded in court and got a fair map in place, the state turned its attack against the Voting Rights Act and a person’s right to vote free from discrimination. We need the Supreme Court to protect our fundamental right to vote and be heard.”

We have more at  AmericanDemocracyminute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – Radical Decision by Appeals Court in Arkansas Case Greenlights North Dakota Appeal to Restore Maps Designed to Suppress Native American Voting Power
American Democracy Minute – Eighth Circuit ‘Private Right of Action’ Ruling Temporarily Halted by Justice Kavanaugh in Case by North Dakota Tribal Nations
Native American Rights Fund – Native American Voters Bring Voting Rights Act Case to the Supreme Court 

U.S. Supreme Court – Turtle Mountain Band of Chippewa Indians, et al., Petitioners v. Michael Howe, Secretary of State of North Dakota
SCOTUS Blog – Turtle Mountain Band of Chippewa Indians v. Howe



Groups Taking Action:

Native American Rights Fund, Turtle Mountain Band, Spirit Lake Nation, Campaign Legal Center

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State


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