Overview
- The July 24 order pauses a May decision by the 8th U.S. Circuit Court of Appeals that had ruled only the Justice Department could enforce Section 2, preserving existing interim maps and private lawsuits
- The dispute originated in 2023 when two tribes and individual voters won a district court finding that North Dakota’s 2021 legislative map diluted Native American votes, leading to a court-drawn map for the 2024 election
- The 8th Circuit’s reversal conflicted with precedents in other circuits and threatened to block civil rights groups and individuals from suing over vote dilution in seven states
- Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the Supreme Court’s stay, indicating they would have allowed the appeals court’s ruling to take effect
- Lower-court litigation will continue as the tribes and state prepare petitions for certiorari, with full Supreme Court review expected next term