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Supreme Court Blocks Ruling That Would Bar Private Voting Rights Suits

The unsigned order pauses the 8th Circuit’s decision nationwide, preserving the ability of tribes and groups to file Section 2 challenges pending a full Supreme Court review.

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FILE - Flags for the Turtle Mountain Band of Chippewa Indians and the state of North Dakota stand in Memorial Hall of the state Capitol in Bismarck, N.D., on Dec. 15, 2023. (AP Photo/Jack Dura, File)
Collette Brown on May 1, 2025, in Bismarck, N.D.

Overview

  • On July 24, the Supreme Court granted an emergency stay of the 8th U.S. Circuit Court of Appeals’ ruling that had confined Section 2 enforcement to the U.S. attorney general.
  • The paused decision would have barred private plaintiffs—including the Turtle Mountain Band of Chippewa Indians and Spirit Lake Tribe—from challenging redistricting maps alleged to dilute minority voting strength.
  • Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented, indicating they would have allowed the appeals court’s nationwide rule to go into effect immediately.
  • A federal judge in 2023 ordered a new North Dakota legislative map after finding the 2021 plan violated Section 2, a change that led to the 2024 election of three Native American legislators.
  • The case will continue in lower courts and is expected to return to the Supreme Court for full merits review with significant implications for future redistricting challenges.