Ruling in North Dakota case erases path for people in 7 states to sue under the Voting Rights Act
BISMARCK, N.D. (AP) — A federal appeals court that already has said private individuals and groups cannot sue under a key part of the federal Voting Rights Act went even further Wednesday toward blocking lawsuits over alleged racial bias in voting in seven Midwest states.
But its decisions may not be the last word, because another appeals court has ruled differently, and the U.S. Supreme Court would have to resolve the conflict. The latest ruling reversed a legal victory for two tribal nations in North Dakota that challenged a legislative redistricting plan.
The ruling shuts off a route to Section 2 of the Voting Rights Act through a federal civil rights law known as Section 1983, which allows people to sue state officials to vindicate their federal or constitutional rights, said Jonathan Topaz, staff attorney for the American Civil Liberties Union Voting Rights Project. Section 1983 provides a legal vehicle to bring a lawsuit, he said.
Private individuals in past decades brought lawsuits under Section 2, but a 2023 8th Circuit ruling in an Arkansas redistricting case held that Section 2 doesn't allow for private claims. That ruling and Wednesday's only apply to the 8th U.S. Circuit Court of Appeals, which encompasses Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
'These decisions together at the moment mean that no one can sue under the Voting Rights Act in the seven states that comprise the 8th Circuit, other than the U.S. Attorney General,' said Mark Gaber, senior director for redistricting at Campaign Legal Center and an attorney for the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians.
The majority opinion Wednesday said that in order to use Section 1983 to file lawsuits over voting rights, including how redistricting affects them, a private person or group must 'unambiguously' have the right to sue under Section 2 of the Voting Rights Act.
Appeals Judge Raymond Gruender, appointed by George W. Bush and writing for the majority, said that while the tribes 'are within the general zone of interest' of the Voting Rights Act, it is 'without the statute having unambiguously conferred an individual right.'
In a dissent, Circuit Chief Judge Steven Colloton, another Bush appointee, said Section 2 of the Voting Rights Act does confer a right to sue and he would have upheld the tribes' legal victory on redistricting.
Wednesday's decision and the Arkansas ruling 'create circuit splits' on the Section 2 and Section 1983 issues because the 8th Circuit is the only court to rule in such a way in both instances, Gaber said. The tribes and their attorneys are discussing and considering appeal options, he said.
The 2-1 ruling is a reversal for the two tribes, who had successfully challenged North Dakota's 2021 redistricting map, alleging it dilutes their voting strength.
The tribes wanted to share a single legislative district, electing a state senator and two House members, making it more likely that all three would be Native American. The 2021 plan split them into different districts. The court-ordered plan gave the tribes what they wanted.
Spirit Lake, Turtle Mountain and several tribal citizens alleged that the 2021 map drew the lines so that while Turtle Mountain members still could elect a House member, the Spirit Lake members could not.
In late 2023, U.S. District Court Chief Judge Peter Welte ruled after a trial, saying the Legislature's map 'prevents Native American voters from having an equal opportunity to elect candidates of their choice' in violation of the Voting Rights Act's Section 2.
In early 2024, the judge ordered a new map into place with a joint district for the two tribes. Their reservations near the Canadian border and in northeastern North Dakota, respectively, are about 60 miles (97 kilometers) apart. Later that year, voters elected three Native Americans, all Democrats, to the district's seats.
Republican Senate Majority Leader David Hogue said the 2021 boundaries the Legislature drew 'will be the boundaries.' Somehow officials will have to address the seats of incumbents affected by the boundaries at question, potentially by special election, he said.
'I think the Legislature was very comfortable with the fairness of the boundaries that they drew in 2021, and I think we should endeavor to uphold those boundaries,' Hogue said.
In a statement, Secretary of State Michael Howe's office said it will now work with the 2021 map in place for the 2026 elections, 'pending any further actions.'
Republicans control North Dakota's Legislature by 83-11 in the House and 42-5 in the Senate. The state's biennial legislative session concluded earlier this month.
___
Associated Press reporter John Hanna contributed from Topeka, Kansas.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
15 minutes ago
- Hamilton Spectator
Peru reinstates full protection of Nazca Lines reserve after controversial cutback
BOGOTA, Colombia (AP) — Peru's government has reversed its controversial decision to shrink the protected area surrounding the Nazca Lines, which had faced criticism for opening the area to informal miners. The country's culture ministry on Sunday nullified last week's resolution that had reinstated the boundary map set in 2004. The switch followed severe backlash after the government approved a 42% reduction in the zone — about 2,400 square kilometers (926 square miles) — and to allow miners to seek formal permits in previously restricted areas. The original protected zone — spanning 5,600 square kilometers (2,162 square miles) — will remain in effect. The ministry also ordered an update of the site's management plan within 10 days and the formation of a technical panel, which will include government representatives, academics, UNESCO, and civil society figures to define future use and conservation strategies. The area in question forms part of a UNESCO-recognized World Heritage Site , home to the Nazca Lines — massive geoglyphs etched into the desert over 1,500 years ago — and one of Peru's most fragile desert ecosystems. 'Thanks to the strong rejection by national and international public opinion, the government revoked the reduction of the area of the Nazca Archaeological Reserve,' Mariano Castro, Peru's former vice minister of the environment, told The Associated Press. Castro said the government justified its decision by saying it had not previously discussed its decision publicly. 'In other words, it (the government) does not go so far as to admit the measure was wrong, despite evidence of the presence of illegal mining, which seriously endangers and threatens the integrity of the Nazca Lines and petroglyphs,' he said. The ministry said a new government entity will be created to oversee the site's management, and technical studies will be published to ensure transparency and accountability. Peruvian environmental lawyer, César Ipenza, who follows the issue closely, welcomes the technical panel, which will include local authorities, but he still has concerns. 'The truth is that the local authority is actually the one that has been calling for the reduction of the boundaries of the Nazca Lines,' Ipenza told the AP. 'There will also be strong pressure from miners for this to go ahead.' Ipenza is concerned that informal mining has been steadily expanding in the area, even though all mining activity is officially banned. 'The government hasn't taken action to remove these miners and as a result, there has been pressure to officially open the area to allow informal and illegal miners to become formalized,' he said. The AP contacted UNESCO for comment. The organization said it would aim to provide information on Tuesday, as Monday was a public holiday in France, where it is headquartered. —- The Associated Press' climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at .
San Francisco Chronicle
26 minutes ago
- San Francisco Chronicle
Peru reinstates full protection of Nazca Lines reserve after controversial cutback
BOGOTA, Colombia (AP) — Peru's government has reversed its controversial decision to shrink the protected area surrounding the Nazca Lines, which had faced criticism for opening the area to informal miners. The country's culture ministry on Sunday nullified last week's resolution that had reinstated the boundary map set in 2004. The switch followed severe backlash after the government approved a 42% reduction in the zone — about 2,400 square kilometers (926 square miles) — and to allow miners to seek formal permits in previously restricted areas. The original protected zone — spanning 5,600 square kilometers (2,162 square miles) — will remain in effect. The ministry also ordered an update of the site's management plan within 10 days and the formation of a technical panel, which will include government representatives, academics, UNESCO, and civil society figures to define future use and conservation strategies. The area in question forms part of a UNESCO-recognized World Heritage Site, home to the Nazca Lines — massive geoglyphs etched into the desert over 1,500 years ago — and one of Peru's most fragile desert ecosystems. 'Thanks to the strong rejection by national and international public opinion, the government revoked the reduction of the area of the Nazca Archaeological Reserve,' Mariano Castro, Peru's former vice minister of the environment, told The Associated Press. Castro said the government justified its decision by saying it had not previously discussed its decision publicly. 'In other words, it (the government) does not go so far as to admit the measure was wrong, despite evidence of the presence of illegal mining, which seriously endangers and threatens the integrity of the Nazca Lines and petroglyphs,' he said. The ministry said a new government entity will be created to oversee the site's management, and technical studies will be published to ensure transparency and accountability. Peruvian environmental lawyer, César Ipenza, who follows the issue closely, welcomes the technical panel, which will include local authorities, but he still has concerns. 'The truth is that the local authority is actually the one that has been calling for the reduction of the boundaries of the Nazca Lines,' Ipenza told the AP. 'There will also be strong pressure from miners for this to go ahead." Ipenza is concerned that informal mining has been steadily expanding in the area, even though all mining activity is officially banned. 'The government hasn't taken action to remove these miners and as a result, there has been pressure to officially open the area to allow informal and illegal miners to become formalized,' he said. The AP contacted UNESCO for comment. The organization said it would aim to provide information on Tuesday, as Monday was a public holiday in France, where it is headquartered. —-
Hamilton Spectator
31 minutes ago
- Hamilton Spectator
Hearing held for judge accused of allowing immigrant to escape ICE custody
BOSTON (AP) — A hearing began Monday for a Massachusetts judge facing civil charges over allegations that she allowed an immigrant in her court to evade an immigration enforcement agent. The case stems from a 2018 incident in which Shelley Joseph, a district court judge, is accused of colluding with the immigrant's attorney and a court officer to allow him escape out a back door of the courthouse after a hearing on charges that included drug possession. An Immigration and Customs Enforcement officer had been waiting outside the courtroom to detain the defendant, Jose Medina-Perez. 'This case is about the integrity, impartiality and independence of the Massachusetts judiciary and the appearance of the integrity, impartiality and independence every judge must uphold,' Judith Fabricant, special counsel for the commission, told the hearing. A lawyer for Joseph, Elizabeth Mulvey, said the case had been distorted over time and that everyone had come to believe that her client 'let an illegal immigrant out of the door' with half of those people believing she should be jailed and the other half calling her a 'folk hero.' She argued Joseph had been vilified in the media and people were giving the impression that 'dozens of people' had seen Joseph 'get off the bench, escort the defendant to the door, give him a hug and wish him god speed.' 'Today in this court room and we are going to have opportunity to hear all the evidence,' Mulvey said. The case is similar to a Milwaukee judge accused in April of helping a man evade immigration authorities. The case has escalated a clash between the Trump administration and local authorities over the Republican president's sweeping immigration crackdown . Milwaukee County Circuit Court Judge Hannah Dugan is accused of escorting the man and his lawyer out of her courtroom through the jury door after learning that immigration authorities were seeking his arrest. The man was taken into custody outside the courthouse after agents chased him on foot. In the Massachusetts case, federal obstruction of justice charges against Joseph were dropped in 2022 after she agreed to refer herself to a state agency that investigates allegations of misconduct by members of the bench. That agency, the Commission on Judicial Conduct, concluded last year that Joseph 'engaged in willful judicial misconduct that brought the judicial office into disrepute, as well as conduct prejudicial to the administration of justice and unbecoming a judicial officer.' Denis McInerney, the hearing officer assigned to the case by the Supreme Judicial Court, said he will hear the evidence and then make a recommendation afterward based on whether he find Joseph violated the Massachusetts Code of Judicial Conduct. The hearing is expected to last about a week. Much of the first day was dominated by the first witness, lawyer David Jellinek, who told the court he had been hired that day to represent Medina-Perez and had been granted immunity by federal prosecutors. Along with the drug charges, Medina-Perez was in court on a warrant out of Pennsylvania. After doing some research, Jellinek believed his client wasn't the same person wanted on the warrant. 'I was worried they were going to take a US citizen into custody,' he told the court. 'I was quite concerned for my client.' Jellinek failed to convince the ICE agent that they had the 'wrong guy' so he came up with a plan to release Medina-Perez out the back door. Fabricant argued that Joseph signal her approval for the plan - including an off the record conversation during a side bar — when she appeared sympathetic to Jellinek's desire for his client to avoid ICE. But another attorney for Joseph, Thomas Hoopes, suggest that Jellinek might have misinterpreted Joseph's comments when she raised the possibility that Medina-Perez could be detained, rather than be released. The prosecutor had agreed Medina-Perez wasn't the man wanted in Pennsylvania and moved to drop the fugitive from justice charge. She also wasn't seeking bail on the drug charges so he was free to go. Much will hinge on what was said during that off the record conversation, which lasted only 52 seconds and is being disputed by both sides. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
