This week, a divided Eighth Circuit has refused to rehear Spirit Lake Tribe v. Howe, leaving intact its May 2025 ruling that bars private plaintiffs from suing under Section 2 of the Voting Rights Act (VRA). The order preserves a decision that eliminated a key enforcement pathway for the seven states within the circuit and sets the stage for potential U.S. Supreme Court involvement.
The case began when the Spirit Lake Tribe and the Turtle Mountain Band of Chippewa Indians challenged North Dakota’s 2021 legislative map, arguing that splitting their reservations diluted Native voting power. A U.S. District Court Judge agreed in November 2023 and ordered a map with a single district that united both communities. Under the new map, voters promptly elected three Native American Democrats in 2024. But in May, a three-judge panel (2-1) reversed, holding that the “unambiguous” text of the VRA allows only the U.S. Department of Justice, not private parties, to bring Section 2 claims.
By denying review, the full court deepens a circuit split with the Fifth, Sixth, and Eleventh Circuits, all of which continue to recognize a private right of action. Voting-rights groups warn that the decision “wrongly restricts voters disenfranchised by a gerrymandered redistricting map.” North Dakota officials signaled in May that they will return to the 2021 map unless higher courts intervene. For now, redistricting suits brought by private actors in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota appear foreclosed. Read coverage on APnews.com.
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