SCOTUS Grants Native American Voters a Stay in Major Voting Rights Case

Today, the U.S. Supreme Court moved to protect fair representation for Native American voters in North Dakota, a major victory for the Turtle Mountain Band of Chippewa Indians, Spirit Lake Nation, and the individual Native American voters who brought this lawsuit and won a trial victory only for the U.S. Court of Appeals for the Eighth Circuit to rule that they had no right to sue in the first place.

This decision keeps the current fair map in place and safeguards hard-won representation for Native American voters in North Dakota while the Court considers the full case. Importantly, it also protects the voices of all voters in seven states to challenge discriminatory voting laws through Section 2 of the Voting Rights Act (VRA).

Since February 2022, Campaign Legal Center, Native American Rights Fund (NARF), the Law Offices of Bryan L. Sells, LLC, and Robins Kaplan LLP have been challenging the state’s 2021 legislative redistricting plan that weakened the voting power of Native American voters in North Dakota.

After a shockingly antidemocratic decision by the Eighth Circuit in May 2025, millions of voters across seven states were at risk of losing core democratic rights. All voters should be protected under the VRA, regardless of the state they live in. To ensure today’s protection is made permanent, CLC, NARF and co-counsel plan to file a cert petition to formally ask the Supreme Court to hear our case during their next term.

“The Supreme Court has rightfully halted the 8th Circuit’s decision. It is important to remember that this is not just about maps and lines. It is about whether people in my community have an equal opportunity to elect our candidates of choice. Today’s ruling helps protect our voice while we continue the fight for Native voting rights and fair representation,” said Representative Collette Brown, District 9, North Dakota House of Representatives.

“We are relieved that Native voters in North Dakota retain the ability to protect ourselves from discrimination at the polls. Our fight for the rights of our citizens continues. The map enacted by the North Dakota legislature unlawfully dilutes the votes of Native voters, and it cannot be allowed to stand,” said Jamie Azure, Chairman, Turtle Mountain Band of Chippewa Indians.

“We are pleased to see the Supreme Court uphold decades of precedent and affirm voters’ power to enforce their voting rights in court by staying the Eighth Circuit’s decision against citizen access to challenge discrimination. At the forefront of this fight are Native American voters in North Dakota who continue to fight to safeguard their right to fair representation,” said Trevor Potter, founder and president of Campaign Legal Center. “Today’s decision reverberates beyond North Dakota — it maintains the rights of voters in seven states under the jurisdiction of the Eighth Circuit to challenge unfair voting laws via Section 2 of the Voting Rights Act. When we file our cert petition, we plan to defend this critical legal tool to ensure all voters across the country can make their voices heard.”

"For decades, Tribes and Native Americans in North Dakota have fought for the rights of reservation voters," said Native American Rights Fund Staff Attorney Lenny Powell. "Today is another victory in that fight. The U.S. Supreme Court paused a decision that would strip Native voters — and all voters — of their ability to enforce their rights under Section 2 of the Voting Rights Act."