This year marks the 60th anniversary of the Voting Rights Act of 1965, a significant milestone in the civil rights movement aimed at eliminating racial discrimination in voting. Despite this achievement, Native American voters continue to face challenges in accessing their right to vote.
Native communities across the United States are still encountering voter suppression and systemic barriers. A recent case highlights these ongoing issues: Turtle Mountain Band of Chippewa Indians v. Michael Howe. The Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and individual Native voters challenged North Dakota's legislative map under Section 2 of the Voting Rights Act. They argued that the map diluted Native voting power by dividing Tribal communities across districts.
A federal district court agreed with this argument, finding that the legislative map violated Section 2 and ordered new districts to fairly represent Native voters. However, the Eighth Circuit Court of Appeals ruled that private individuals and groups cannot bring lawsuits under Section 2; only the Department of Justice can enforce these protections.
This decision contradicts over 40 years of legal precedent where successful Section 2 cases were typically brought by private plaintiffs rather than the federal government. If upheld, this ruling could leave millions without a way to challenge racial discrimination in voting.
For Native voters, this is particularly detrimental as Tribes have relied on Section 2 to combat voter suppression targeting their communities. Without court access, Tribal Nations have limited means to defend their political voice.
The Native American Rights Fund and co-counsel Campaign Legal Center, Law Offices of Bryan L. Sells, LLC, and Robins Kaplan LLP have filed a motion to stay the Eighth Circuit’s ruling and plan to seek review from the U.S. Supreme Court.
As we commemorate this anniversary, it is crucial to remember that the Voting Rights Act remains relevant today and must include protections for Native voters.
