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North Dakota | State Upper | State Lower

Walen v. Burgum

Last Updated Jan 13, 2025
Case No. 1:22-cv-00031 (D.N.D.), No. 23-969 (S. Ct.)
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Case Information

Federal court challenge to state legislative districts as unjustifiably based predominantly on race.

On Nov. 2, 2023, the trial court granted summary judgment to the state and intervening Tribal defendants. The court concluded that, even if state districts were drawn with the predominant use of race, there was a strong base in evidence that the districts were required by the Voting Rights Act and therefore satisfied strict scrutiny.

On Jan. 13, 2025, on direct appeal, the U.S. Supreme Court summarily affirmed the trial court with respect to District 4A, and summarily dismissed the appeal with respect to District 9A.  The challenge to District 9A was presumably dismissed because the relevant plaintiff lived in District 9B, and not District 9A, and therefore did not have standing to contest the drawing of District 9A’s boundaries as unjustifiably based predominantly on race — but the Supreme Court did not further explain its decision.

History

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Map | Challenged state Senate plan

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Map | Challenged state House plan

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Additional Cases

PENDING - Federal court found state legislative maps violated the VRA, on appeal
Cycle 2020