Walen and Henderson sued North Dakota officials in February 2022, alleging the new subdistricts violated the Fourteenth Amendment’s equal protection clause by being race-based without compelling state interest.
Compliance with Voting Rights Act Challenged
The plaintiffs argue that compliance with the VRA cannot justify violating the equal protection clause when creating election maps. They further assert the North Dakota redistricting committee failed to meet the Gingles preconditions, a three-part test established by the Supreme Court in 1986 to determine if minority voting rights are protected.
North Dakota Voting Dispute : Reaction from Native American Tribes
The Mandan, Hidatsa, and Arikara Nation, intervenor defendants in the case, expressed disappointment at the Attorney General’s changed stance. MHA Chairman Mark N. Fox emphasized the tribe’s need to protect its interests and urged the Supreme Court to dismiss the appeal for lack of jurisdiction.
The MHA Nation worked with the North Dakota Legislature during the 2021 redistricting process to ensure compliance with the U.S. Constitution and the VRA. Fox noted that the tribe and the Attorney General’s Office had previously defended the new subdistricts together.
Legal Representation and Arguments
Walen and Henderson are represented by Robert W. Harms of The Harms Group and attorneys from Evenson Sanderson PC. North Dakota officials, including Gov. Doug Burgum and the Secretary of State’s Office, are represented by the North Dakota Attorney General’s Office and Bakke Grinolds Wiederholt.
