CASE SUMMARY

On February 16, 2022, two North Dakota voters filed a federal lawsuit against North Dakota’s Governor and Secretary of State challenging the state’s legislative redistricting plan as an unconstitutional racial gerrymander. They sought a judicial declaration the plan was unconstitutional and a permanent injunction barring the plan from use in future elections.

• On May 26, 2022, the district court denied the plaintiffs’ request for a preliminary injunction. Plaintiffs filed a notice of appeal to the U.S. Supreme Court on June 14 but voluntarily dismissed it on July 25, 2022.
• On November 2, 2023, the district court granted summary judgment for the defendants after finding the challenged districts satisfied constitutional scrutiny.
• On January 2, 2024, the plaintiffs filed a notice of direct appeal to the U.S. Supreme Court.

Similar Case: Turtle Mountain Band of Chippewa Indians v. Brown

CASE LIBRARY

U.S. District Court for the District of North Dakota - No. 1:22-cv-31

• Complaint - 2/16/22
• Plaintiffs' Motion for Preliminary Injunction and Request for Three-Judge Panel - 3/4/22
• Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction and Request for a Three-Judge Panel - 3/4/22
• Stipulated Briefing Schedule and Extension of Deadline to Answer Complaint - 3/8/22
• Order Granting Motion for Three-Judge Panel and Adopting Stipulation - 3/18/22
• Motion to Intervene - 3/30/22
• Order Granting Motion to Intervene - 4/4/22
• Defendants' Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction - 4/7/22
• Affidavit of Irwin James Narum (Jim) Silrum - 4/7/22
• Affidavit of Emily Thompson - 4/7/22
• Defendant-Intervenors' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction - 4/7/22
• Plaintiffs' Reply in Support of Motion for a Preliminary Injunction - 4/18/22
• Affidavit of Paul Sanderson - 4/18/22
• Defendants' Answer - 4/22/22
• Answer in Intervention to Complaint - 4/22/22
• Order Denying Motion for Preliminary Injunction - 5/26/22
• Notice of Appeal to the U.S. Supreme Court - 6/14/22
• Scheduling/Discovery Plan - 7/1/22
• Stipulation of Dismissal by All Parties of Plaintiffs' Appeal - 7/25/22
• Order for Final Pretrial Conference and Order Setting Trial Preparation Deadlines - 9/15/22
• Respondents Motion to Quash Subpoena to Testify at a Deposition in a Civil Action - 11/16/22
• Memorandum in Support of Respondents Motion to Quash Subpoena to Testify at a Deposition in a Civil Action - 11/16/22
• Unopposed Motion to Extend Discovery Deadlines and Supporting Statement of Points and Authorities - 11/28/22
• Intervenor-Defendants' Opposition to Legislative Assembly's and Rep. Jones's Motion to Quash Deposition Subpoena - 11/30/22
• Plaintiffs' Motion for an Extension of Time to File Discovery Motions - 12/5/22
• Plaintiffs' Memorandum in Support of Motion for Extension - 12/5/22
• Memorandum in Reply to Intervenor-Defendants' Opposition to Motion to Quash Subpoena to Testify at a Deposition in a Civil Action - 12/7/22
• Intervenor-Defendants' Notice of Supplemental Evidence in Opposition to Legislative Assembly's and Rep. Jones's Motion to Quash Deposition Subpoena - 12/22/22
• Order - 12/22/22
• Order Regarding Discovery Dispute - 1/3/23
• North Dakota Legislative Assembly and Representative Terry B. jones' Notice of Appeal - 1/5/23
• Defendants' Motion Requesting Stay of Order Regarding Discovery Dispute Pending Decisions on Appeal - 1/12/23
• Memorandum of Law in Support of Defendants' Motion Requesting Stay - 1/12/23
• Declaration of Matthew A. Sagsveen - 1/12/23
• Plaintiffs' Memorandum in Opposition to Defendants' Motion Requesting Stay - 1/13/23
• Order Regarding Motion to Stay - 1/13/23
• Defendants' Appeal of Magistrate Judge Order Regarding Discovery Dispute - 1/17/23
• Order Regarding Discovery Dispute - 1/19/23
• Response in Opposition to North Dakota Legislative Assembly and Representative Terry Jones' Appeal of the Magistrate's December 22, 2022 Order - 1/19/23
• Order Denying Stay - 1/24/23
• Plaintiffs' Memorandum in Response to Defendants' Appeal - 1/24/23
• Defendants' Motion Requesting Stay of Magistrate Judge's Order Denying Stay - 1/31/23
• Memorandum of Law in Support of Defendants' Motion Requesting Stay of Magistrate Judge's Order Denying Stay - 1/31/23
• Plaintiffs' Memorandum in Response to Defendant's Motion Requesting Stay of Magistrate Judge's Order Denying Stay - 2/3/23
• Order - 2/6/23
• Plaintiffs' Motion for Summary Judgment - 2/28/23
• Memorandum in Support of Plaintiffs' Motion for Summary Judgment - 2/28/23
• Affidavit of Ryan Joyce - 2/28/23
• Defendants Doug Burgum and Michael Howe's Motion for Summary Judgment - 2/28/23
• Defendants Doug Burgum and Michael Howe's Memorandum in Support of Motion for Summary Judgment - 2/28/23
• Affidavit of Bradley N. Wiederholt - 2/28/23
• Exhibits 104, 105, 106 - 2/28/23
• Intervenor-Defendants' Motion for Summary Judgment - 2/28/23
• Intervenor-Defendants' Memorandum in Support of Motion for Summary Judgment - 2/28/23
• Affidavit of Molly E. Danahy - 2/28/23
• Order - 3/14/23
• Plaintiffs' Memorandum in Response to Defendants' Motion for Summary Judgment - 3/21/23
• Plaintiffs' Memorandum in Response to Defendant-Intervenors' Motion for Summary Judgment - 3/21/23
• Defendants Doug Burgum and Michael Howe's Reply Memorandum in Support of Motion for Summary Judgment - 4/4/23
• Plaintiffs' Reply Memorandum in Support of Summary Judgment - 4/4/23
• Order on Motions for Summary Judgment - 11/2/23
• Judgment - 11/2/23
• Defendants Doug Burgum and Michael Howe's Motion for Just Judgment - 11/16/23
• Verified Statement of Costs and Disbursements and Affidavit of David R. Phillips - 11/16/23
• Consented Proposed Schedule Regarding Motion for Attorneys' Fees, Expenses, and Costs - 11/24/23
• Notice of Appeal to the U.S. Supreme Court - 1/2/24

Supreme Court of the United States - No. 23-969

• Jurisdictional Statement and Appendix - 3/4/24
• Request for Extension of Time to Respond to Plaintiff-Appellants' Jurisdictional Statement - 3/22/24
• Brief of Alabama and 13 Others States as Amici Curiae in Support of Appellants - 4/5/24
• Memorandum in Response to Jurisdictional Statement - 5/6/24
• Motion to Dismiss or Affirm of Intervenors-Appellees MHA Nation, et al. - 5/6/24
• Order - 6/10/24