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 enacted legislative redistricting plan as violating the U.S. Constitution. The plaintiffs' claim focuses on the plan's two subdistricts within Districts 4 and 9, which encompass the Fort Berthold and Turtle Mountain Native American Reservations and create four single-member districts rather than multi-member districts that elect two representatives at large like all other districts in the plan. They assert the legislature's subdistricting of Districts 4 and 9 constitutes racial gerrymandering in violation of the 14th Amendment's Equal Protection Clause because the districts were drawn with race as the predominant consideration but the state failed to conduct racially polarized voting analyses or other inquiries into whether such use of race was necessary for compliance with the Voting Rights Act. They are seeking a judicial declaration that Subdistricts 4A, 4B, 9A, and 9B are unconstitutional racial gerrymanders, a permanent injunction barring the defendants from using the subdistricts in future elections, and for the court to grant such relief that it deems necessary or appropriate.
The district court denied the plaintiffs' motion for a preliminary injunction on May 26, 2022, to which the plaintiffs filed a notice of appeal to the U.S. Supreme Court on June 14. The plaintiffs dismissed their notice of appeal on July 25.
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