Inside the Supreme Court’s Stay in the North Dakota Section 2 Case
Why a one-paragraph order from SCOTUS could decide who gets to fight racial gerrymandering in America
Introduction: When Silence Speaks Volumes
What if you couldn’t sue when your vote was erased?
On July 24, 2025, the Supreme Court issued a brief, unsigned order. To the casual observer, it looked procedural—a temporary stay in a regional case about a North Dakota electoral map. But beneath its silence lurked a seismic shift. The Court paused a lower court ruling that could have eliminated the ability of private citizens and civil rights groups to sue under Section 2 of the Voting Rights Act (VRA).
In doing so, it gave the system one more breath before deciding who gets to fight for democracy—and who doesn’t.
1. The Case: Turtle Mountain Band of Chippewa v. Howe
In 2021, North Dakota’s Republican-led legislature drew new maps that split the state’s two main Native American reservations—Turtle Mountain and Spirit Lake—into separate voting districts. The effect? Native voter power diluted.
The Turtle Mountain Band of Chippewa Indians, joined by Native plaintiffs, sued under Section 2 of the VRA. In 2023, U.S. District Judge Peter Welte sided with them. He ordered a remedial map that unified Native communities and, in 2024, it delivered: three Native Democrats won legislative seats.
Then came the blow.
In May 2025, the Eighth Circuit declared—for the first time in U.S. history—that only the DOJ could enforce Section 2. Private citizens? Barred.
2. The Supreme Court Stay: Not a Victory, But a Lifeline
On July 24, SCOTUS intervened. In a 6–3 decision, Chief Justice Roberts joined Barrett, Kavanaugh, and the liberal bloc to stay the Eighth Circuit’s ruling. Justices Thomas, Alito, and Gorsuch dissented.
It means the remedial map remains for 2026. But make no mistake: this was not a win. It was a temporary reprieve. The Court hasn’t taken the case—yet.
3. What’s at Stake: The Right to Fight Back
Over 94% of Section 2 cases since 1982 have been brought by private plaintiffs—not the DOJ. Since Shelby County v. Holder gutted preclearance in 2013, Section 2 became the last wall standing.
Now even that wall may crack.
The DOJ’s Voting Section has about 35 lawyers. In 2024 alone, over 40 Section 2 suits were filed. If the DOJ becomes the sole enforcer, most cases will never reach court.
This isn’t about workload. It’s about locking the courtroom door before the people get inside.
4. The Political Geography: Why North Dakota Matters
Native Americans make up 5.5% of the state. But they’re concentrated in two reservations. The 2021 map split them—diluting their voice. The 2023 court-drawn map unified them.
The result? Three Native Democrats flipped seats in a deep-red legislature.
Now, those gains hang by a thread.
5. The Conservative Strategy: Divide, Then Conquer
The Eighth Circuit’s ruling directly opposes every other appellate court on Section 2 enforcement. That contradiction isn’t accidental. It’s a tactic: create a circuit split, force Supreme Court review, and tilt the scales.
What happens next?
- The Court could uphold the Eighth Circuit, killing private enforcement.
- It could reverse, but narrow the criteria so severely it becomes hollow.
- Or it could dodge, letting a patchwork of rights stand.
Either way, the system fractures.
6. The Real Battle: Who Gets to Sue?
This isn’t about one map.
It’s about access to the system.
If only the federal government can sue, then justice depends on political will, agency funding, and who’s in the White House.
It’s the difference between public oversight and institutional silence.
7. Looking Ahead: Three Futures
- SCOTUS affirms the Eighth Circuit: Section 2 dies in all but name. Civil rights groups shut out. Voter suppression goes unchecked.
- SCOTUS reverses but narrows: The right to sue survives—barely. The cost to fight skyrockets.
- SCOTUS denies review: Section 2 exists in some states, vanishes in others. Justice by geography.
Conclusion: The Last Door Standing
The question before the Court isn’t technical. It’s existential:
Who gets to fight for democracy when the system is rigged against them?
This stay didn’t solve the problem. It simply hit pause.
But in a nation where maps can erase voices, that pause may be the last breath before the door shuts.
Macro Pulse breaks down the systems behind the headlines.