Author: Matt Campbell

U.S. Supreme Court denies cert in Montana voting rights case

Matthew Campbell

On January 21, 2025, in Jacobsen, MT Sec. of State v. Montana Democratic Party, et al., the U.S. Supreme Court declined to review the Montana Supreme Court’s decision that two Montana laws that disenfranchise Native American voters are unconstitutional. The Blackfeet Nation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Fort Belknap Indian Community, the Northern Cheyenne Tribe, Western Native Voice, and Montana Native Voice have repeatedly won their challenges to two Montana laws that suppressed the Native vote in Montana by restricting access.

The Montana Legislature passed HB 176 to eliminate Election Day registration, which Native American voters disproportionately rely on to cast votes in Montana. Legislators passed HB 530 to restrict third-party ballot assistance, a service that aids Native voters living on reservations who may have to travel hours to the nearest polling location due to systemic inequities. The lower courts ruled, and the Montana Supreme Court affirmed, that the laws violate provisions of the Montana Constitution, including the right to vote, equal protection, free speech, and due process.

This is the second time that Montana Legislators passed restrictions on ballot collection that the courts determined discriminated against Native voters.

More here.

North Dakota Native Voting Rights Upheld by Supreme Court

Matthew Campbell

On January 13, 2024, the U.S. Supreme Court decided the Walen v. Burgum redistricting lawsuit and affirmed the U.S. District Court for the District of North Dakota decision that preserves North Dakota House District 4A, a subdistrict that gives Mandan, Hidatsa, and Arikara Nation voters a long-awaited opportunity to elect representatives of their choice. The lower court determined that state legislators were endeavoring to comply with Section 2 of the Voting Rights Act and redistricting best practices by creating an election subdistrict along the boundaries of the MHA reservation as part of 2021 redistricting.

While the MHA Nation sided with the state to defend subdistrict 4A, North Dakota abandoned its own win during the appeal to the Supreme Court, failing to advocate for the state legislature’s voting map and citizens’ rights.

More here and here.

The Every Day Fight for Voting Rights in North Dakota

Matthew Campbell

Turtle Mountain and Spirit Lake Win Redistricting Lawsuit Against North Dakota

Matthew Campbell

On November 17, 2023, the North Dakota federal district court ruled in favor of the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation against the North Dakota Secretary of State. The Plaintiffs proved at trial that the North Dakota legislative redistricting plan violates Section 2 of the Voting Rights Act (VRA) by diluting the voting strength of Native American voters living on and near both reservations.  The state has been ordered to submit a VRA compliant redistricting plan to the court by December 22, 2023.

The Order is here:

tm-orderDownload

Previous post on this matter here and PR here.

MHA Nation Prevails in Redistricting Lawsuit

Matthew Campbell

On November 2, 2023, the North Dakota federal district court ruled in favor of the MHA Nation and North Dakota on motions for summary judgment. The Plaintiffs were alleging that the newly created MHA state legislative district was an illegal racial gerrymander.  North Dakota’s 2021 redistricting plan resulted in the election of an MHA tribal member to the state legislature in 2022.  The order means that the district will remain unchanged and MHA tribal member Representative Lisa DeVille will continue to serve as a state legislator.

Order here.

MHA Motion for Summary Judgment here:

intervenors-msjDownload

State Motion here:

states-msjDownload

Plaintiff Motion here:

plaintiffs-msjDownload

You can see a press release here and previous post on this matter here.

Utah District Court Dismisses Utah and Individual Challenges to Bears Ears National Monument

Matthew Campbell

On Friday, August 11, 2023, United States District Judge David Nuffer of the United States District Court of the District of Utah granted motions to dismiss the cases challenging the Bears Ears National Monument designation.

Here is the Order:

doc.-180-garfield-cty-v-bidenDownload

Previous post with briefs here and here.

Bears Ears at Sunset. Photo credit: Tim Peterson.

10th Cir. Decision in Crow Tribe of Indians v. Repsis

Matthew Campbell

Despite the Supreme Court’s decision in Wyoming v. Herrera, which affirmed that the Crow Tribe’s treaty-reserved right to hunt in the Big Horn National Forest remained intact following Wyoming’s statehood, the State continued to prosecute Mr. Herrera for taking an elk in the Forest. The State argued that notwithstanding the Supreme Court’s decision in Herrera, Mr. Herrera was precluded from asserting his treaty defense because he (being in privity with the Crow Tribe as a Tribal member) was bound by the Tenth Circuit’s decision in Crow Tribe of Indians v. Repsis, which held that the Tribe’s treaty right was extinguished upon Wyoming’s statehood. Accordingly, the Crow Tribe sought relief from the Repsis judgments pursuant to Rule 60(b), so that the State could not continue to use Repsis. The Wyoming Federal District Court initially denied the Tribe’s Rule 60(b) motion, but the Tenth Circuit has now vacated that decision, remanding to the district court to consider the merits of the Tribe’s Rule 60(b) motion.

Here is the decision:

doc.-010110892848-no.-21-8050-court-_-orderDownload

Prior posts on this matter here and here.

Motion to Dismiss briefing in Bears Ears Litigation

Matthew Campbell
United States’ Motion to Dismiss Amended Complaints
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Tribal Nations Motion to DismissDownload
Individual Plaintiffs’ Opposition
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Garfield County Plaintiffs Opposition
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SUWA Intervenors Reply
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Tribal Nation Reply
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US ReplyDownload

Court Grants Summary Judgment in favor of Rosebud and Oglala in NVRA Suit

Matthew Campbell

Here is the Order:

20220526-order-msj-sd-nvraDownload

More information can be seen here.

Previous post here.

Order Denying Motion to Dismiss in Rosebud and Oglala National Voter Registration Act Lawsuit

Matthew Campbell

Here is the Order Denying South Dakota’s Motion to Dismiss Rosebud and Oglala’s Complaint that South Dakota is failing to comply with the National Voter Registration Act.

doc.-115-memorandom-and-order-denying-defs-motion-to-dismiss-rst-v-barnett0-2022.05.17-00234861x105fe6Download

Here is the Amended Complaint.

doc.-044-amended-complaint-2021.08.10-rosebud-00224240-2Download

Previous post on this issue here.