US District Court of North Dakota Chief Judge Rules in Favor of Native Americans Seeking Redistricting of Two ND Senate and Four ND House Districts

On November 17, 2023, US District Court of North Dakota Chief Judge Peter D. Welty, a Trump appointee, ruled that North Dakota State Senate Districts 9 and 15, and the two ND House Districts within each, were in violation of Section 2 of the Voting Rights Act in an action brought against the State of North Dakota by two Native American tribes and three individuals.

Based on the Gingles case from the US Supreme Court, Judge Welte ruled that the plaintiffs met all three necessary conditions:

#1: The minority group . . . is sufficiently large and geographically compact to constitute a majority in a single-member district; and,

#2: The minority group . . . is politically cohesive; and,

#3: The white majority votes sufficiently as a bloc to enable it—in the absence of special circumstances . . . usually to defeat the minority’s preferred candidate.

The legislature and the ND Secretary of State have until December 22, 2023 to come up with a plan to remedy the situation, and the new districts will be used for the November 2024 elections.

His opinion has detailed analyses as to how he arrived at his opinion.

Here is Judge Welte’s decision.

Colorado Judge Says That Trump Engaged in Insurrection but Should Remain on the Colorado Ballot

Here is the latest on this matter from CNN.

The state Court judge ruled that the 14th Amendment does not apply to Presidents of the United States. UPDATE: here is the decision in Anderson v Griswold, Denver district court, 2023cv-32577. The Colorado Supreme Court will hear the appeal on December 6. Both sides are appealing. The plaintiffs, who want to keep Trump off the ballot, disagree with the state lower court’s conclusion that section three of the 14th amendment doesn’t apply to president and vice-president. Trump disagrees with the part of the ruling that says he engaged in insurrection.