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Turtle Mountain Band of Chippewa Indians v. Howe

Emergency application to recall and stay an appeals court mandate is granted on July 24, 2025.

Docket No. Argument Opinion Vote Author Term
25a62 TBD TBD TBD TBD OT 2025

Issue: Whether the Supreme Court should stay an appeals court mandate stating that private plaintiffs cannot rely on 42 U.S.C. § 1983 to file suit under Section 2 of the Voting Rights Act.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/15/2025Application (25A62) for a stay, submitted to Justice Kavanaugh.
07/15/2025Response to application (25A62) requested by Justice Kavanaugh, due by 5 p.m. (EDT) on July 22, 2025.
07/16/2025Order entered by Justice Kavanaugh: Upon consideration of the application of counsel for the applications, it is ordered that the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 23-3655, is hereby stayed pending further order of Justice Kavanaugh or of the Court.
07/21/2025Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
07/22/2025Response to application from respondent Michael Howe filed.
07/22/2025Brief amici curiae of Alabama, et al. filed.
07/23/2025Reply of applicant Turtle Mountain Band of Chippewa Indians, et al. filed.
07/24/2025Application (25A62) referred to the Court.
07/24/2025Application (25A62) for stay presented to Justice Kavanaugh and by him referred to the Court is granted. The issuance of the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 23-3655, is stayed pending the filing and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.