Skip to content

Walen v. Burgum

Appeal dismissed with respect to Subdistrict 9A, and judgment affirmed with respect to Subdistrict 4A, on January 13, 2025.

Docket No. Op. Below Argument Opinion Vote Author Term
23-969 D.N.D. N/A N/A N/A N/A OT 2024

Issue: (1) Whether the district court erred by applying the incorrect legal standard when deciding that the North Dakota legislature had good reasons and a strong basis to believe two majority-Native-American subdistricts were required by the Voting Rights Act; (2) whether the district court erred by improperly weighing the evidence and granting inferences in favor of the moving party at summary judgment instead of setting the case for trial; and (3) whether the district court erred when it found that the legislature"s attempted compliance with Section 2 of the VRA can justify racial sorting of voters into districts.

DateProceedings and Orders (key to color coding)
03/04/2024Statement as to jurisdiction filed. (Response due April 5, 2024)
03/22/2024Motion to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk.
03/26/2024Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2024.
04/05/2024Brief amici curiae of Alabama, et al. filed.
05/06/2024Motion to dismiss or affirm filed by appellees The Mandan, Hidatsa and Arikara Nation, Lisa DeVille, and Cesar Alvarez, Jr.
05/06/2024Memorandum of appellees Doug Burgum, Governor of North Dakota, et al. filed.
05/20/2024Response of appellants Charles Walen, et al. to motion to dismiss or affirm and reply to appellees' response filed. (Distributed)
05/21/2024DISTRIBUTED for Conference of 6/6/2024.
06/10/2024The Solicitor General is invited to file a brief in this case expressing the views of the United States.
12/10/2024Brief amicus curiae of United States filed.
12/23/2024Supplemental brief of appellees Doug Burgum, et al. filed. (Distributed)
12/24/2024DISTRIBUTED for Conference of 1/10/2025.
01/09/2025Supplemental brief of appellants Charles Walen, et al. filed.
01/13/2025The appeal is dismissed with respect to Subdistrict 9A, and the judgment is affirmed with respect to Subdistrict 4A.
02/14/2025Judgment Issued.