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Walen v. Burgum

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

Docket No.23-969
Op. BelowD.N.D.

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.

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