BISMARCK, N.D. (AP) — A federal appeals court that already has said private individuals and groups cannot sue under a key part of the federal Voting Rights Act went even further Wednesday toward blocking lawsuits over alleged racial bias in voting in seven Midwest states.
But its decisions may not be the last word, because another appeals court has ruled differently, and the U.S. Supreme Court might have to resolve the conflict. The latest ruling reversed a legal victory for two tribal nations in North Dakota that challenged a legislative redistricting plan.
The ruling shuts off a route to Section 2 of the Voting Rights Act through a federal civil rights law known as Section 1983, which allows people to sue state officials to vindicate their federal or constitutional rights, said Jonathan Topaz, staff attorney for the American Civil Liberties Union Voting Rights Project. Section 1983 provides a legal vehicle to bring a lawsuit, he said.
Private individuals in past decades brought lawsuits under Section 2, but a 2023 8th Circuit ruling in an Arkansas redistricting case held that Section 2 doesn't allow for private claims. That ruling and Wednesday's ruling only apply to the 8th U.S. Circuit Court of Appeals, which encompasses Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
“These decisions together at the moment mean that no one can sue under the Voting Rights Act in the seven states that comprise the 8th Circuit, other than the U.S. Attorney General,” said Mark Gaber, senior director for redistricting at Campaign Legal Center and an attorney for the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians.
The majority opinion Wednesday said that in order to use Section 1983 to file lawsuits over voting rights, including how redistricting affects them, a private person or group must “unambiguously” have the right to sue under Section 2 of the Voting Rights Act.
Appeals Judge Raymond Gruender, appointed by George W. Bush and writing for the majority, said that while the tribes “are within the general zone of interest” of the Voting Rights Act, it is “without the statute having unambiguously conferred an individual right.”
In a dissent, Circuit Chief Judge Steven Colloton, another Bush appointee, said Section 2 of the Voting Rights Act does confer a right to sue and he would have upheld the tribes’ legal victory on redistricting.
Wednesday's decision and the Arkansas ruling "create circuit splits” on the Section 2 and Section 1983 issues because the 8th Circuit is the only court to rule in such a way in both instances, Gaber said. The tribes and their attorneys are discussing and considering appeal options, he said.
The 2-1 ruling is a reversal for the two tribes, who had successfully challenged North Dakota's 2021 redistricting map, alleging it dilutes their voting strength.
The tribes wanted to share a single legislative district, electing a state senator and two House members, making it more likely that all three would be Native American. The 2021 plan split them into different districts. The court-ordered plan gave the tribes what they wanted.
Spirit Lake, Turtle Mountain and several tribal citizens alleged that the 2021 map drew the lines so that while Turtle Mountain members still could elect a House member, the Spirit Lake members could not.
In late 2023, U.S. District Court Chief Judge Peter Welte ruled after a trial, saying the Legislature's map “prevents Native American voters from having an equal opportunity to elect candidates of their choice" in violation of the Voting Rights Act's Section 2.
In early 2024, the judge ordered a new map into place with a joint district for the two tribes. Their reservations near the Canadian border and in northeastern North Dakota, respectively, are about 60 miles (97 kilometers) apart. Later that year, voters elected three Native Americans, all Democrats, to the district's seats.
Republican Senate Majority Leader David Hogue said the 2021 boundaries the Legislature drew “will be the boundaries." Somehow officials will have to address the seats of incumbents affected by the boundaries at question, potentially by special election, he said.
“I think the Legislature was very comfortable with the fairness of the boundaries that they drew in 2021, and I think we should endeavor to uphold those boundaries,” Hogue said.
In a statement, Secretary of State Michael Howe's office said it will now work with the 2021 map in place for the 2026 elections, “pending any further actions.”
Republicans control North Dakota's Legislature by 83-11 in the House and 42-5 in the Senate. The state's biennial legislative session concluded earlier this month.
Associated Press reporter John Hanna contributed from Topeka, Kansas.
FILE - Sunlight illuminates the exterior of the North Dakota House of Representatives and the state Capitol tower in Bismarck, N.D., on Nov. 10, 2023. (AP Photo/Jack Dura, File)
WASHINGTON (AP) — A day after the audacious U.S. military operation in Venezuela, President Donald Trump on Sunday renewed his calls for an American takeover of the Danish territory of Greenland for the sake of U.S. security interests, while his top diplomat declared the communist government in Cuba is “in a lot of trouble.”
The comments from Trump and Secretary of State Marco Rubio after the ouster of Venezuela's Nicolás Maduro underscore that the U.S. administration is serious about taking a more expansive role in the Western Hemisphere.
With thinly veiled threats, Trump is rattling hemispheric friends and foes alike, spurring a pointed question around the globe: Who's next?
“It’s so strategic right now. Greenland is covered with Russian and Chinese ships all over the place," Trump told reporters as he flew back to Washington from his home in Florida. "We need Greenland from the standpoint of national security, and Denmark is not going to be able to do it.”
Asked during an interview with The Atlantic earlier on Sunday what the U.S.-military action in Venezuela could portend for Greenland, Trump replied: “They are going to have to view it themselves. I really don’t know.”
Trump, in his administration's National Security Strategy published last month, laid out restoring “American preeminence in the Western Hemisphere” as a central guidepost for his second go-around in the White House.
Trump has also pointed to the 19th century Monroe Doctrine, which rejects European colonialism, as well as the Roosevelt Corollary — a justification invoked by the U.S. in supporting Panama’s secession from Colombia, which helped secure the Panama Canal Zone for the U.S. — as he's made his case for an assertive approach to American neighbors and beyond.
Trump has even quipped that some now refer to the fifth U.S. president's foundational document as the “Don-roe Doctrine.”
Saturday's dead-of-night operation by U.S. forces in Caracas and Trump’s comments on Sunday heightened concerns in Denmark, which has jurisdiction over the vast mineral-rich island of Greenland.
Danish Prime Minister Mette Frederiksen in a statement that Trump has "no right to annex" the territory. She also reminded Trump that Denmark already provides the United States, a fellow member of NATO, broad access to Greenland through existing security agreements.
“I would therefore strongly urge the U.S. to stop threatening a historically close ally and another country and people who have made it very clear that they are not for sale,” Frederiksen said.
Denmark on Sunday also signed onto a European Union statement underscoring that “the right of the Venezuelan people to determine their future must be respected” as Trump has vowed to “run” Venezuela and pressed the acting president, Delcy Rodriguez, to get in line.
Trump on Sunday mocked Denmark’s efforts at boosting Greenland’s national security posture, saying the Danes have added “one more dog sled” to the Arctic territory’s arsenal.
Greenlanders and Danes were further rankled by a social media post following the raid by a former Trump administration official turned podcaster, Katie Miller. The post shows an illustrated map of Greenland in the colors of the Stars and Stripes accompanied by the caption: “SOON."
“And yes, we expect full respect for the territorial integrity of the Kingdom of Denmark,” Amb. Jesper Møller Sørensen, Denmark's chief envoy to Washington, said in a post responding to Miller, who is married to Trump's influential deputy chief of staff Stephen Miller.
During his presidential transition and in the early months of his return to the White House, Trump repeatedly called for U.S. jurisdiction over Greenland, and has pointedly not ruled out military force to take control of the mineral-rich, strategically located Arctic island that belongs to an ally.
The issue had largely drifted out of the headlines in recent months. Then Trump put the spotlight back on Greenland less than two weeks ago when he said he would appoint Republican Gov. Jeff Landry as his special envoy to Greenland.
The Louisiana governor said in his volunteer position he would help Trump “make Greenland a part of the U.S.”
Meanwhile, concern simmered in Cuba, one of Venezuela’s most important allies and trading partners, as Rubio issued a new stern warning to the Cuban government. U.S.-Cuba relations have been hostile since the 1959 Cuban revolution.
Rubio, in an appearance on NBC's “Meet the Press,” said Cuban officials were with Maduro in Venezuela ahead of his capture.
“It was Cubans that guarded Maduro,” Rubio said. “He was not guarded by Venezuelan bodyguards. He had Cuban bodyguards.” The secretary of state added that Cuban bodyguards were also in charge of “internal intelligence” in Maduro’s government, including “who spies on who inside, to make sure there are no traitors.”
Trump said that “a lot” of Cuban guards tasked with protecting Maduro were killed in the operation. The Cuban government said in a statement read on state television on Sunday evening that 32 officers were killed in the U.S. military operation.
Trump also said that the Cuban economy, battered by years of a U.S. embargo, is in tatters and will slide further now with the ouster of Maduro, who provided the Caribbean island subsidized oil.
“It's going down,” Trump said of Cuba. “It's going down for the count.”
Cuban authorities called a rally in support of Venezuela’s government and railed against the U.S. military operation, writing in a statement: “All the nations of the region must remain alert, because the threat hangs over all of us.”
Rubio, a former Florida senator and son of Cuban immigrants, has long maintained Cuba is a dictatorship repressing its people.
“This is the Western Hemisphere. This is where we live — and we’re not going to allow the Western Hemisphere to be a base of operation for adversaries, competitors, and rivals of the United States," Rubio said.
Cubans like 55-year-old biochemical laboratory worker Bárbara Rodríguez were following developments in Venezuela. She said she worried about what she described as an “aggression against a sovereign state.”
“It can happen in any country, it can happen right here. We have always been in the crosshairs,” Rodríguez said.
AP writers Andrea Rodriguez in Havana, Cuba, and Darlene Superville traveling aboard Air Force One contributed reporting.
In this photo released by the White House, President Donald Trump monitors U.S. military operations in Venezuela, with Secretary of State Marco Rubio at Mar-a-Lago in Palm Beach, Fla., Saturday, Jan. 3, 2026. (Molly Riley/The White House via AP)
