North Dakota
Supreme Court upholds North Dakota’s majority-Native legislative subdistricts • North Dakota Monitor
The U.S. Supreme Court settled a North Dakota voting rights case Monday, leaving in place two majority-Native American subdistricts challenged as unconstitutional.
“I’m glad that it’s finally been resolved,” said Rep. Lisa Finley-DeVille, a citizen of the Mandan, Hidatsa and Arikara Nation who represents one of the subdistricts. “It’s very important that we’re able to represent our needs at the table.”
The lawsuit, brought by two non-Native North Dakota residents, alleged that the subdistricts are racial gerrymanders — meaning the Legislature established them based predominantly on the racial makeup of their communities, rather than looking at other criteria like geography, population size or the political interests of residents. The plaintiffs argued the Legislature relied heavily on anecdotal evidence, not legitimate research, when it created the districts.
The plaintiffs claimed the subdistricts violate the Equal Protection Clause of the 14th Amendment by strengthening the voting power of Native American residents at the expense of constituents who aren’t Native American.
Native Americans gain representation in North Dakota Legislature as Republicans keep supermajority
The Legislature established the two subdistricts in 2021. District 4A follows the boundaries of the Fort Berthold Reservation, while District 9A includes the Turtle Mountain Reservation and some surrounding communities.
A three-judge district court panel found in 2023 that the map was constitutional.
The panel wrote that even if the Legislature did look to race when making the map, federal courts have previously found that states may consider race in a “narrowly tailored” capacity when drawing district lines to comply with the Voting Rights Act.
Unsatisfied with that decision, the plaintiffs asked the U.S. Supreme Court to send the lawsuit back to a lower court for further proceedings, or to accept the case.
The high court on Monday dismissed the appeal of District 9A and affirmed the district court’s decision on District 4A. The court did not explain its reasoning.
Robert Harms, an attorney representing the plaintiffs, called the decision disappointing.
“The troubling aspect of this whole case is that the North Dakota Legislature didn’t have in front of it any statistical analysis,” he said Monday.
The lawsuit was filed by Charles Walen and Paul Henderson, both of whom are former district chairs for the North Dakota Republican Party, Harms said. Walen last year successfully ran as a Republican for a District 4 state Senate seat.
The boundaries of District 9A and District 9B changed for the 2024 election after a federal judge imposed a new map following a separate voting rights lawsuit brought by the Turtle Mountain Band of Chippewa.
The MHA Nation, Finley-DeVille and MHA citizen Cesar Alvarez joined Walen and Henderson’s lawsuit on the side of the state, arguing that the Legislature had gathered sufficient evidence to warrant the creation of the subdistricts.
That included testimony from tribal representatives, information about the use of subdistricts for Native American reservations in South Dakota and previous redistricting litigation, according to a brief filed by the MHA Nation, Finley-DeVille and Alvarez.
MHA Chairman Mark Fox testified during the redistricting process that candidates favored by Native residents of District 4 had been repeatedly defeated by the district’s white majority.
The plaintiffs disagreed. In one response, they argued that even before the subdistricts were created, voters in District 4 and District 9 were able to elect Native lawmakers to the Legislature, and that therefore the subdistricts are not necessary. The brief cites Rep. Dawn Charging and Sen. Richard Marcellais as two Indigenous lawmakers elected in District 4 and District 9, respectively.
The U.S. Department of Justice in a December brief advised the Supreme Court against considering the case.
In an unusual move, North Dakota came out against the district court’s ruling, despite that the court had ruled in the state’s favor. In a memo filed this spring, the state said that the Legislature did not rely on race as a predominant factor in the redistricting process, and that the district court was wrong to rule that such behavior would be permissible in any circumstance. The state asked the Supreme Court to send the case back to district court for further proceedings.
“We said before and we maintain now that race was not the predominant motivator for the redistricting,” North Dakota Attorney General Drew Wrigley said Monday.
The Supreme Court has taken up two other voting rights cases challenging a majority-Black district in Louisiana as racial gerrymandering.
In a 2023 voting rights case, Allen v. Milligan, the U.S. Supreme Court ruled 5-4 that Alabama had violated the Voting Rights Act when it created only one majority-Black district, finding that this unlawfully weakened the power of Black voters in the state.
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North Dakota
Destination Fordville to hold Fordville Fall Festival Saturday, Nov. 15 – hotdishes, mural unveiling and more
FORDVILLE, N.D. — A town in northwest North Dakota welcomes visitors to a fall festival, unveiling a piece of art crafted by a regional artist.
Destination Fordville, a nonprofit with the goal of improving the city with family friendly activities, announced in a press release the Fordville Fall Festival will be held Saturday, Nov. 15.
“The Fordville Fall Festival is all about celebrating creativity, community and the small town spirit that makes our region shine,” the release said. “We’re proud to showcase our local talent and bring people together for a fun, family friendly evening.”
The festival starts with the unveiling of a mural created by Hilary Nowatzki as part of the Rendezvous Region Mural Series, supported by the Rendezvous Region Tourism Council, North Dakota Department of Commerce’s Vibrancy Grant, the North Dakota Council on the Arts’ Community Arts Access Grant and Destination Fordville, the release said. The mural is located on the lot next to City Hall. The unveiling will be held at 4 p.m.
Other activities and events include the Hotdish Hoedown and the Apple/Pumpkin Throwdown at the Wells Drinking Well from 4 to 6:45 p.m. There will also be apple bobbing, a tattoo station and games for both kids and adults. Hayrides will be offered outside the Community Center. There will also be firepits guests can use to make s’mores, the release said.
All events are free and open to the public.
The full schedule for the festival and updates regarding the events are available at Destination Fordville’s Facebook page.
Our newsroom occasionally reports stories under a byline of “staff.” Often, the “staff” byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. At times, this byline is used when a news story includes numerous authors or when the story is formed by aggregating previously reported news from various sources. If outside sources are used, it is noted within the story.
North Dakota
North Dakota visits UC Riverside after Henderson’s 27-point game
North Dakota Fightin’ Hawks (1-3) at UC Riverside Highlanders (2-1)
Riverside, California; Saturday, 5 p.m. EST
BOTTOM LINE: UC Riverside plays North Dakota after Andrew Henderson scored 27 points in UC Riverside’s 82-68 loss to the New Mexico Lobos.
UC Riverside finished 21-13 overall with a 14-1 record at home during the 2024-25 season. The Highlanders allowed opponents to score 75.0 points per game and shoot 44.9% from the field last season.
North Dakota finished 12-21 overall a season ago while going 2-12 on the road. The Fightin’ Hawks averaged 12.3 points off of turnovers, 13.4 second-chance points and 4.4 bench points last season.
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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
North Dakota
North Dakota lawmakers dig into subsidizing online college classes for out-of-state students
BISMARCK — Representatives of North Dakota colleges on Wednesday, Nov. 12, espoused the value of offering online classes, even to students who may never set foot in the state.
State lawmakers have been trying to assess the value of providing state funding to online programs serving students outside North Dakota and neighboring states.
“We are still highly subsidizing,” Sen. Ron Sorvaag, R-Fargo, chair of the Higher Education Funding Review Committee, said of online classes. “We still need to understand, are we getting a bang for the buck?”
A
University System presentation
said the state is spending about $22 million on online courses for out-of-state students for the most recent two-year budget cycle. That doesn’t include online students from Minnesota, Montana or South Dakota.
Michael Achterling / North Dakota Monitor
Sorvaag said legislators aren’t opposed to online education, but want to make sure the dollars that go to online courses through the state’s higher education funding formula are being used wisely.
The committee will consider possible changes to the funding formula that could be made in the 2027 legislative session.
Much of the discussion centered on out-of-state, online students. In 2021-23, the University System had nearly 9,000 out-of-state, online students who were not residents of neighboring states, according to figures presented to the committee. Total enrollment for those two years was more than 77,000 students.
Karla Mongeon-Stewart, vice president of finance for the University of North Dakota, addressed value by saying that UND students in that category contribute $2.09 in tuition and fees for every $1 of state funding.
She said online students pay the same fees as on-campus students that help maintain buildings, pay down debt and keep fees for things such as recreation facilities low for on-campus students.
She said revenue from online students has helped keep UND financially stable at times when on-campus enrollment has waned.
Mongeon-Stewart also highlighted how UND has built a reputation as a credible online institution that reflects positively on the whole state. She gave examples of Sara Sabry, an Egyptian astronaut, and Paige Jones, an Olympic-level skier from Utah, who chose to take classes from UND.
She said UND also serves the military community and the two Air Force bases in the state. People living at a base may start their education in North Dakota but end up being deployed or transferred to another state.
UND and Bismarck State College lead the North Dakota University System in online credit hours.
UND’s most popular courses are nursing and engineering. Mongeon-Stewart said the additional enrollment from online students helps diversify the engineering course offerings the university can offer.
Bismarck State’s most popular classes are related to the energy industry.
Dan Leingang, interim president of Bismarck State College, said some of those students may not be seeking a degree but needing training to succeed with their current employer.
His
written testimony
included letters of support from Ron Ness, president of the North Dakota Petroleum Council, and Jonathan Fortner, president and CEO of the Lignite Energy Council.
In other higher education meetings this fall, lawmakers have shown frustration with a lack of data on where out-of-state online students are living.
Mongeon-Stewart said there has not been consistency in how North Dakota’s 11 public colleges and universities track out-of-state online students, but the institutions are working on a uniform model.
She said she hopes it will include information such as a North Dakota affiliation, like being a graduate from a high school or college in the state.
“We are going to work really hard to do a better job in the future of giving you what you need,” she told lawmakers.
Sorvaag said he was grateful for the presentations on out-of-state online students, but added that the Legislature must still decide if subsidizing those courses is the best use of state money. Lawmakers could decide state dollars are better spent in other areas, such as supporting scholarships for in-state students, he said.
The question is part of a larger potential overhaul of the state’s funding formula for higher education.
“The more we dig into this, the more we understand how complicated this is,” Sorvaag said.
This story was originally published on NorthDakotaMonitor.com.
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