TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS v. North Dakota Legislative Assembly, Movant - Appellant (2025)

United States Court of Appeals, Eighth Circuit.

TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS; Spirit Lake Tribe; Wesley Davis; Zachery S. King; Collette Brown, Plaintiffs - Appellees v. Michael HOWE, in his Official Capacity as Secretary of State of North Dakota. Defendant - Appellee North Dakota Legislative Assembly, Movant - Appellant
William R. Devlin, Representative also known as Bill Devlin; Senator Ray Holmberg, Representative; Senator Richard Wardner, Representative; Senator Nicole Poolman, Representative; Michael Nathe, Representative; Terry Jones, Representative; Claire Ness, Senior Counsel at the North Dakota Legislative Council, Movants Turtle Mountain Band of Chippewa Indians; Spirit Lake Tribe; Wesley Davis; Zachery S. King; Collette Brown, Plaintiffs - Appellees v. Michael Howe, in his Official Capacity as Secretary of State of North Dakota, Defendant - Appellee North Dakota Legislative Assembly, Movant - Appellant William R. Devlin, Representative also known as Bill Devlin; Senator Ray Holmberg, Representative; Senator Richard Wardner, Representative; Senator Nicole Poolman, Representative; Michael Nathe, Representative; Terry Jones, Representative; Claire Ness, Senior Counsel at the North Dakota Legislative Council, Movants

No. 23-3697, No. 24-1171

Decided: May 14, 2025

Before COLLOTON, Chief Judge, GRUENDER and KOBES, Circuit Judges.

The facts of this case are set out in Turtle Mountain Band of Chippewa Indians v. Howe, No. 23-3655 (8th Cir. May 14, 2025). In this appeal, North Dakota's Legislative Assembly seeks to intervene in Turtle Mountain Band of Chippewa Indians v. Howe to appeal the district court's order imposing the remedial map. Because we concluded in Turtle Mountain Band of Chippewa Indians v. Howe that the plaintiffs do not have a cause of action and, therefore, vacated the judgment of the district court, we dismiss this appeal as moot.

Having voted to affirm in No. 23-3655, I do not believe that these appeals should be dismissed as moot. I would affirm the district court's order denying the North Dakota Legislative Assembly's motion to intervene on the ground that the motion was untimely. See Fed. R. Civ. P. 24; United Food & Com. Workers Union, Local No. 663 v. U.S. Dep't of Agric., 36 F.4th 777, 780 (8th Cir. 2022). I would affirm the district court's order denying the Assembly's motion for extension of time to file a remedial plan, because the Assembly was afforded a reasonable opportunity to submit a plan, and no party to the case sought an extension of time.

GRUENDER, Circuit Judge.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law