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WALEN v. BURGUM

Case No. 1:22-cv-31.

700 F.Supp.3d 759 (2023)

Charles WALEN and Paul Henderson, Plaintiffs, v. Doug BURGUM, in his official capacity as Governor of the State of North Dakota, and Michael Howe, in his official capacity as Secretary of State of the State of North Dakota, Defendants, and The Mandan, Hidatsa and Arikara Nation, Lisa DeVille, and Cesareo Alvarez, Jr., Defendants-Intervenors.

United States District Court, D. North Dakota.

Signed November 2, 2023.

Attorney(s) appearing for the Case

Robert W. Harms, Bismarck, ND, Paul R. Sanderson, Ryan J. Joyce, William J. Behrmann, Evenson Sanderson, PC, Bismarck, ND, for Plaintiffs.

Matthew A. Sagsveen, Courtney Rebecca Titus, James E. Nicolai, Office of the Attorney General, Bismarck, ND, Bradley Neuman Wiederholt, David R. Phillips, Bakke Grinolds Wiederholt, Bismarck, ND, for Defendants.

Michael Stephen Carter, Matthew Lee Campbell, Native American Rights Fund, Boulder, CO, Bryan L. Sells, Pro Hac Vice, Atlanta, GA, Mark Gaber, Molly Danahy, Nicole Hansen, Campaign Legal Center, Washington, DC, Samantha Blencke Kelty, Native American Rights Fund, Washington, DC, for Defendants-Intervenors.

Before WELTE, Chief District Judge, ERICKSON, Circuit Judge, and HOVLAND, District Judge.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

Plaintiffs Charles Walen and Paul Henderson move for summary judgment (Doc. 98) on their Equal Protection claim under the Fourteenth Amendment. They assert the subdivision of two North Dakota legislative districts are unconstitutional racial gerrymanders. Defendants North Dakota Governor Doug Burgum and Secretary of State Michael Howe (together, the "State") and Defendants-Intervenors the Mandan, Hidatsa, and Arikara ("MHA"...

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