Eighth Circuit denies plaintiffs' motion to stay ruling ahead of Supreme Court appeal

The North Dakota Legislative Management meeting on July 11, 2025, focused on significant legal developments regarding a recent ruling by the Eighth Circuit Court of Appeals. Chairman Hogue opened the meeting by discussing the court's denial of a petition for rehearing en banc, which has implications for ongoing legal disputes.

Two days prior to the meeting, plaintiffs filed a motion to stay the Eighth Circuit's ruling while they prepare to appeal to the United States Supreme Court. This appeal aims to address a critical question that has resulted in differing interpretations across circuits. However, the Eighth Circuit denied this motion for a stay just yesterday, which is a pivotal moment in the case.

The denial means that the Eighth Circuit is required to issue its mandate within seven days, potentially allowing the ruling to take effect as early as next week. This ruling would enforce the boundaries established by the North Dakota legislative assembly during the 2021 session. However, there remains a possibility for the plaintiffs to request a stay from the Supreme Court, which could alter the timeline.

The meeting highlighted the urgency of the situation, with members acknowledging that they are currently in a holding pattern as they await further developments. The Eighth Circuit's brief explanation for denying the stay was simply one sentence: "This is denied."

As the situation evolves, the implications of the Eighth Circuit's ruling and any subsequent actions by the plaintiffs will be closely monitored by the legislative management and the public.