Decided

No. 23-969

Charles Walen, et al. v. Doug Burgum, Governor of North Dakota, et al.

from the United States District Court for the District of North Dakota

Docket Entries

Judgment Issued.

The appeal is dismissed with respect to Subdistrict 9A, and the judgment is affirmed with respect to Subdistrict 4A.

Supplemental brief of appellants Charles Walen, et al. filed.

DISTRIBUTED for Conference of 1/10/2025.

Supplemental brief of appellees Doug Burgum, et al. filed. (Distributed)

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of 6/6/2024.

Response of appellants Charles Walen, et al. to motion to dismiss or affirm and reply to appellees' response filed. (Distributed)

Memorandum of appellees Doug Burgum, Governor of North Dakota, et al. filed.

Motion to dismiss or affirm filed by appellees The Mandan, Hidatsa and Arikara Nation, Lisa DeVille, and Cesar Alvarez, Jr.

Brief amici curiae of Alabama, et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2024.

Motion to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk.

Statement as to jurisdiction filed. (Response due April 5, 2024)

Parties

Charles Walen, et al., Appellant, represented by Bryan Paul Tyson

Doug Burgum, in his official capacity as Governor of North Dakota, and Michael Howe, in his official capacity as North Dakota Secretary of State, Respondent, represented by Philip Axt

Doug Burgum, in his official capacity as Governor of North Dakota, and Michael Howe, in his official capacity as North Dakota Secretary of State, Respondent, represented by David H. Thompson

The Mandan, Hidatsa and Arikara Nation, Lisa DeVille, and Cesar Alvarez, Jr., Respondent, represented by John Ernest Echohawk

Amici Curiae

State of Alabama and 13 Other States, Amicus Curiae, represented by Edmund Gerard LaCour Jr.

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: April 18, 2026