Oral arguments were heard this week in a legal fight over redistricting outcomes for North Dakota tribal lands.

About a year ago, North Dakota was ordered to adopt a new legislative map after the Spirit Lake Tribe and Turtle Mountain Band of Chippewa Indians, along with some individual voters, filed a lawsuit. They claimed the original map, updated after the 2020 census, illegally diluted Native American voting rights.

Samantha Blencke, senior staff attorney for the Native American Rights Fund, said they are now trying to defend redistricting victories in the appeals process, as state leaders push back on recent developments.

"I think the big point here is these are extreme arguments, they go against decades and decades of precedent," Blencke asserted.

The arguments to which she refers are from the North Dakota Secretary of State's office. In its appeal of the decision to order new political boundaries, it contended private citizens cannot pursue legal action under certain sections of the Voting Rights Act. The state argued its efforts did not violate federal law. Blencke anticipates a decision fairly soon but stressed the legal proceedings have no effect on this fall's election.

However, Blencke pointed out a favorable ruling for the state could affect future elections.

"The Legislature could adopt a new remedial map and propose that to the district court to review, to see if it also remedies the vote dilution," Blencke explained.

But legal groups assisting the tribes do not want to reach that point and would prefer to stick with the court-ordered map. According to the Native American Rights Fund, the 2020 census showed the number of Native voters in North Dakota grew to nearly 6% of the state's voting-age population but added the legislature adopted a district map reducing the number of candidates Native voters could elect in the northeastern part of the state.

By Amy Felegy for Arts Midwest.
Broadcast version by Judith Ruiz-Branch for Wisconsin News Connection reporting for the Arts Midwest-Public News Service Collaboration

Patty Loew attended five screenings of a new film this year. She wasn't joining box office masses at Wicked or Inside Out 2, but Bad River: A Story of Defiance.

The independent documentary, directed by Mary Mazzio and released in March, drew in masses of its own. AMC Theatres put it up on select big screens across the United States. Peacock started streaming it last month.

The documentary highlights longstanding issues facing the Bad River Band of Lake Superior Chippewa in northern Wisconsin. Loew 'Waswaagonokwe' (Torch Light on the Water Woman) is a citizen.

She and other Band members are interviewed in the film, which explores tragic boarding school histories and how members of the Band have faced violence and racism.

The documentary heavily focuses on the Line 5 dispute between the Band and Canadian energy company Enbridge. Loew, who recently retired as director of the Center for Native American and Indigenous Research at Northwestern University (among many other titles), addresses it in the film.

"My little tribe is standing up and saying, 'We're protecting the water, not just for us. We're protecting water for the planet.'"

Behind the Struggle

As it stands, 12 miles of a crude oil and natural gas pipeline run through Bad River land, constructed in 1953. In 2017, Bad River's tribal council voted against renewing the company's rights to use their land. It led to years of protests and activism when Enbridge refused to leave. Last summer, a federal judge gave Enbridge three years to shut down the pipeline on the reservation.

That reservation includes just under 40 miles of Lake Superior shoreline, thousands of wetland acres, and hundreds of miles of streams, rivers, and tributaries.

The documentary shows its beauty. Think grandiose drone shots and stunning water imagery.

"Bad River is where I go when I need my batteries recharged, when I need time to reflect, when I just need to get back in touch with things that make me happy," Loew says.

Last month, the Wisconsin Department of Natural Resources issued construction permits for Line 5 to reroute 41 miles south of the reservation and exit Bad River lands by 2026.

But Loew and other Band members who are interviewed in the film say that isn't enough to protect Mashiiziibii land and nearby areas from a potential pipeline burst. They want it shut down.

Enbridge lawyers and the U.S. government say they can't, citing a 1977 energy treaty with the Canadian government. But Bad River citizens say Ojibwe treaties, which established reservations and land rights, predate that by over 100 years.

"If such a rupture were to occur, nearly one million gallons of oil would spill into the river, flowing into Lake Superior and devastating the wild rice beds and fishing populations central to the Band's way of life," stated 30 Midwestern Native Nations in a letter to the White House in February.

There have been over 20 spills along the Line 5's 645-mile route since 1968, including over 14,000 gallons in Bad River land in 1972.

Despite the continued debate, Loew has hope.

"The right thing will eventually happen," she says.

"I think everyone-whether you live in a red or a blue state, or whether you are Native or non-Native-[wants] clean water and clean air, not just for themselves, but for their children and grandchildren."


Amy Felegy wrote this story for Arts Midwest.


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Arizona State University has developed a new tool that they hope will help researchers analyze connections between illnesses and health determinants within Indigenous populations. The Indigenous Health Research Dashboard is an online repository of peer-reviewed, published studies that focus on medical conditions and diseases impacting Indigenous health since 2020.

Angela Gonzales, a member of the Hopi Tribe in Northern Arizona, and an ASU professor and director of the American Indian Studies Program, said it is important for her to be a part of an initiative that aims to move the needle for Indigenous health equity. She explains that she has seen firsthand the "devastating impacts" of limited access to health care in Native communities.

"By having it public available and accessible, when tribes are interested in trying to find out the latest research, for instance let's say on COVID-19 vaccinations, they have a one stop source to be able to access a lot of that information. You can search by keywords, can search by key topics, it breaks it down into regions," she said.

Gonzales added that the dashboard is what she calls 'bio-directional,' meaning it's an effort that is driven by what tribal partners have identified as major health concerns, and said the project has also allowed students to develop their research skills and learn to synthesize information. They are currently recruiting students to be a part of the team that will continue working on the initiative next year. She hopes they're able to capture a more 'holistic' and historical view of health trends and findings.

Gonzales says they're ramping up outreach efforts to ensure public health professionals and medical providers in Indigenous communities know about the useful resource. But she adds that Native communities have already expressed the need for such information.

"If you're a tribal health professional, the opportunity to do research, it takes away from your other responsibilities that are oftentimes more pressing. By having this dashboard available, they can go right to it," she continued.

Gonzales said that Indigenous health equity has been improving in recent years, but she says as an academic she hopes researchers do better to create a stronger 'knowledge bridge,' and develop resources that are use-inspired. She feels the dashboard is a step in that direction.


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The state of Washington is helping Native Americans access health care after decades of barriers.

Health insurers have made it difficult for tribal members to get care covered, despite state and federal laws that bar this.

Vicki Lowe is the executive director of the American Indian Health Commission, which has led efforts to remove hurdles for Native Americans.

She said health insurers would try to make tribal clinics charge out-of-network rates, and wouldn't honor their referrals.

However, the Washington State Office of the Insurance Commissioner has come out with guidance to prevent this.

"Not only will tribes have more money to help pay for services for their tribal members, tribal members will get care in a more timely manner," said Lowe. "So those two things just are really important, and insurance companies have been a barrier for that for decades."

Washington is among the first states to move forward with guidance for insurers and also enforcement of the law so that insurers will stop putting up roadblocks for tribal members to get care in the state.

Todd Dixon is the deputy commissioner for consumer protection and the tribal liaison for the Office of the Insurance Commissioner.

He said one reason for releasing the guidance was that the agency has seen an uptick in complaints - the number one compliant typically coming from billing managers at clinics.

"It says, 'Hey, we have an enrolled member. He or she was seen at our clinic. We billed the insurance company. They said we're out of network and so "we're only paying 60%." And then they send a bill to the enrolled member,'" said Dixon. "It's not how it works."

The Insurance Commissioner's office has been sending notices to insurers who violate protections for Native Americans.

Lowe said before they got involved, tribes fighting with insurers on their own were getting them nowhere. But it's different with the state backing them.

"Knowing that if somebody violates these laws that they're going to get that outreach from the insurance commissioner and that they have 15 days to respond," said Dixon. "Where if a tribe asked them, they would maybe not respond or respond in some convoluted way - it's a power shift to really have the state agency behind this."