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Supreme Court Case Tracker

Emergency application

Turtle Mountain Band of Chippewa Indians v. Michael Howe, Secretary of State of North Dakota

Granted
No. 25A62Stay applicationFiled by a private partyPresented to Justice KavanaughFrom United States Court of Appeals for the Eighth Circuit

What did the Court do?

The Court granted the request on July 24, 2025: the lower court's ruling is on hold while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Thomas, Justice Alito, and Justice Gorsuch would have ruled the other way.

Filed Ruled 9 days after filing

What's being asked

A private party asks the Supreme Court to pause (stay) a lower-court ruling from the United States Court of Appeals for the Eighth Circuit while the appeal continues. The case is Turtle Mountain Band of Chippewa Indians v. Michael Howe, Secretary of State of North Dakota.

What the Court did

Application (25A62) for stay presented to Justice Kavanaugh and by him referred to the Court is granted. The issuance of the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 23-3655, is stayed pending the filing and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, and Justice Gorsuch would deny the application.

Dissenting · 3recorded against the Court's order
  1. Thomaswould deny
  2. Alitowould deny
  3. Gorsuchwould deny
Vote not published · 6the order does not say how they voted
  1. Roberts
  2. Sotomayor
  3. Kagan
  4. Kavanaugh
  5. Barrett
  6. Jackson
The order records the positions of 3 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Days from filing to a ruling for 22 rulings on applications where the Court asked for a response since January 1, 2025. The band is the middle half, the tick the median, and the mark this application: ruled 9 days after filing.

What it means

This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the United States Court of Appeals for the Eighth Circuit.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A62. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked September 24, 2026