231600P.pdf   06/06/2023  In Re: North Dakota Legislative Assembly  v.  
   U.S. Court of Appeals Case No:  23-1600
   U.S. District Court for the District of North Dakota - Eastern   
   [PUBLISHED] [Colloton, Author, with Benton and Kelly, Circuit Judges] 
   Petition for a Writ of Mandamus. Several current or former members of the 
   North Dakota Legislative Assembly and a legislative aide seek relief from 
   district court orders directing them to comply with subpoenas for 
   documents or testimony in a civil case brought against the state alleging 
   violations of Section 2 of the Voting Rights Act. Petitioners assert a 
   claim of legislative privilege and the conditions for assertion of the 
   privilege are plainly satisfied here; the writ is granted in part, and the 
   district court is directed to quash the subpoenas for petitioner Devlin to 
   testify and for petitioners Holmberg, Wardner, Poolman, Nathe, Devlin, and 
   Ness to produce documents and other information; the petition is denied as 
   to the subpoena for petitioner Jones to produce documents as the district 
   court enforced that subpoena on the alternative ground that Jones waived 
   his legislative privilege by testifying at a preliminary injunction 
   hearing in another case concerning redistricting. Judge Kelly, concurring 
   in part and dissenting in part.