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Federal appeals hearing in Missouri could send election map fight back to the U.S. Supreme Court
An Eighth Circuit panel said it will move quickly as the November election approaches. The case pits the state, referendum backers and plaintiffs seeking to preserve a redistricting plan that would favor Republicans in seven of eight U.S. House seats.
Missouri’s fight over its congressional map appears headed for another possible stop at the U.S. Supreme Court after a hearing in the Eighth Circuit, Courthouse News reported. The three-judge panel signaled it will issue a fast decision because election deadlines are approaching.
The disputed plan would give Republicans an advantage in seven of Missouri’s eight U.S. House districts. The current split is 6-2. U.S. Circuit Judge James B. Loken said at the end of the hearing that the high court may have to weigh in again once the appellate court rules.
The conflict has stretched deep into election season. Opponents of the map submitted more than 300,000 signatures to place it before voters in a referendum, but Missouri Secretary of State Denny Hoskins rejected that route, arguing the state constitution does not allow referendum petitions on congressional redistricting.
Missouri’s Supreme Court later threw out a lower-court ruling that had favored Hoskins and said the referendum petition suspended the new districts retroactively until voters approve them, even though those lines were already used in the August primary.
On Sept. 8, U.S. Supreme Court Chief Justice Brett Kavanaugh denied emergency relief sought by the state, leaving the Missouri Supreme Court ruling in place. But later that same day, U.S. District Judge Stephen R. Clark reinstated the challenged map, finding that using different maps in the primary and the general election would disenfranchise voters, according to Courthouse News.
After that order, Hoskins said he would follow the federal ruling and directed local election officials to use the Republican-backed map. Missouri’s Supreme Court responded with a contempt order. On Sept. 10, the U.S. Supreme Court barred use of that map in the November election, without notable dissents, while the Eighth Circuit appeal moves forward. Later that day, the state high court found Hoskins in contempt but reversed that step after he agreed to use the 2022 map.
Much of Thursday’s hearing focused on whether People Not Politicians and its executive director, Richard von Glahn, have standing to take part. The group led the signature drive for the referendum. Judges noted that it was not a party in the federal case in which Clark ruled in favor of keeping the map in place.
Attorney Charles W. Hatfield, representing People Not Politicians, argued, according to Courthouse News, that without his client no one would defend the Missouri Supreme Court’s unanimous decision or state law. On the other side, Marc H. Ellinger, representing the plaintiffs who sued in federal court to preserve the map, said the intervenors lack standing because voters will ultimately decide the issue.
Missouri attorney Louis J. Capozzi also argued that the state supreme court’s ruling creates a dangerous precedent for legislative authority. In his view, if that approach stands, a small share of voters could force use of their preferred map for at least two years whenever the state redraws districts.
The panel also included U.S. Circuit Judges David R. Stras and Justin D. Smith. A ruling is expected soon as ballot and election administration deadlines draw near.
Sources
About this piece. Written by El Notero with AI assistance, from reporting published by the outlet cited above. El Notero did no original reporting on this story.
