A federal appeals court has ruled Missouri must use a congressional map passed last year at the behest of President Donald Trump for the November 3rd elections.
But the 8th Circuit Court of Appeals' decision is on hold while opponents of the 2025 map aimed at ousting Democratic Congressman Emanuel Cleaver appeal the decision to the U.S. Supreme Court.
Last year, Missouri Republicans passed a new congressional map targeting Cleaver by splitting his safely Democratic district in Kansas City into three rural-dominated districts. A group called People Not Politicians gathered enough signatures to put the map up for referendum — which, under the Missouri Constitution, prevented the new lines from going into effect.
Four GOP plaintiffs, including Congressman Bob Onder and state Sen. Rick Brattin, sued in federal court after the Missouri Supreme Court affirmed that congressional maps are subject to a referendum and the 2025 lines never went into effect. On Monday, the 8th Circuit ruled that using the 2022 map constituted a violation of the equal protection clause of the U.S. Constitution — and ordered U.S. District Judge Stephen Clark to issue a permanent injunction allowing the use of the 2025 map.
"A congressional primary selects the candidates who will compete to represent a particular district, and the general election determines which of those candidates will represent that same district," stated the opinion from a three-judge panel. "[The U.S. Constitution's] right to participate in the procedure of choosing a member of Congress requires continuity in the constituency throughout all stages of a single election. Changing district lines between the primary and general election prevents an affected voter from participating in either district's complete procedure of choice."
But the 8th Circuit stayed its ruling until Sept. 28. That means the Missouri Supreme Court's ruling requiring the state to use the 2022 maps remains in effect while People Not Politicians appeals the case.
Chuck Hatfield, an attorney for People Not Politicians, said he plans to appeal the decision all the way to the Supreme Court. He expects the high court to stay the ruling, paving the way for the 2022 map to be in effect, because military ballots have already gone out and early voting will already be underway by Sept. 28.
"I think the Supreme Court of the United States has been pretty clear that the federal courts are prohibited from interfering in elections this close to Election Day, and I think this is kind of a classic example of why that should not be done," Hatfield said. "Votes have already been cast by military members. Absentee balloting for those with excuses will start tomorrow."
In an interview with St. Louis Public Radio, Onder was less certain the U.S. Supreme Court would get involved — even though the high court declined to overrule the Missouri Supreme Court's decision on Sept. 8 and placed a stay with no noted dissents on Clark's temporary restraining order.
"So really, the question is whether 1.2 million Missouri voters would be disenfranchised by an activist Missouri Supreme Court," Onder said. "And I think today the 8th Circuit said no… they would not be. That those votes cast on August 4 would count. I think it's a big victory for democracy and for the rule of law. "
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