8th Circuit decision in Missouri congressional map case appealed to U.S. Supreme Court
COLUMBIA, Mo. (KMIZ)
A group wanting to bar the state from using a 2025 congressional map says it has appealed a federal appeals court decision denying its case to the U.S. Supreme Court.
The Eighth Circuit Court of Appeals on Wednesday turned down People Not Politicians’ appeal meant to overrule a federal district judge’s decision ordering Missouri officials to use the 2025 map in the November election.
People Not Politicians said about an hour later that he had submitted an appeal of that decision to Supreme Court Justice Brett Kavanaugh. Kavanaugh later ordered for defendants in the case, including U.S. Rep. Bob Onder to respond to PNP’s filing by 9 a.m. Thursday.
People Not Politicians had filed an emergency appeal late Tuesday with the Eighth Circuit Court of Appeals to reverse an order by Eastern District of Missouri Judge Stephen Clark requiring the use of the 2025 map.
The court specifically stated Hoskins is not allowed to use “any congressional district map other than the HB 1 map for the November 3, 2026 general election.”
“The motion for a stay pending appeal is denied because we either lack jurisdiction over the appeal or, based on the briefing we have so far, the stay factors have not been met,” the appeals court wrote. The appeal was filed in a case brought by U.S. Rep. Bob Onder after a Missouri Supreme Court decision last week striking down the map.
The order went on to say that the court normally lacks jurisdiction to hear an appeal of a temporary restraining order, like that granted by the lower court ordering the new map’s use.
Clark granted a temporary restraining order Tuesday to Missouri Secretary of State Denny Hoskins in a lawsuit brought by candidates, preventing Hoskins from using any map except for the “Missouri First” map for the November election. Clark ruled that the primary election is integral to the voting process and that switching maps before the general election would cancel primary votes.
Hoskins later announced plans to follow Clark’s order, despite also being ordered not to use the “Missouri First” map by the Missouri Supreme Court.
PNP 8th circuit appealDownloadPeople Not Politicians argues Clark was wrong and that the 2022 congressional map is the status quo.
“Secretary Hoskins has already sent the certification to [local election authorities] and directed local election clerks to begin implementing the Missouri Supreme Court’s order using the 2022 Map. The TRO does not preserve the status quo; it disrupts it,” PNP wrote in its appeal.
PNP added that a single judge does not have the authority to decide on congressional districts and that the decision required a three-judge panel.
According to Dave Roland, Senior Legal Advisor at the Freedom Center of Missouri, the orders from the state and federal courts may not technically conflict. However, reading them together could leave Missouri unable to use either congressional map, putting the state in uncharted legal territory.
The secretary of state can, in fact, comply with both orders, if he says, ‘All right, we’re not going to use any district maps,’ but who knows how that’s going to work?” Roland said. “This is a completely unprecedented situation, so everyone is flying by the seat of their pants right now, no one is certain exactly how this situation is going to resolve.
The group’s application with the U.S. Supreme Court states that Clark had no jurisdiction to issue the restraining order, that federal courts shouldn’t intervene in ongoing state litigation and that the state is likely to lose its case.
People Not Politicians v. Onder Emergency Stay ApplicationDownloadMeanwhile, the Missouri Supreme Court has ordered Hoskins to appear by 10 a.m. Thursday to defend himself against PNP’s claims that he is in contempt of court for using the 2025 map.
“Although nothing in that order requires the Secretary to use the HB 1 maps, he [Denny Hoskins] immediately announced that he intends to do so,” PNP’s legal team wrote. “The federal court has no authority to overrule the Missouri Supreme Court’s determination that HB 1 is not and hasnever been the law. Nor does anything in the federal court’s order claim to ‘take precedence over the Missouri Supreme Court’s order.’ “
Hoskins, represented by Missouri Attorney General Catherine Hanaway’s office, responded by asking the federal court to issue an order overruling the Missouri Supreme Court’s decision.
“Even if the Missouri Supreme Court does not hold the Secretary in contempt, the ongoing voter confusion and disruption of preparations for the November 3, 2026 general election inflict irreparable harm on the State,” the state wrote. “Defendant respectfully requests that the Court resolve the State’s Motion to Enjoin the Missouri Supreme Court as expeditiously as possible.”
The state and People Not Politicians have entered appearances for both the appeals case and the Missouri Supreme Court’s contempt hearing.
Attorney General Catherine Hanaway then filed a motion with the Eastern District court to prevent the Missouri Supreme Court from finding Hoskins in contempt.
The ACLU filed in the Eastern District case, claiming the district court’s temporary restraining order violates federal law.
These cases come after an almost year-long legal battle between the state and People Not Politicians, with the Missouri Supreme Court ultimately deciding the 2022 congressional map should be in place for the November election and putting the Missouri First map on the ballot for the voters to decide.
The new map — approved by the Republican majority in the Missouri General Assembly last year — targets Missouri’s Fifth Congressional district. The seat is currently held by Democratic Rep. Emanuel Cleaver. The new map would fold the district into three others and that would be stretched across several rural areas of the state, giving Republicans an advantage.
The uncertainty over the “true” Missouri map comes less than two months away from the November election, with all county clerks in counties affected by redistricting ordered to hold off on printing ballots by the Missouri Association of County Clerks and Election Authorities.
The main concern is whether ballots will be available for Sept. 18, when military and overseas ballots are sent out. Full absentee voting is expected to start on Sept. 22.
“Counties that are affected by the redistricting need a final ruling to determine which district and candidates to include on the ballot. Counties that are not affected can proceed with printing ballots,” MACCEA President and Scott County Allen Seabaugh said in a statement.
Boone County Clerk Brianna Lennon told ABC 17 News that the county is doing what they can, including setting polling locations and training election judges.
Moniteau County Clerk Roberta Elliott also said that her office was prepared to personally receive the completed ballots from their printing vendors instead of getting them shipped to the office by mail.
Callaway County Clerk Ronda Miller added, “Our vendors that print our ballots will be working around the clock to get ballots printed once this is all determined.”
“We’re hoping to be able to have everything finalized because we don’t really want to end up in a situation where the balance changes after absentee voting has started,” Lennon said, “It’s certainly not ideal and I think that it will probably cause some additional heartburn in trying to make up the time.”
Click here to follow the original article.