Supreme Court Passes on New Congressional Map

The U.S. Supreme Court on Thursday passed on a federal judge’s order requiring Missouri to use its newly drawn congressional map in November, while the Missouri Supreme Court found Secretary of State Denny Hoskins in contempt for directing local election officials to use that same map.

The U.S. Supreme Court’s unsigned order stayed Chief U.S. District Judge Stephen Clark’s Sept. 8 order, putting the state back on track to use the 2022 congressional map for the November election. The justices did not issue an explanation for the decision, and no public dissents were noted.

The case is now on an expedited schedule before the 8th U.S. Circuit Court of Appeals, which ordered simultaneous briefs to be filed by Sept. 15. Oral arguments are scheduled for Sept. 17 at 10 a.m. and will be conducted remotely.

The 8th Circuit is considering an appeal of Clark’s order requiring Missouri to use the newer map, known as HB 1, in the November election.

The Supreme Court’s decision came less than two days after Justice Brett Kavanaugh declined to block a separate Missouri Supreme Court ruling that barred the state from using HB 1.

That ruling stemmed from a referendum petition filed by Richard von Glahn and People Not Politicians, which collected more than 300,000 signatures seeking to put the new congressional districts before voters.

Hoskins rejected the petition Aug. 4, the final day allowed under state law. The Missouri Supreme Court later ruled unanimously that the referendum was valid and that HB 1 had never taken effect because the referendum petition had been filed before the law could take effect.

The court ordered Hoskins to place the referendum on the November ballot and barred the state from using HB 1 unless voters approve it. The court specifically said the 2022 congressional districts remain in effect for the 2026 election.

Hoskins appealed that decision to the U.S. Supreme Court, but Kavanaugh declined to intervene Tuesday.

Hours later, Clark issued a temporary restraining order in a separate federal lawsuit brought by Congressman Bob Onder, another congressional candidate and two voters. Clark ordered Missouri to use HB 1, citing concerns that switching maps after the August primary would leave voters casting ballots for candidates they had not participated in nominating.

Von Glahn and People Not Politicians appealed Clark’s order to the 8th Circuit, which declined to immediately block it. They then asked the U.S. Supreme Court to intervene.

The high court granted that request Thursday, staying Clark’s order.

Hoskins in Contempt: The competing orders put Hoskins in the middle of the dispute.

After Clark ordered the state to use HB 1, Hoskins instructed local election officials to implement the new map, despite the Missouri Supreme Court’s Sept. 3 order barring its use.

The Missouri Supreme Court ordered Hoskins to appear Thursday and explain why his directive did not violate its ruling.

After a hearing Thursday afternoon, the court found Hoskins in contempt.

The court also determined that Hoskins had since corrected his conduct and purged himself of contempt, meaning it did not impose a further penalty.

Following the U.S. Supreme Court’s decision Thursday morning, Hoskins said his office would follow the Missouri Supreme Court’s order and direct local election authorities to use the 2022 map.

“Following the United States Supreme Court’s stay, the only governing court order in effect is from the Missouri Supreme Court,” Hoskins said. “In accordance with that order, my Office is directing local election authorities to use the 2022 congressional map.”

Hoskins had previously argued that Clark’s federal order required the state to use HB 1 and that changing maps again so close to the election could disrupt the administration of the November election.

The U.S. Supreme Court’s stay of Clark’s order, however, leaves the Missouri Supreme Court’s Sept. 3 ruling in place, with the 2022 map governing the November election for now.

8th Circuit Carries On: The underlying appeal will now move quickly through the 8th Circuit.

 

Under the court’s expedited schedule, the parties’ briefs are due Tuesday, Sept. 15, with oral arguments scheduled for Thursday, Sept. 17.

The plaintiffs who sought to use HB 1 will have 10 minutes for argument, the state and Hoskins will have 10 minutes, and von Glahn and People Not Politicians will have 20 minutes.

For now, the 2022 map is the governing congressional map for Missouri’s November election, while the legal battle over HB 1 continues.

The referendum on the new map remains on the November ballot, meaning voters will still have the opportunity to decide whether the new districts should take effect.