Missouri Supremes Throw Out Districts After Primary

Horrible, ridiculous, unConstitutional and a Dark Day for “Justice” according to Legal Scholars.

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Our dear leader posted this on his family-owned social media platform last evening:

A tweet from Donald J. Trump discussing the Missouri Supreme Court's ruling on electoral maps, expressing concerns about its implications for upcoming elections.

The territory that is now Missouri was part of the Louisiana Purchase of 1803 and became a state almost exactly 205 years ago, on August 10, 1821. Both of those dates are somewhat past what we traditionally consider Ancient History,  3000 BC – AD 500, but suffice for social media purposes. Going back to 1800s districts would indeed be outrageous, in that the plain language of the Constitution would seem to require reapportionment after every decennial Census. So, ordering a return to anything before the 2022 districts would grossly violate the court’s fundamental duty.

Simultaneously intrigued and outraged, I hastened to look up the case to see how these rogue judges justified their perfidious interference in American democracy. I turned to the Associated Press (“Missouri court blocks Trump-backed US House map and orders it to be put to a vote“):

The Missouri Supreme Court has unanimously blocked new congressional districts backed by President Donald Trump from being used in the November election and ordered a statewide vote on whether to uphold or reject the new map.

So, rather than new districts backed by the leader of the free world, they imposed ones from antiquity? What the hell?!

Missouri’s new districts were used in the August primaries. But the state Supreme Court said they cannot be used in the November general election — or ever again, unless voters first uphold the new districts passed by the Republican-led Legislature.

The court ruled that the new districts were effectively placed on hold in December, when opponents submitted over 300,000 petition signatures seeking to put the map to a vote of the people. Republican Secretary of State Denny Hoskins waited until primary election day in August to reject the petition. He asserted that the referendum process cannot be used for congressional redistricting. A lower court agreed, but the Supreme Court overturned Hoskins’ decision.

“The referendum petition was legal, sufficient, and timely, and the secretary incorrectly concluded otherwise,” the court said in its ruling. The legislation containing the new districts “did not go into effect and will not go into effect unless and until approved by the voters.” As a result, the congressional map adopted after the 2020 census “remains in full force and effect for the November 2026 general election.”

Oh.

So, they’re using the same maps as in the last federal election? The one where Donald J. Trump was restored to the presidency? That doesn’t really seem all that ancient.

While I lived on an Army base in Missouri for a year a little over half a century ago, I must confess to not keeping up with its local affairs. I have no strong opinion about the workings of its referendum system, but it does seem a bit unusual for the state’s top election official to wait eight months to rule on a petition, coincidentally rendering it moot by doing so after the election using the district lines it was intended to challenge. In fairness, I’m sure he’s a busy man.

Still, this puts the state in something of a pickle.

Missouri Attorney General Catherine Hanaway, a Republican, said she would immediately appeal to the U.S. Supreme Court, asserting that the decision “has thrust our state into a full‑fledged constitutional crisis.”

[…]

Hanaway, whose office represented Hoskins, called the ruling an unprecedented violation of federal law. So did Republican Gov. Mike Kehoe, who proposed the new congressional map to lawmakers.

“Never before in American history has a court overturned a congressional map after a primary and before a general election,” Hanaway said in a statement.

For what it’s worth, Google’s AI confirms Hanaway’s historical claim.

It’s quite possible that the US Supreme Court will issue an emergency ruling on this. Otherwise, it’s in summer recess and won’t return to work until October 5, less than a month before the midterm election.

Assuming this ruling stands, it’s unclear what it means for those nominated in last month’s primaries. Will there be a do-over? Will the parties simply adjudicate it themselves?

As to the stakes, they’re relatively low in the grand scheme of things:

Missouri currently has six Republicans and two Democrats in the U.S. House.

After Trump urged Republicans to redraw congressional districts to their advantage, Kehoe called lawmakers into a special session last year to dramatically reconfigure the 5th Congressional District, held by Democrat Emanuel Cleaver.

Cleaver, who was unopposed in the August primary, has carried the Kansas City-based district with at least 60% of the vote in each of the past two elections.

Republican state Sen. Rick Brattin won an August primary in the reshaped 5th Congressional District, which had been stretched eastward to include rural Republican areas. About 59% of the district’s voters were new under the revised map, according to an Associated Press estimate.

Cleaver had not posted campaign signs in many of the new rural areas, explaining that he was waiting for the Missouri Supreme Court’s decision. But he had vowed to continue his reelection campaign regardless of the outcome.

“Despite the cynical and deeply shameful attempt to silence many of our neighbors, the people fought back and won,” Cleaver said in a social media post Thursday.

Brattin, a Marine veteran and founding member of the conservative Missouri Freedom Caucus in the state Legislature, said the decision disenfranchises thousands of primary voters who now will be shifted to different districts with candidates they didn’t get to choose.

The court “handed Democrats a decision they desperately needed in their effort to help national Democrats retake the U.S. House of Representatives,” Brattin said in a statement.

So, all of this wrangling is over whether Missouri will send six Republicans and two Democrats or seven Republicans and one Democrat to the 435-seat House of Representatives.

11 responses to “Missouri Supremes Throw Out Districts After Primary”

  1. LOL. My original political stomping grounds has found itself in quite the wee pickle.

    They should not have rushed to use the new lines for the primary. (In fact, they never should have bowed to Trump by redrawing the lines mid-cycle, but that’s for another day.) My hunch on the SOS not ruling on the referendum is that he was trying to force the fait accompli, and misjudged the outcome. Hanaway was the former Speaker of the MO House, so she does come at this with a particular viewpoint. I do wonder how many times a state has tried to force new lines mid-cycle, thus ending up in court.

    FAFO, redistricting edition.

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    1. Cue up the Shadow Docket ruling. (And the smoke and mirrors.)

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  2. I am waiting for the Supreme Court’s mental gymnastics to decide both that this decision needs to be overturned as it is too close to the election, while the Postal Service’s new rules on not providing mail-in ballots are totally fine.

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    1. Reading the tweet, I thought this post was going to be about the hypocracy of trying to jam the postal changes through while complaining about Missouri.

  3. Apparently, the justices really lit into the secretary of state for his delays.

    Republican politics in Missouri was a whole vibe yesterday. A Republican state rep candidate was charged with trying to plant Adderall and coke on his opponent. This was in one of the most Republican areas of the state–southwest Missouri, in Joplin.

    1. Politics in Missouri has been corrupt for a long time. Several years ago doing research for a different reason I downloaded images of the first several pages of an issue of the Kansas City Star from 1908. On the first couple of pages were a number of stories. A state official had fled after taking large bribes from the insurance companies he was supposed to be regulating. A different state official that had fled after embezzling a considerable amount of state funds had been identified and arrested in Alaska, and the state was seeking extradition. A county official had been charged with hiring his own paving company to do large jobs at inflated prices.

      1. Missouri’s politics have been all over the place. I got my start in politics there (as noted above), and worked on the electoral side and the state government side. When I lived there, Democrats were in control–both houses of the legislature, the Governor’s office, and several (but not all) of the statewide offices. The US Senators (Bond and Danforth) were both Republicans, but they weren’t extremists. Catherine Hanaway, now the AG, was a legislative aide in Sen. Bond’s office.

        It’s a bit strange to see how different everything is there now. But the state rep candidate planting evidence is just weird. Unless something has really changed, Joplin will elect whomever the Republican candidate is anyway…I just don’t understand the compulsion to cheat.

        Other than the late Teve’s observation: Shitty people, shitty values.

  4. Charley in Cleveland Avatar
    Charley in Cleveland

    I like how Trump – or Natalie – uses capital letter for the ‘legal scholars’ he cites without naming, as if Legal Scholar carries more weight. That said, Missouri’s secretary of state was too cute by half when he deliberately sat on the redistricting decision, which makes the whining about chaos stemming from the Mizzou Supremes’ decision all the more hypocritical (and pathetic).

    1. @Charley in Cleveland While there is a randomness to Trump’s capitalization, I do note that there is a certain Germanic quality to it.

      1. Many of the words that are capitalized strike me as things that used to be in shouted in all-caps. So whoever is writing them has toned things down somewhat.

  5. So, all of this wrangling is over whether Missouri will send six Republicans and two Democrats or seven Republicans and one Democrat to the 435-seat House of Representatives.

    In a practical sense, no doubt. But hopefully it’s also about the extent to which officials can get away with unlawful jiggery-pokery because if a court tries to stop them, it will cause lots of trouble and expense.

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