Federal court denies appeal in Missouri congressional map lawsuit
COLUMBIA, Mo. (KMIZ)
A federal appeals court denied an appeal to keep the state from using a 2025 congressional map for the November election.
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 filed the emergency appeal late Tuesday to reverse an order by Eastern District of Missouri Judge Stephen Clark requiring the use of the 2025 map.
"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.
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.
People 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.
Meanwhile, the Missouri Supreme Court has ordered Hoskins to appear before 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 has
never 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.
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.
This is an ongoing story.
