The legal battle over Missouri's congressional districts returned to the 8th U.S. Circuit Court of Appeals on Thursday, with state officials preparing to send ballots to voters within days. At the heart of the hearing: whether it is too late to alter the map that will govern the November elections.
A three-judge panel heard arguments in a case brought by Republican congressional candidates, including Rep. Bob Onder, who are challenging the state's decision to revert to a map that gives the GOP a 6-2 edge. The U.S. Supreme Court last week temporarily blocked a lower court order that would have kept a more GOP-friendly 7-1 map in place, leaving the appeals court to determine the next steps.
Judge David Stras, a Trump appointee, posed a central question: "When do we reach the point of no return?" Charles Hatfield, an attorney for a Democratic-aligned organizer who supports the referendum process, responded bluntly: "It's already too late. Those ballots are printed."
Missouri's election officials are moving forward with the 6-2 map after the Supreme Court's emergency ruling, which halted a state court decision that the new lines could not take effect until voters approve them in a general election referendum. The 7-1 map, which had been used in the primaries, would have given Republicans a likely pickup in the House, but the high court's intervention dealt a setback to GOP hopes of expanding their majority.
Judge James Loken, appointed by George H.W. Bush, signaled that the appeals court must resolve the matter. "It's on our plate, and I think the Supreme Court has said, 'get to it,'" he remarked.
Marc Ellinger, representing Onder, argued that the Democratic-aligned organizer lacks standing to intervene because the referendum will appear on the November ballot regardless. "They're a voter, and they're the proponent of a referendum. It's going to go on the ballot, so at that point they have no interest in this case," Ellinger said.
Meanwhile, Missouri Solicitor General Louis Capozzi urged the court to address what he called "redistricting paralysis." He contended that state judges' interpretation of referendum rules has unconstitutionally stripped lawmakers of their authority to administer elections. "Unless this court addresses the constitutional issues, particularly the Elections Clause, this same dynamic will recur every time redistricting occurs in Missouri going forward," Capozzi warned.
The appellate court's decision is widely expected to be appealed to the Supreme Court, which could again weigh in on whether Missouri Republicans can use the new map before the fall. The dispute stems from a map passed by Missouri Republicans last year, which dismantled Rep. Emanuel Cleaver's Kansas City-based district, part of a broader GOP effort to redraw House maps in Republican-led states.
With military and overseas ballots set to go out Saturday, the state has already passed its ballot finalization deadline, adding urgency to the court's deliberations. The case underscores the ongoing national fight over redistricting and the role of referendums in challenging legislative maps.
