Against Tight Deadline, Appeals Court Considers Reinstating Missouri Republicans’ Redistricting

With just one day to go until Missouri election officials finalize their general election ballots, three judges on the Eighth Circuit Court of Appeals are considering reinstating a Republican redistricting of the state’s congressional map. At a contentious hearing on Thursday, the judges expressed a great deal of frustration with the cards they have been dealt.The legal battle arises out of President Trump’s demand that red states redraw their congressional maps in order to give the Republicans an upper hand in this year’s midterms. Several GOP-controlled states did so, including Missouri, where state lawmakers eliminated a deep-blue district that for decades had covered Kansas City. Missouri’s supreme court invalidated that map, however, saying that it would be up to voters to decide in November whether or not the map can be used going forward. When Republicans appealed directly to the U.S. Supreme Court, Justice Brett Kavanaugh declined to overrule the Missouri supreme court. On a parallel legal track, however, a Republican lawmaker, Congressman Bob Onder, sued to force election officials to use the map. On the same day Justice Kavanaugh declined to block the state supreme court’s ruling, a federal judge ruled that the map must be used because that was the map that was used during the primaries earlier this summer.When Democratic groups filed an emergency appeal to the Supreme Court to have that district court judge’s order blocked, the Supreme Court did so, but the justices stated in a brief order that the Eighth Circuit would now be the venue to settle the dispute. On Thursday, a three-judge panel of the Eighth Circuit heard arguments from Republicans seeking to use the maps and the Democratic-backed group, People Not Politicians, which is hoping that the redistricting will be struck down, even if temporarily. The hearing, which took place via video teleconference, grew incredibly contentious at times. The three judges pressed attorneys at multiple points, arguing with them about what, exactly, the course of action should be in order to comply with the Supreme Court’s directive. An attorney for People Not Politicians, Charles Hatfield, got into an especially heated argument with Judge James Loken, who accused Mr. Hatfield of trying to run out the clock. Judge Loken said his court would come to some kind of conclusion by the end of the day on Friday, which is when Missouri’s ballots must be finalized.“They expect a final order before they’re going to step in,” Judge Loken said of the Supreme Court. He chided Mr. Hatfield for arguing that the issue was not justiciable until after the district court’s injunction expires, which will not occur until next week. “You’re not going to get a remand until the election passes,” Judge Loken said to Mr. Hatfield toward the end of the hearing. The three-judge panel consisted entirely of Republican nominees — Judge Loken, who was nominated by President George H.W. Bush, as well as Judge David Stras and Judge Justin Smith, both of whom were nominated by President Trump.They got into a separate testy back-and-forth arguing about what the Supreme Court was asking them to do. Judge Loken seemed to conclude that the high court wants the appellate court to issue a ruling as soon as possible, white Mr. Hatfield claimed that the state supreme court’s order was meant to stand. “We are not on the same page,” Judge Loken said sharply to Mr. Hatfield. At the end of the arguments, Judge Loken snapped at Mr. Hatfield, yelling, “You’re out of time, dangit!” Shortly after, Judge Loken thanked lawyers for their time and said he appreciated the fact that this was a “tough” issue. “Now we’ve gotta figure out where we are and where we think the Supreme Court would want us to leave them,” Judge Loken said. “We’ve gotta decide and they’ve gotta decide.”

Against Tight Deadline, Appeals Court Considers Reinstating Missouri Republicans’ Redistricting

Against Tight Deadline, Appeals Court Considers Reinstating Missouri Republicans’ Redistricting

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