KANSAS CITY, Mo. — The battle over Missouri's congressional districts is headed back to the United States Supreme Court.
Justice Brett Kavanaugh has a deadline of 9 a.m. Central Time to respond to activist group, People Not Politicians, request to intervene in the battle over Missouri's Congressional District maps.
An hour before, Missouri Secretary of State Denny Hoskins is expected to appear before the Missouri Supreme Court. He will explain why he was not in contempt of court after instructing the use of the new 2025 congressional boundaries under Missouri HB 1.
"I would say this is a constitutional mess," said Allen Rostron, a UMKC law professor.
On Wednesday, a group opposed to redistricting asked the U.S. Supreme Court to intervene and help the Missouri determine which district map the state should use.
Last week, the Missouri Supreme Court ruled that voters will be permitted to have a say in whether to adopt the new congressional maps in November.
Those maps would significantly change Missouri's 5th Congressional District. Democrat Congressman Emanuel Cleaver II has held the seat for over 20 years.
Missouri lawmakers called a special session and passed new boundary lines for the 5th Congressional District. The new map encompasses more of mid-Missouri. It's hoped the changes will help flip the seat to a Republican.
People Not Politicians began collecting signatures for a referendum campaign. The group's efforts forced a vote on the maps.
Since last week's ruling from the Missouri Supreme Court, a flurry of legal challenges have ensued.
On Tuesday, U.S. Supreme Court Justice Brett Kavanaugh denied Hoskins' request to suspend the Missouri Supreme Court's decision to block the new maps.
Hoskins and Missouri Attorney General Catherine Hanaway sought an appeal to use the new maps in the November general election. As of Tuesday afternoon, Kavanaugh's decision meant that the 2022 maps would be in effect.
But minutes after Kavanaugh's decision, a federal judge from St. Louis issued a temporary restraining order that called on Hoskins to use the redrawn 2025 maps in the November election.
People Not Politicians filed an emergency appeal on the federal district court judge's ruling and called on the U.S. Court of Appeals for the Eighth Circuit to overturn the judge's order.
Missouri lawmakers stated the state would follow the federal judge's order to use the 2025 maps.
A federal judge on Wednesday sided with Republicans, declining to halt the federal judge's order favoring the use of the new maps.
That decision was immediately appealed to the U.S. Supreme Court, where it awaits a decision on Thursday morning.
"It's unlikely, but possible, the U.S. Supreme Court would address this as week," explained Rostron. "One way or another, a higher court will rule on this and we will know what’s going to be on the ballot in November, and how the districts will be for that, and we will all go vote, and we’ll accept it."
As for Thursday's contempt hearing with Missouri Secretary of State Denny Hoskins, a federal judge has received arguments from both sides as to why they should not suspend the hearing. A ruling had not been made at the time this article was published.
"His [Hoskins'] argument is, 'I wasn't in contempt of court. I was just following this federal court decision. What am I supposed to do?'" said Rostron.
If a federal judge can block a Missouri Supreme Court hearing, that's uncharted waters, according to Rostron. At least it doesn't happen very often.
"They’re breaking some new ground and doing things there aren’t a customary practice or pattern," he said.
KSHB 41 Political Reporter Charlie Keegan will be in attendance for Thursday's Missouri Supreme Court hearing.
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