Today 8:34 am
Clark based the TRO principally on two different federal constitutional claims stemming from the fact that Missouri already held its primary under HB 1. The judge found the plaintiffs have a “high probability of success” on their claim under Article I, Section 2 of the Constitution, reasoning that changing congressional districts between the primary and general election could effectively nullify some voters’ primary ballots by moving them into districts where they had no opportunity to help select the nominees. Clark likewise found the plaintiffs likely to succeed on an Equal Protection Clause claim, reasoning that a map switch would create different classes of voters — those who remain in the same district they voted in during the primary and those who are reassigned to a different one — as well as similarly situated groups of candidates. The court also embraced what Clark described as a “Purcell in reverse” argument. The Supreme Court’s Purcell principle generally cautions federal courts against changing election rules shortly before voting. But Clark concluded that the principle favored intervention here because the TRO preserves the congressional districts Missouri used during its primary rather than requiring another map change weeks before the general election. “Issuing a TRO here would preserve, rather than disturb, the election rules that candidates, election officials, and voters have relied on,” Clark wrote. The result leaves Missouri’s congressional elections in an extraordinary posture. The state’s highest court has held that the 2022 map is the only map legally in force under Missouri law, while a federal judge is now prohibiting state officials from using that map for the November congressional election.jerrab » 40 minutes ago » wrote: ↑ newer news
https://www.kmbc.com/article/missouri-d ... t/73647930
Missouri Supreme Court Chief Justice W. Brent Powell has ordered Missouri Secretary of State Denny Hoskins to explain why he should not be held in contempt as a legal battle continues over the state's congressional map.The order came Tuesday night following dueling court orders and an emergency request from People Not Politicians' Richard von Glahn to hold Hoskins in contempt.