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Eighth Circuit orders Missouri to use its primary map, not one ordered by Missouri Supreme Court; gives 7 days for SCOTUS to review

Дата публикации: 21-09-2026 22:35:15

The opinion is here. It is unusually long by Eighth Circuit standards. Briefly speaking, it finds the Missouri Supreme Court’s map violates Article I, Section 2. It then instructs the district court to convert the TRO (which was supposed… Continue reading
The post Eighth Circuit orders Missouri to use its primary map, not one ordered by Missouri Supreme Court; gives 7 days for SCOTUS to review appeared first on Election Law Blog.


Основное содержимое страницы с новостью.

The opinion is here. It is unusually long by Eighth Circuit standards. Briefly speaking, it finds the Missouri Supreme Court’s map violates Article I, Section 2. It then instructs the district court to convert the TRO (which was supposed to expire tomorrow) into a permanent injunction, but it stays the decision for 7 days while the Supreme Court could review. (The Supreme Court’s stay noted that the district court’s order “is stayed pending the disposition of the appeal in the United States Court of Appeals for the Eighth Circuit and disposition of a petition for a writ of certiorari in this Court.”)

Despite the fact that some ballots have already been mailed, the Court cites the Torricelli episode in New Jersey in 2002 as justification for changing the ballots and delaying mailing UOCAVA ballots.

The per curiam opinion was joined by Judges Loken and Smith. Judge Stras concurred in part and dissenting in part, arguing the intervenors on appeal lacked standing.

There is a lot in this opinion about the Supremacy Clause, about threats to find the Secretary in contempt, about Purcell, and the like. The link should provide enough for reading at this stage.

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