CASE SUMMARY

On April 22, 2022 a congressional candidate in Missouri filed a lawsuit against the State of Missouri and Missouri's Secretary of State challenging the state's 2012-enacted congressional plan as violating the U.S. and Missouri Constitutions and Missouri law. First, he alleges the 2012 plan has become malapportioned due to population shifts in violation of the one person, one vote requirement under Article I, Section 2 of the U.S. Constitution, the 14th Amendment's Equal Protection Clause, and Article III, Sections 29 and 45 of the Missouri Constitution. Second, he alleges the state's failure to pass a new congressional redistricting plan will result in violations of Missouri statutes which prescribe the dates for qualifying for and holding primary elections. He is seeking a judicial declaration that the 2012 map is unconstitutional and unlawful, a permanent and preliminary injunction barring the plan from being used in future elections, and for the court to order the adoption of a lawful congressional plan in time for the 2022 elections.

The district court denied the plaintiffs' motion for a temporary restraining order on May 9. On May 27, in response to the state's enactment of a new congressional plan, the plaintiff filed an amended complaint challenging the newly enacted plan as an unconstitutional racial gerrymander in violation of the 14th Amendment's Equal Protection Clause. On June 9, the court issued an opinion and order partially dismissing the plaintiffs' claims in his original complaint as moot, thereby leaving only his racial gerrymandering claim as operative in the case.

On July 8, the court issued an opinion and order dismissing the case on the grounds it was too close to the 2022 elections to grant injunctive relief and the plaintiff had otherwise failed to establish the merits of his claims.

CASE LIBRARY

U.S. District Court for the Eastern District of Missouri, St. Louis Division - No. 4:22-cv-465

Berry v. Ashcroft
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