Supreme Court Just Made Huge Decision for Midterms…
Summary
The Supreme Court issued a third order rejecting the Eighth Circuit’s attempt to enforce an unlawful Missouri gerrymandered map, restoring the 2022 district boundaries for the 2026 election. Hosts discuss how the Eighth Circuit ignored prior Supreme Court rulings and state law, which requires a voter referendum for map changes. Guest Harry Litman analyzes the legal conflict, noting the Eighth Circuit’s decision created an impossible situation by contradicting the Missouri State Supreme Court. The episode highlights the tension between federal appellate courts and state sovereignty in electi…
Topics discussed
Supreme Court rejects Missouri gerrymandering for third time
Timeline of legal battles: State Supreme Court to 8th Circuit
Supreme Court's scathing per curiam order and return to 2022 map
Reading the ruling: Justice Kavanaugh's initial denial
District court injunction and Supreme Court stay
8th Circuit error and traditional stay factors analysis
Introduction of guest Harry Littman and prediction recap
Context on 8th Circuit panel and Federalist Society judges
Critique of 8th Circuit's Article 1 Section 2 legal theory
Conflict between state law and federal court mandates
Why the 8th Circuit opinion was unworkable and forced SCOTUS hand
Bad faith tactics and the 'entrapment' of voters
State rights hypocrisy and federal-state collusion
Hypotheticals: What if the Supreme Court had not intervened
Assessing the reliability of federal district and appellate courts
Closing remarks and promotion of Talking Feds
Book promotion: 'WTF America'
Listen ad-free on Castria