Rep. Bob Onder (R-Mo.) is spearheading a federal lawsuit seeking to overturn the Missouri Supreme Court’s move last week blocking a Republican-backed congressional map from being used in the midterm elections.
In an interview with The Post on Monday, Onder sharply criticized the ruling, calling it “a startling act of judicial supremacy by the Missouri Supreme Court.”
“The court took the unprecedented action of trying to change a congressional map after primary voters had already voted,” Onder said. “After 1.2 million primary voters in Missouri had chosen their candidates – Republican and Democrat and Libertarian and Green — for the general election.
“In doing so, they effectively disenfranchised 1.2 million Missourians.”
The legal challenge was filed Friday in the US District Court for the Eastern District of Missouri by Onder, Republican House candidate Rick Brattin and two Missouri voters. It contends that the state Supreme Court’s decision runs afoul of both the US Constitution and Missouri’s constitution.
The complaint argues that reverting to the previous district boundaries for the Nov. 3 election “is not feasible without significant cost, confusion, and hardship to voters, candidates and election administrators alike.”
Onder accused the state Supreme Court justices of upending an election already in motion. “They completely threw the election process into disarray,” he said, adding that “unbelievably, they took it upon themselves to choose to disregard the vote of the people.”
The congressman said voters in his district have been reaching out with alarm and uncertainty. “My constituents are shocked,” Onder said. “A lot of them are texting me, you know, ‘I was looking forward to having you as my congressman’ … ‘I voted for you in August. What happens now?’”
In a unanimous decision, the court on Thursday ordered that a statewide referendum be held in November to determine the ultimate fate of the new map.
The court moved to block the new districts, which were used in the state’s August primaries, after citizens submitted petition signatures seeking a statewide vote on the new map, which would’ve given the GOP a new advantage in the Democrat-held House seat Brattin is running for.
AP Photo/David A. Lieb
“Primary voters chose the Republican and the Democrat nominee, and all of a sudden you’re just going to scramble those various nominees and have them run in different districts? It just makes utterly no sense whatsoever,” Onder fumed.
Missouri Republicans are also petitioning the US Supreme Court to weigh in on the matter.
“We look forward to [the US Supreme Court’s] prompt review of this critical matter, as our ability to hold timely and lawful congressional elections hangs in the balance,” GOP Missouri Attorney General Catherine Hanaway wrote on X Friday night, after filing an emergency application with the high court.
With Election Day fast approaching, and history on their side, according to Onder, it made sense to seek relief from both courts.
“There’s a long line of precedents that say, ‘You do not mess with elections this close to Election Day.’ And here we’ve already completed a primary, and the Missouri Supreme Court takes it upon themselves to try to change the maps,” the congressman said.
“I hope one or both courts will do the right thing and correct this egregious wrong.”
Both courts set a Monday deadline to receive arguments from both sides.
Onder wouldn’t venture to make a prediction on how the case will play out.
