This article fist appeared in the St. Louis Beacon, Sept. 23, 2011 - A lawsuit filed today is challenging the validity of the congressional redistricting map adopted this spring by the Missouri General Assembly.
The petition, filed in the Cole County Circuit Court in Jefferson City, alleges that the Republican-controlled General Assembly, in designing the new congressional districts to accommodate the loss of one congressional seat, "utilized an overreaching process for wholly partisan purposes, and produced a map designed solely to serve partisan ends."
Gerald Greiman, the lawyer who filed the suit, said that it is being financed by the National Democratic Redistricting Trust. The entity was set up by national Democrats to fight congressional redistricting efforts by Republicans that were seen as partisan.
"Obviously, there are Democratic interests at play here," Greiman said. "But what the lawsuit seeks to vindicate is by no means limited to just Democratic interests. We think the map that was drawn is unfair to Democrats, independents, Republicans -- and anybody who wants to have a fair and constitutional process."
The suit names as defendents Attorney General Chris Koster and Missouri Secretary of State Robin Carnahan. Koster's staff said they were not commenting until they reviewed the suit.
Greiman is the lead counsel for the Spencer Fane law firm in St. Louis that filed the petition on behalf of six plaintiffs in various parts of Missouri. The plaintiffs include former state Sen. Joan Bray, D-University City. Greiman's wife is state Rep. Susan Carlson, D-St. Louis.
Greiman said in an interview that the lawsuit was filed now -- rather than shortly after the map was drawn -- because "it took a while to formulate the strategy, the plaintiffs and put together the game plan."
The disputed map drew up boundaries for Missouri's remaining eight congressional districts. The state lost a district because Missouri's population growth was less than in some other states. The map was approved by the Republican-controlled General Assembly over the veto of Gov. Jay Nixon, a Democrat, who also questioned the new boundaries.
Nixon said Friday he was unaware of the suit.
The new map eliminated the seat that has been held by U.S. Rep. Russ Carnahan, D-St. Louis, who represented the 3rd District. The new map gives that number to a district that includes the residence of U.S. Rep. Blaine Luetkemeyer, R-St. Elizabeth, who now represents the 9th District. Carnahan's residence was tossed into the 1st District, represented by Rep. William Lacy Clay, D-St. Louis.
The lawsuit alleges that the map violates the Missouri Constitution "in multiple respects, in that it creates districts which are not compact and contiguous, denies plaintiffs equal rights and opportunity under the law, and reflects an exercise of governmental power for the benefit of a few, rather than for the good of the whole and the general welfare of the people."
Specifically, the lawsuit says:
- The St. Louis region is under-represented with only two congressional districts. "The new 3rd District encircles St. Louis like a lobster claw," said Greiman, noting that the St. Louis area traditionally has been represented by three House members and its population still supports that number. The new 3rd District spans from Jefferson County to west of Jefferson City in mid-Missouri.
- Mid-Missouri, traditionally considered as a distinct region, is divided among multiple districts, including the new 4th District, which is "shaped like a three-headed toad." That district is represented by Rep. Vicky Hartzler, R-Harrisonville.
- The new 5th District in western Missouri joins mismatched communities by combining three largely rural counties with urban portions of Jackson County, resulting in a district shaped "like a dead lizard."
The 5th District is represented by Rep. Emanuel Cleaver, D-Kansas City. The suit says that the new 5th District should have been drawn to include all of Jackson County and Kansas City, implying that legislators sought to dilute the district's urban presence.
Greiman said the plaintiffs "look forward to a prompt resolution of the case in the Cole County Circuit Court and, very likely, ultimately the Missouri Supreme Court, so that when the process for choosing Missouri's next representatives to Congress begins in February 2012 with the opening of candidate filings, Missourians will be able to elect their congressional representatives in districts which are fair and comply with the Missouri Constitution."
