Pearson v. Koster
359 S.W.3d 35
Mo.2012Background
- Missouri Constitution Art. III, sec. 45 requires districts to be contiguous, compact, and as nearly equal in population as may be; plaintiffs allege the Map violates compactness, especially districts 3 and 5.
- The General Assembly adopted the 2011 Map after veto override, reducing from nine to eight districts.
- Plaintiffs filed in Cole County challenging the Map; circuit court dismissed on pleadings.
- The court recognizes a lack of uniform standard in Preisler-era cases and emphasizes the constitutional mandate and political branches’ role.
- The opinion reverses the dismissal, remands for factual development on compactness, and imposes a January–February 2012 deadline for proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compactness of districts under Art. III, sec. 45 | Plaintiffs allege districts (notably 3 and 5) are not compact | Defendants rely on Preisler standards and political nature of redistricting | Count I survives; remanded for fact-finding on compactness |
| Justiciability of partisan gerrymandering | Pearson asserts partisan gerrymandering; McClatchey asserts incumbent protection | No clear constitutional standard; relief not warranted | Count II dismissed; no relief under current standard |
| General welfare, good of the whole (Art. I, secs. 1–2) | These provisions create enforceable rights to vote and governmental action | Aspirational language; political branches decide policy | Count III dismissed |
| Vote-dilution claim under Art. I sec. 25 and Art. VIII sec. 25 | Map dilutes the votes of a political party | No recognized vote-dilution claim beyond population disparity | Count IV dismissed |
Key Cases Cited
- State ex rel. Barrett v. Hitchcock, 146 S.W. 40 (Mo. 1912) (compactness precedents and political apportionment review)
- Preisler v. Kirkpatrick, 528 S.W.2d 422 (Mo. banc 1975) (standard of review for compactness; politically driven maps)
- Preisler v. Hearnes, 362 S.W.2d 552 (Mo. banc 1962) (Preisler II; contoured standards for redistricting challenges)
- Preisler v. Doherty, 284 S.W.2d 427 (Mo. banc 1955) (early compactness precedent; three ideas foundational to review)
- Armentrout v. Schooler, 409 S.W.2d 138 (Mo.1966) (equal representation; population parity as basis for voting rights)
- Vieth v. Jubelirer, 541 U.S. 267 (U.S. 2004) (plurality held partisan gerrymandering nonjusticiable; lack of standard)
- LULAC v. Perry, 548 U.S. 399 (U.S. 2006) (gerrymandering doctrine; standards unresolved by Court)
- Davis v. Bandemer, 478 U.S. 109 (U.S. 1986) (justiciability of political gerrymandering; minority protection)