Eighth Circuit mandate could issue next week; Legislative Management told to standby on districts 9 and 15

Dustin Richard, Legislative staff, told Legislative Management that the Eighth Circuit Court of Appeals denied a petition for rehearing en banc and denied a request for a stay of the court’s ruling. Under the Federal Rules of Appellate Procedure, the Eighth Circuit must issue its mandate seven days after denying a stay, so the mandate could take effect as early as the coming week, Richard said.

If the mandate goes into effect, the boundaries adopted by the legislative assembly during the 2021 session would be restored, which could affect representation and the timeline for organization and endorsement conventions in Districts 9 and 15. “Things move fast,” Richard said, and the committee was told it is “truly in a holding pattern” until the federal appellate timetable plays out.

Chairman Hogue and other members asked for a memorandum from Legislative Council and for consultation with the Attorney General’s office to clarify options and constitutional duties if the mandate issues. Representative Freilich, who represents District 15, said the committee needs swift guidance because reversion could leave those districts without seated senators and create immediate constitutional questions about representation.

Legislative Council staff Mr. Bjornsson described the situation as “very novel” and said there is no clear, definitive answer in existing precedent about how seating or reorganizing would proceed if the mandate takes effect quickly. He said both houses have constitutional authority to determine qualifications and eligibility of members and that removal of a member would require affirmative action by the respective chamber or private litigation.

Committee members asked Richard and staff to coordinate a memorandum outlining legal options and timelines and to prepare for a possible quick follow‑up meeting should the Eighth Circuit issue its mandate.