The Missouri congressional map is headed back to the U.S. Supreme Court for the third time this month after a federal appeals court ordered the state to use a Republican-drawn map in November, reversing course after the justices had already blocked its implementation.
The latest emergency appeal, filed Tuesday by opponents of the map, asks Justice Brett Kavanaugh to halt the 8th U.S. Circuit Court of Appeals ruling while the Supreme Court considers the dispute. Kavanaugh ordered Missouri officials and Republican candidates supporting the new map to respond by 2 p.m. Wednesday, putting the case on an accelerated schedule with the November election approaching.
The dispute centers on whether Missouri must use the congressional boundaries adopted by the Republican-controlled Legislature in 2025 or return to the map enacted in 2022.
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The Missouri Supreme Court unanimously ruled earlier this month that the newer map had never taken effect because voters successfully petitioned for a referendum on it. Under the state constitution, the court said, the map could not become law unless voters approved it. The court ordered the state to use the 2022 districts for the November election.
The U.S. Supreme Court initially left that ruling in place. On Sept. 8, Kavanaugh rejected Missouri Secretary of State Denny Hoskins’ request to block the state court’s decision.
Minutes later, however, U.S. District Judge Stephen Clark ordered the state to use the newer map, siding with Republican congressional candidates who argued that switching maps between the August primary and November general election would violate federal constitutional protections.
The Supreme Court stepped in again two days later, staying Clark’s order and restoring the Missouri Supreme Court’s position while the litigation continued. The justices did not provide an explanation or note any dissent.
Appeals court reverses course
On Monday, a three-judge panel of the 8th Circuit revived the Republican-drawn map, concluding that Missouri’s use of the 2025 boundaries during the August primary created a federal constitutional problem if the state returned to the older districts for the general election.
The court directed Clark to enter a permanent injunction requiring use of the 2025 map. It temporarily suspended its own order until Sept. 28, giving opponents time to seek Supreme Court intervention.
The appeals court’s ruling creates a direct conflict with the Missouri Supreme Court’s earlier determination that the 2025 map was not legally in effect.
The Missouri Supreme Court concluded that House Bill 1, which created the new districts, became subject to a valid referendum petition in December 2025 and therefore could not take effect unless voters approved it. The court ordered the referendum to appear on the November ballot.
A map caught between courts
The 2025 map was already used during Missouri’s August primary, adding another complication to the dispute.
The 8th Circuit said requiring candidates who won that primary to compete under different district boundaries in November would raise constitutional concerns involving congressional elections and equal protection.
Opponents argue that the federal appeals court’s ruling conflicts with the Supreme Court’s Sept. 10 stay and improperly overrides the Missouri Supreme Court’s interpretation of the state constitution.
They are asking Kavanaugh to block the 8th Circuit’s order before it takes effect.
The legal fight has also created practical problems for election administrators. Local officials have already prepared absentee ballots and election materials under the 2022 map, while the appeals court’s ruling would require a switch to the newer districts. The potential change comes weeks before Election Day.
The political stakes
The 2025 map was drawn to strengthen Republican control of Missouri’s congressional delegation. The plan would give Republicans a path to seven of the state’s eight House seats and dismantle the district currently represented by Democratic Rep. Emanuel Cleaver.
The map is part of a broader wave of mid-decade redistricting efforts across the country, including efforts backed by Donald Trump to alter congressional boundaries before the 2026 elections.
The Supreme Court’s eventual decision will determine not only which map Missouri uses in November but also how the competing state and federal court orders are reconciled.
For now, the 8th Circuit’s ruling is on hold until Sept. 28, giving the Supreme Court another opportunity to intervene before Missouri’s election machinery moves further toward the November vote.
