The 8th U.S. Circuit Court of Appeals ruled Monday that Missouri must use its 2025 Republican-drawn congressional map in the Nov. 3 election. A three-judge panel — Judges James Loken, David Stras and Justin Smith — held that voting under the 2022 map in November, after the August primary used the 2025 map, violates the Equal Protection Clause. The panel stayed its own order for one week, until Sept. 28, so opponents can ask the Supreme Court to step in. The Supreme Court blocked the same map on Sept. 10.
The ballots Missourians began receiving this week carry one set of district lines, and the next six days decide whether those lines stand.
The map belongs to the mid-decade redistricting fight that began in 2025, when Republican legislatures in Texas, Missouri and other states redrew districts at President Trump's urging and states under Democratic control answered. Missouri's version splits Rep. Emanuel Cleaver's Kansas City seat three ways. Opponents gathered more than 300,000 signatures for a referendum in December. The Missouri Supreme Court ruled unanimously on Sept. 3 that the petition suspended the map. Judge Stephen Clark ordered the state to use the 2025 map anyway on Sept. 8. The Supreme Court stayed his order two days later, with no public dissents.
- Overseas and military ballots went out Friday under the 2022 map.
- Boone County planned to mail 1,000 absentee ballots Tuesday, its clerk said.
- The Missouri Supreme Court later held Secretary of State Denny Hoskins in contempt.
Rep. Bob Onder and state Sen. Rick Brattin, both Republicans, brought the federal case with two voters whose districts changed between the primary and the general. Hoskins sided with them. People Not Politicians, the group behind the referendum, opposes the map; its attorney Chuck Hatfield said it will ask the Supreme Court for a stay before Sept. 28. The stakes fall on Kansas City-area voters whose district differs between the two maps, on county clerks who have printed ballots, and on the overseas and military voters who hold 2022-map ballots now.
DisputedWhich map the Constitution requires in November — the one used in the August primary, or the one Missouri's highest court restored.
The FramingsThe plaintiffs' framing (Onder, Brattin, Hoskins) presents the primary as the anchor: voters chose nominees under the 2025 map, and a switch takes away the district they voted in. Brattin said voters "should be able to vote in the same districts." The referendum backers' framing (People Not Politicians) presents the map as never lawfully in force once the petition qualified, and holds that federal courts may not change election rules this close to the vote; Hatfield said the courts "are prohibited from interfering in elections this close to Election Day." The election-administrator framing (Boone County Clerk Brianna Lennon) centers the mechanics: a switch now means new ballot styles, not a candidate swap, and clerks called it "practically impossible." The national-Republican framing presents the map as a lawful act of a legislature, matching Texas; Onder called the ruling "a big victory for democracy." The Democratic and voting-rights framing presents the map as a mid-decade redraw aimed at one Democratic seat that two supreme courts have set aside.
The RecordThe panel's holding is in its opinion: "Only use of the 2025 map complies with the Constitution and federal law." The Missouri Supreme Court's Sept. 3 ruling was unanimous. The U.S. Supreme Court's Sept. 10 stay drew no public dissent. Confidence in those records: certain. Confidence that the Supreme Court acts before Sept. 28: high. Confidence in which map Missouri votes on: low.
What to watch: People Not Politicians' emergency application to the Supreme Court this week. The Sept. 28 expiration of the panel's stay. Absentee voting in Missouri, which opened Tuesday, Sept. 22. Election Day, Nov. 3.
Sources: AP, KCUR, Missouri Independent, Roll Call, SCOTUSblog
