Missouri redistricting fight returns to U.S. Supreme Court after 8th Circuit orders GOP gerrymander for midterms

Missouri referendum proponents asked the U.S. Supreme Court Tuesday night to review a federal appeals court ruling requiring the state to use its 2025 GOP congressional gerrymander in the November midterms.

The filing by People Not Politicians and its executive director Richard von Glahn* comes after the 8th Circuit Court of Appeals held that Missouri would violate Article I, Section 2 of the U.S. Constitution by using its 2022 congressional map in November after conducting the August primary under the 2025 map.

That decision directly conflicts with a Missouri Supreme Court ruling that the gerrymandered 2025 map, which eliminates a Democratic district in Kansas City, never took effect.

The U.S. Supreme Court had previously halted a federal district court order requiring the use of the 2025 map for the upcoming election until the appeals court could review the decision and the justices could decide whether the case needs review at the highest court.

People Not Politicians argue that the 8th Circuit’s order requiring Missouri to use the 2025 map violates the Supreme Court’s previous direction.

“The Eighth Circuit’s order does not merely undermine this Court’s stay order; it requires the district court to issue a permanent injunction granting the exact same relief this Court stayed in the exact same case,” they argue.

The pro-voting group argues the 8th Circuit overstepped because it should have ordered the district court to convene a three-judge panel to review redistricting decisions, as required by law.

Justice Brett Kavanaugh has ordered responses by 2 pm Wednesday.

The federal appeals court had concluded that switching maps between the primary and general election would deprive some voters of a meaningful role in choosing the congressional nominees who appear on their November ballots. It ordered a federal district court to enter a permanent injunction barring Secretary of State Denny Hoskins (R) and officials acting with him from using any map other than the 2025 districts.

People Not Politicians argue that the 8th Circuit “identifies from whole cloth a right under Article I, Section II that no federal court has recognized: a right to vote for the same candidates within the same constituency at successive stages of an election, even when state law prohibits that result.”

For now, Missouri is still conducting the November election under the 2022 congressional map. The 8th Circuit delayed its ruling until Sept. 28 to allow time for Supreme Court review, leaving the existing map in place while the justices consider whether to intervene.

Boone County Clerk Brianna Lennon told Democracy Docket that election officials are moving ahead under that map in the meantime. Military and overseas ballots have already been sent, mail absentee ballots are going out and in-person absentee voting has begun. 

“So we are moving forward with business as usual until we hear otherwise,” Lennon said.

She added that the appeals court ruling has not yet changed election administration on the ground because of the temporary pause. 

“From the standpoint of having a practical effect on the election, there just isn’t one right now as a result of this case,” Lennon said. “It’s kind of just waiting to see what happens.”

*The Elias Law Group (ELG) represents the pro-voting parties in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.