Kavanaugh Rejects Missouri's Request for New Congressional Map

WASHINGTON – Justice Brett Kavanaugh on Tuesday denied Missouri's request to implement a new congressional map for the November elections. Kavanaugh, who oversees emergency appeals for the 8th Circuit, rejected an application from Missouri's top election official seeking to pause a Missouri Supreme Court ruling.

That state court decision prohibited Missouri from using the redrawn map. Tuesday's order from the U.S. Supreme Court's interim docket likely means the state will use the map adopted in 2022 following the 2020 census for the 2026 election.

Missouri was one of several states that redrew congressional maps ahead of the 2026 elections. The new map, designated HB 1, aimed to give Republicans seven of the state's eight seats in the U.S. House.

In December 2025, opponents of the new map, including plaintiff Richard von Glahn, submitted over 300,000 signatures to place a statewide referendum on the map on the November 2026 ballot. Missouri Secretary of State Denny Hoskins rejected this petition on August 4, 2026. Hoskins stated, "Missouri’s constitution does not authorize a referendum on congressional redistricting plans passed by the General Assembly."

Von Glahn filed a lawsuit hours later, asking a state court to overturn Hoskins' decision and prevent the state from using the new map. On September 3, the Missouri Supreme Court unanimously granted von Glahn's request. The court determined that "the plain language of … the Missouri Constitution authorizes a referendum as to ‘any act of the general assembly’ and no exception applies."

The state supreme court concluded the referendum petition "was legal, sufficient, and timely." Consequently, the new map was never in effect and will not take effect "unless and until approved by the voters at the November 2026 general election." The court also found Hoskins' arguments regarding potential "confusion, expense, and practical difficulties" to be "wholly unpersuasive," attributing these issues to "the secretary’s delay."

Hoskins then appealed to the U.S. Supreme Court on Friday night. He stated, "A federal-election-administration disaster is unfolding in Missouri" and that the state was "genuinely unsure whether it can switch its governing congressional map in time to run a timely federal election."

Hoskins argued the Missouri Supreme Court's ruling violated the U.S. Constitution, citing the elections clause, which he believes grants state legislatures, not voters through referendums, the power to define election procedures. He contended the Supreme Court "has never held that just 3.3% of a State’s voters can unilaterally suspend a disfavored congressional map by submitting a referendum petition." He also asserted the Missouri Supreme Court's ruling disenfranchised "hundreds of thousands" of voters by placing them in new districts, forcing them to vote for candidates they did not choose, violating the "fundamental right to vote."

Von Glahn countered that the U.S. Supreme Court lacked jurisdiction because the Missouri Supreme Court's decision relied solely on state law. He also argued that a stay would not provide Hoskins relief because HB 1 never became law. Von Glahn asserted that the 2022 plan remains the legal status quo under Missouri law. He concluded that Hoskins' arguments on the merits were incorrect, stating his "Elections Clause theory runs headlong into more than a century of precedent recognizing that state constitutional referendum procedures may constrain congressional-redistricting legislation."

Kavanaugh denied Hoskins' request without referring the matter to the full court.