Missouri Redistricting Dispute Returns to Supreme Court

WASHINGTON – A legal challenge regarding Missouri's congressional redistricting reached the Supreme Court again on Wednesday. Opponents of the state's new map requested the high court to block a federal judge's recent order that requires Missouri to use the map, known as HB 1.

Richard von Glahn and the organization People Not Politicians filed a 25-page application with the Supreme Court. This move came one day after Justice Brett Kavanaugh declined a separate request from Missouri's Secretary of State to keep the new map from being implemented.

The dispute began last year when Missouri lawmakers redrew the congressional districts. Opponents collected over 300,000 signatures to place the new map on the November 2026 ballot for a statewide vote. Missouri Secretary of State Denny Hoskins rejected this petition on August 4, 2026, stating that the state's constitution "does not authorize a referendum on congressional redistricting plans passed by the General Assembly."

Von Glahn promptly challenged Hoskins' decision in state court. On September 3, the Missouri Supreme Court unanimously ruled in favor of von Glahn, concluding that the state constitution's "plain language" permits a referendum on "any act of the general assembly." The court determined that the referendum petition was valid and timely, meaning the new map would not take effect unless approved by voters in November 2026.

The Missouri Supreme Court also addressed Hoskins' arguments about potential confusion and expense, stating these concerns were "particularly misplaced given the secretary’s delay created" the issues he cited.

On Friday night, Hoskins appealed to the Supreme Court, arguing that the Missouri Supreme Court's ruling violated the U.S. Constitution's elections clause, which he believes grants state legislatures the authority to define the "Times, Places, and Manner" of federal elections. He also contended that the ruling disenfranchised voters by placing them in new districts.

Von Glahn countered that the Supreme Court lacked jurisdiction, as the Missouri Supreme Court's decision rested on state law. He also argued that Hoskins' interpretation of the Elections Clause contradicted over a century of precedent acknowledging state constitutional referendum procedures.

Justice Kavanaugh denied Hoskins' request on Tuesday afternoon without referring it to the full court.

Hours later, Chief U.S. District Judge Stephen Clark issued a temporary restraining order, directing Missouri to use the 2025 map. This order stemmed from a case filed on September 4 by, among others, Republican Rep. Robert Onder. Clark acknowledged the importance of conducting state elections under the Missouri Constitution but stated that challengers in the federal case faced "irreparable harm" without the order, as voters might vote for candidates they did not nominate.

People Not Politicians and von Glahn, who had joined the federal case, then appealed to the U.S. Court of Appeals for the 8th Circuit, seeking to pause Clark's order. The appeals court denied this request.

On Wednesday afternoon, People Not Politicians and von Glahn petitioned the Supreme Court to stay Clark's order. They argued that the order compelled Missouri to use a map that, according to the state's highest court, "is not the law and has never been the law." They added that a stay would not harm plaintiffs and that continuing with the district court's order would create confusion and disruption. They highlighted that election officials and the public could proceed under a map without legal uncertainty if Clark's order were paused. They noted that Hoskins himself had instructed election administrators to implement the 2022 map following the Missouri Supreme Court's ruling.

Justice Kavanaugh has requested responses from Onder and Hoskins by 10 a.m. EDT on Thursday.

In a related development, the Missouri Supreme Court ordered Hoskins to submit a brief by noon Wednesday, explaining why he should not be held in contempt for an email sent on September 8, which instructed election officials to use the 2025 map. The court scheduled oral arguments for 10 a.m. Thursday. Hoskins has asked Clark to block the contempt proceeding in state court.