Supreme Court Halts Missouri Congressional Map Ahead of Elections

WASHINGTON – The Supreme Court on Thursday morning granted a request to prevent Missouri from using a new congressional map. The order pauses a federal judge's ruling that would have allowed the state to implement the map, which proponents expected to create an additional Republican seat in the U.S. House of Representatives.

The justices issued a brief, unsigned order, which did not include public dissents. The order granted a request from referendum organizers to put a ruling by Chief U.S. District Judge Stephen Clark on hold as litigation continues.

This decision came less than two days after Justice Brett Kavanaugh, who handles emergency appeals from Missouri, declined to overturn a Missouri Supreme Court ruling that had already barred the state from using the new map. With the deadline for sending out ballots to military and overseas voters approaching in nine days, the Supreme Court's order indicates Missouri will likely use the congressional map adopted in 2022 for the November elections. This differs from the map used for the state's primary election on August 4.

The dispute originated last year when Missouri adopted the new map, known as HB 1. In December, opponents, including Richard von Glahn, submitted over 300,000 signatures to petition for a public vote on the map in November 2026. Missouri Secretary of State Denny Hoskins rejected this petition on August 4, 2026.

Von Glahn filed a lawsuit in state court on the same day, seeking to reverse Hoskins' decision and block the map's use. On September 3, the Missouri Supreme Court unanimously granted this request. The court stated that the Missouri Constitution authorizes a referendum on "any act of the general assembly" and found no applicable exceptions. Because the referendum petition was "legal, sufficient, and timely," the court concluded the new map was never in effect and will not go into effect "unless and until approved by the voters at the November 2026 general election."

The Missouri Supreme Court found Hoskins' argument that not using the new map would cause "confusion, expense, and practical difficulties" to be "wholly unpersuasive." The court noted that "these arguments are particularly misplaced given the secretary’s delay created" the issues he cited.

Hoskins subsequently appealed to the Supreme Court, asking the justices to intervene. He stated Missouri was "genuinely unsure whether it can switch its governing congressional map in time to run a timely federal election." Hoskins argued that the Missouri Supreme Court’s ruling violated several provisions of the U.S. Constitution.

Von Glahn countered, arguing the Supreme Court lacked jurisdiction because the Missouri Supreme Court's decision relied solely on state law. He also contended that Hoskins' constitutional arguments lacked merit.

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

Less than an hour after Kavanaugh's decision, Judge Clark issued a temporary restraining order instructing the state to use the 2025 map. This federal case originated on September 4, filed by Rep. Robert Onder and others. Clark acknowledged the importance of conducting state elections according to the Missouri Constitution but stated that the federal challengers faced "irreparable harm" without a temporary restraining order, as voters might otherwise cast ballots for candidates they did not nominate in the primary.

On Tuesday night, von Glahn and the group People Not Politicians, who had joined the federal case, asked the U.S. Court of Appeals for the 8th Circuit to pause Clark's order, but the court denied the request on Wednesday.

Later on Wednesday, von Glahn and People Not Politicians asked the Supreme Court to intervene. They informed the court that Clark's order required Missouri to conduct its election using a map that, according to Missouri's highest court, "is not the law and has never been the law." They argued that pausing Clark's order would allow officials to proceed with a map "not marred by legal uncertainty," noting that election officials confirmed this outcome was feasible. They also highlighted that immediately after the Missouri Supreme Court's order, Hoskins himself instructed election administrators to implement the 2022 map.

Kavanaugh directed Hoskins and other plaintiffs to respond by Thursday morning. In his brief, Hoskins argued Clark's order ensured "a timely and orderly congressional election." He suggested that pausing the order would change Missouri's congressional map for a "third time in a week" and occur after the state-law deadline to alter ballots and nine days before the federal-law deadline for military and overseas ballots. He also stated that county election officials had begun printing ballots in compliance with Clark's order.

At 10:16 a.m. EDT, the Supreme Court distributed an order granting the request from von Glahn and People Not Politicians to block Clark's order.

In a related development, the Missouri Supreme Court held oral arguments on Thursday regarding whether to hold Hoskins in contempt of court. This concerned an email he sent on September 8 instructing election officials to use the 2025 map. The proceeding began as scheduled and concluded approximately 37 minutes later without a ruling from the state supreme court.