Dueling court orders have cast uncertainty over Missouri’s congressional map with eight weeks remaining before Election Day, as legal disputes over a redistricting plan supported by former President Donald Trump introduce fresh confusion.
A federal judge in Missouri issued a temporary order Tuesday blocking the state from using its old congressional districts for the November election. This action occurred shortly after the U.S. Supreme Court allowed a decision from the Missouri Supreme Court to stand, which had mandated the use of the old districts instead of newly drawn ones favored by Trump.
The conflicting rulings highlight the complex nature of Missouri’s redistricting debate, which has been ongoing for over a year and leaves voters in parts of the state uncertain about their congressional district on Election Day.
Missouri's highest court ruled last week that the new map, backed by Trump, could not be implemented because citizens submitted thousands of petition signatures requesting a statewide vote on the matter.
The U.S. Supreme Court chose not to hear an appeal filed by Missouri's Republican attorney general, thereby upholding the injunction issued by the state's top court. However, shortly thereafter, U.S. District Judge Stephen Clark, a Trump appointee, issued a temporary restraining order that prohibits Missouri from utilizing any districts other than the new ones favored by Republicans.
Opponents of the redistricting immediately filed a notice to appeal Clark's order to the 8th U.S. Circuit Court of Appeals.
While the newly drawn districts were used for the August primary election and their results were certified by election officials, the question of which districts will be used in the November general election persists. Judge Clark's order is set to remain in effect for 14 days, providing time for further legal proceedings.
Missouri Attorney General Catherine Hanaway stated that the state is prepared to comply with Clark's order, which she indicated "binds the state to using" the new congressional districts. Republican Secretary of State Denny Hoskins, responsible for overseeing elections, characterized the federal court order as a positive development that "halts a full-on constitutional crisis." He promptly informed local election officials that they are required to use the new district boundaries.
However, an attorney representing People Not Politicians, the group that spearheaded the referendum petition, emphasized that the Missouri Supreme Court's order against using the new map remains active. The group's leader has requested the state Supreme Court to hold Hoskins in contempt for attempting to implement the new map, and the court has scheduled arguments on this request for Thursday.
"An individual federal judge cannot overrule the Missouri Supreme Court," said attorney Chuck Hatfield, who represents People Not Politicians.
Missouri law established a Tuesday deadline for changes to candidates or issues on the November ballot. The process of determining which ballots voters will receive may take longer, as federal law mandates the commencement of mailing absentee ballots to overseas citizens and military members by September 19.
Missouri's current congressional delegation consists of six Republicans and two Democrats, all elected under districts approved by Republican state officials in 2022.
Following a push from Trump, Missouri Governor Mike Kehoe convened a special legislative session last year to redraw congressional boundaries to favor Republicans ahead of the midterm elections. The revised map notably affected the 5th Congressional District, represented by longtime Democratic Rep. Emanuel Cleaver of Kansas City. Portions of Kansas City were reassigned to two neighboring districts held by Republicans, and the remaining part of Cleaver's district was extended eastward into rural, Republican-leaning areas. According to an Associated Press estimate, approximately 59% of the district's voters were new under this revised map.
Cleaver, who ran unopposed in the Democratic primary, welcomed the U.S. Supreme Court's action and expressed confidence that the original districts would ultimately be used.
State Sen. Rick Brattin, who won the Republican primary in the redrawn district, joined Republican U.S. Rep. Bob Onder and other voters in filing the federal lawsuit that led to Clark's temporary order. Brattin praised this decision and affirmed his commitment to his campaign.
On the same day as the primary election, Hoskins rejected a petition with thousands of signatures seeking a November referendum on the map, asserting that the Missouri Constitution does not permit referendums on congressional redistricting. While a lower court initially agreed, the state Supreme Court reversed this decision. The state's highest court ruled that the new districts were retroactively frozen in December, when petition signatures were submitted, and therefore never became law. In compliance with the state court's order, Hoskins on Tuesday assigned the redistricting referendum to the November ballot as Proposition A.
The Missouri Constitution does not explicitly allow for referendums on congressional redistricting. However, the state Supreme Court determined that a constitutional provision allowing referendums on "any act" of the Legislature encompasses congressional redistricting legislation.
Missouri was the second Republican-led state, following Texas, to redraw congressional districts at Trump's urging. Several other states subsequently enacted similar redistricting efforts. Republicans had anticipated gaining as many as 16 House seats through new maps in eight states, including Texas, Missouri, North Carolina, Ohio, Florida, Tennessee, Louisiana, and Alabama. Democrats, facing setbacks in their counterefforts, believed they could secure up to six additional seats from new districts in California and Utah.
It remains uncertain whether the redistricting efforts will achieve their intended outcomes for Republicans. Historically, the president's party tends to lose congressional seats in midterm elections, and Trump's approval ratings could present an additional challenge for Republican candidates.