Politics · Two Maps, One Election
Missouri has two maps and one election — which court bends?
Missouri's high court said the GOP's 7-1 map never became law. Justice Kavanaugh left that ruling alone — then a federal judge ordered the map used anyway, leaving one election with two commands.
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Which map do you use when two courts order you to use opposite maps? That is not a law-school hypothetical in Missouri this week. It is the instruction sitting on the desk of Secretary of State Denny Hoskins, who has been told by the state’s highest court that the new congressional map never became law — and told by a federal judge that he must use it anyway.712
Key facts
The prize is one seat in Congress, and potentially control of the U.S. House. Under the lines used in 2022, Missouri sends six Republicans and two Democrats to Washington. House Bill 1, passed in a 2025 special session, would make it seven Republicans and one Democrat.2226 The mechanism is a familiar one: divide Kansas City across Districts 4, 5 and 6 and stretch what is left of the 5th into rural Republican territory.22 The district it was drawn to erase is held by Democratic Rep. Emanuel Cleaver.26
On paper the plan was a triumph of mid-decade muscle. After a White House and national-party push for extra Republican House seats, Gov. Mike Kehoe called a special session, the House passed HB 1 by 90-65 and the Senate by 21-11, and Kehoe signed it on September 28, 2025.22 That is where normal redistricting politics ended and Missouri constitutional law took over.
Why the state court said no
Missouri draws Congress differently from how it draws Jefferson City. State legislative maps go to commissions created by the 2018 and 2020 amendments; congressional maps are ordinary statutes passed by the General Assembly and signed by the governor.28 Ordinary statutes can be referred to voters, and that is what opponents did.6
On September 3, the Missouri Supreme Court ruled 7-0 that HB 1 did not go into effect and will not go into effect unless and until approved by the voters, with the 2022 districts remaining in full force for November.6 The reason was not compactness or partisan fairness. Earlier in 2026 the same court had rejected a compactness attack on the map.11 The reason was timing and text: Article III, Section 49 allows referendum on any act of the general assembly, and congressional redistricting falls outside the narrow exceptions for peace, health, safety or support of state government.6 A timely, valid petition therefore suspends the act.6
The petition was led by Richard von Glahn of People Not Politicians Missouri, which collected more than 300,000 signatures.2 Secretary Hoskins rejected it on August 4, 2026 — primary day and the last statutory day — on the theory that the constitution does not permit a referendum on congressional maps.6 The court called that theory wrong, treated claims of administrative chaos as legally irrelevant and in part self-inflicted by the late rejection, and ordered the referendum onto the November ballot.6 Five of the seven justices were appointed by Republican governors, but the vote against the Republican map was unanimous.31
Five days, two map orders
What the state court did not do is as important as what it did. It did not declare HB 1 a permanent gerrymander. It declared it a non-law, frozen until voters decide.6 That is why the next step looked routine: on September 8, Justice Brett Kavanaugh, acting as circuit justice for the Eighth Circuit, denied Missouri’s emergency request to use the new map, leaving the state injunction in place with no opinion, no referral to the full Court and no noted dissent.925
Why the federal judge said yes
Minutes later the case changed courts — and theories. Chief U.S. District Judge Stephen R. Clark in St. Louis, in a suit brought by Rep. Bob Onder and other Republican-aligned voters and candidates, granted a 14-day temporary restraining order barring use of any map other than HB 1.1216 His question was not whether HB 1 was validly enacted. It was what happens when you switch maps after voting has already started.15
About 1.2 million Missourians had already voted in the August 4 primaries on HB 1 lines.15 Clark said forcing the November general election back onto 2022 lines would make voters choose among general-election candidates they did not nominate and strand nominated candidates in different districts — a likely equal-protection injury producing widespread voter confusion and havoc on the fairness and orderliness of the election.1520 He invoked the Purcell principle against last-minute election changes, but in reverse: not to freeze the old status quo, but to lock in the map already used.20
Attorney General Catherine Hanaway and Hoskins said they would comply with Clark.23 That compliance is itself a violation of the September 3 injunction.7 Through Chief Justice W. Brent Powell, the Missouri Supreme Court ordered Hoskins to appear Thursday morning to show cause why he should not be held in contempt.23 Clark refused to halt that contempt proceeding.34 On September 9, the Eighth Circuit in a one-page ruling declined to stay Clark’s order.33 Within a day von Glahn and People Not Politicians, represented by Abha Khanna of Elias Law Group, filed a new emergency application for a stay and administrative stay at the U.S. Supreme Court, with a Thursday-morning response deadline.836
The calendar now does as much work as the case law. Military and overseas ballots are due around September 19, and county ballot-programming deadlines are already passing.22 Whichever map is loaded is likely to stay loaded, which means delay is itself a form of relief — either for the referendum right or for the redraw.32
Who’s who
- Justice Brett KavanaughCircuit justice who denied emergency use of HB 1
- Chief Judge Stephen R. ClarkChief judge, E.D. Missouri, author of 14-day TRO for HB 1
- Judge Ginger K. GoochAuthor of Missouri Supreme Court 7-0 opinion
- Denny HoskinsSecretary of State facing contempt show-cause
- Richard von GlahnReferendum leader, People Not Politicians Missouri
Known
Unknown
- No final answer on which order controls if both remain technically in force
Next
- Whether the U.S. Supreme Court stays Clark’s order before ballots are programmed
- Whether Hoskins is held in contempt for obeying the federal order
As aired 11 lines
- Missouri's election will run on a map its highest court says never became law.
- The fight is over one congressional seat — and with control of the House on the line, both courts have issued orders that cannot both be obeyed. The question now: which court's order will the U.S. Supreme Court let stand?
- That single seat is the whole prize. The map drawn during a special session last fall would give Republicans seven of Missouri's eight House districts, instead of the current six.
- The current lines keep Kansas City together. The new map carves it up, stretching the remaining Fifth District into rural Republican territory — and the district it was designed to eliminate is held by Democratic Representative Emanuel Cleaver.
- On September third, the state's highest court held that the new map never became law because voters had filed a valid referendum petition. Five of the seven justices were appointed by Republican governors — but the vote was unanimous. Then, on September eighth, Justice Kavanaugh left that ruling in place. And within minutes, a federal judge in St. Louis ordered the exact opposite.
- The court was clear: the map is suspended until Missourians vote on it. That's because the state constitution lets the people call a referendum on any act of the General Assembly — and congressional redistricting is not exempt.
- The map divides one city across three congressional districts. That's the mechanism that would flip the Fifth District — and it's at the center of this constitutional fight.
- Judge Clark, a Trump appointee, argued that the primary already happened on these lines. He said reverting now would create an equal-protection injury — and he cited the Supreme Court's own Purcell principle, but in reverse: instead of freezing the status quo, he used it to lock in the map already used.
- Secretary of State Hoskins rejected the referendum on primary day, arguing the constitution doesn't allow a referendum on congressional maps. The state supreme court said that theory was wrong. Now, Hoskins has been ordered to appear Thursday morning to show why he shouldn't be held in contempt — because he said he'll obey the federal judge instead.
- The clocks are tight. If the Supreme Court stays the federal order, the old map and the referendum control. If it leaves the order standing, the new map is used at least through a preliminary-injunction hearing — and with ballot programming deadlines already passing, whichever map gets loaded is likely the one that stays loaded.
- So which order bends? The referendum backers filed a new emergency application, and the Supreme Court set a response deadline for Thursday morning. Until then, Missouri has two maps and one election calendar — and one seat that could help decide control of the House.
Sources
- Supreme Court rebuffs Missouri's request for new House map favoring Republicans
- Missouri court blocks Trump-backed U.S. House map and orders it ... - PBS
- Missouri Supreme Court Blocks 2025 Congressional Map, Orders Referendum – Redistricting Online
- Supreme Court of Missouri's decision in case number SC101581
- Missouri Supreme Court: “HB 1 congressional redistricting, yeah, no.” | Show Me Progress
- Supreme Court of Missouri's decision in case number SC101805
- Competing court orders add confusion to Missouri congressional elections
- Missouri congressional redistricting dispute returns to the Supreme Court | SCOTUSblog
- Justice Kavanaugh turns down request from Missouri to use congressional map expected to aid Republicans | SCOTUSblog
- Conflicting court rulings leave Missouri's congressional map in limbo
- Missouri Supreme Court upholds 7-1 congressional map | Jefferson City News Tribune
- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
- Memorandum and Order On August 4, 2026, Missouri concluded its primary elections using the congressional districts laid out in House Bill 1 (“HB 1”). Missouri voters and candidates for federal office in Missouri request that the Court issue a temporary restraining order enjoining the use of any congressional district map other than HB 1, see generally doc. 2. All parties, including Intervenors People Not Politicians and Richard von Glahn, had notice and submitted briefing. Docs. 2, 12, 19–20, 29–30. Having considered the Verified Complaint, the affidavit attached to it, the parties’ and intervenors’ briefs, and applicable law, the Court grants Plaintiffs’ motion for a temporary restraining order. I. Facts and Background The Court treats the following uncontroverted facts, drawn from Plaintiffs’ verified complaint, docs. 1, 4, as true for the sake of resolving this motion for a TRO. See Fed. R. Civ. P. 65(b)(1)(A). Only a very narrow set of facts bear on the resolution of Plaintiffs’ request for a TRO. On September 12, 2025, the Missouri General Assembly passed HB 1, replacing the prior congressional district map enacted in 2022. Doc. 1 ¶¶ 15–16; doc. 12-4 at 11 (The Court cites to CONGRESSMAN ROBERT “BOB” ONDER et al., Plaintiffs, v. STATE OF MISSOURI and DENNY HOSKINS, Defendants.
- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
- Federal court in Missouri orders old congressional map on hold, directs use of 2025 districts - ABC17NEWS
- Federal judge revives Missouri GOP gerrymander right after Supreme Court rejects state’s emergency bid - Democracy Docket
- Memorandum and Order On August 4, 2026, Missouri concluded its primary elections using the congressional districts laid out in House Bill 1 (“HB 1”). Missouri voters and candidates for federal office in Missouri request that the Court issue a temporary restraining order enjoining the use of any congressional district map other than HB 1, see generally doc. 2. All parties, including Intervenors People Not Politicians and Richard von Glahn, had notice and submitted briefing. Docs. 2, 12, 19–20, 29–30. Having considered the Verified Complaint, the affidavit attached to it, the parties’ and intervenors’ briefs, and applicable law, the Court grants Plaintiffs’ motion for a temporary restraining order. I. Facts and Background The Court treats the following uncontroverted facts, drawn from Plaintiffs’ verified complaint, docs. 1, 4, as true for the sake of resolving this motion for a TRO. See Fed. R. Civ. P. 65(b)(1)(A). Only a very narrow set of facts bear on the resolution of Plaintiffs’ request for a TRO. On September 12, 2025, the Missouri General Assembly passed HB 1, replacing the prior congressional district map enacted in 2022. Doc. 1 ¶¶ 15–16; doc. 12-4 at 11 (The Court cites to CONGRESSMAN ROBERT “BOB” ONDER et al., Plaintiffs, v. STATE OF MISSOURI and DENNY HOSKINS, Defendants.
- Federal judge orders Missouri to use gerrymandered map
- Federal judge rules Missouri can use GOP-friendly map in midterms – for now – after Supreme Court declines to hear case
- Kavanaugh Blocks Missouri GOP Map, Federal Judge Restores It Minutes Later | Law Commentary
- St. Louis judge orders use of gerrymandered maps despite Supreme Court denial
- Dueling Court Rulings Leave Missouri’s Congressional Races in Chaos - The New York Times
- Missouri Supreme Court Sets Contempt Hearing in Fight Over House Map - The New York Times
- Supreme Court Denies Missouri Bid to Use Voting Map That Benefits Republicans - WSJ
- Justice Kavanaugh Blocks Missouri's Bid to Use New Map For Midterms - Newsweek
- Missouri court blocks Trump-backed House map from being used in November | AP News
- Courts issue conflicting rulings on Missouri's Republican-drawn congressional map | Reuters
- The Continuing Chaos of Missouri’s Redistricting Litigation | State Court Report
- In big win for voters, Supreme Court won’t revive Missouri gerrymander before midterms - Democracy Docket
- Missouri's map fight heads to the U.S. Supreme Court. What to know | Kansas City Star
- Missouri Supreme Court pauses GOP gerrymander, likely netting Democrats 1 House seat - POLITICO
- Conflicting court rulings leave Missouri congressional map in chaos - The Washington Post
- 8th Circuit rejects effort to block Missouri 2025 congressional map ...
- Federal judge keeps Missouri 2025 congressional map order in place - KMBC
- Federal courts conflict on GOP effort to revive gerrymandered Missouri congressional map - Ozark Radio News
- Supreme Court of the United States
- Missouri redistricting fight erupts again as referendum backers ask judge to pause order, appeal to 8th Circuit - Democracy Docket
- Emergency Application for Stay(249929152.1)
- Emergency Application for Stay_Onder v State(249930339.1)
Revision log
- r1First published.