JEFFERSON CITY, Mo. (AP) — A federal judge in Missouri on Tuesday temporarily blocked the state from using its old congressional districts in the November election, following the U.S. Supreme Court's decision not to engage in the ongoing legal dispute. This situation underscores the complexities of Missouri’s redistricting process, which has been ongoing for over a year, leaving some voters uncertain about their districts for the upcoming election.
The federal court's action occurred shortly after the Missouri Supreme Court ruled that the state cannot implement a new U.S. House map supported by President Donald Trump due to a significant number of petition signatures submitted by citizens requesting a statewide vote. The U.S. Supreme Court declined to hear an appeal from Missouri’s Republican attorney general, maintaining the injunction from the state’s highest court. Shortly thereafter, U.S. District Judge Stephen Clark, appointed by Trump, issued a temporary restraining order preventing Missouri from using any map other than the new Republican-backed districts. Opponents of the redistricting quickly filed an appeal to the 8th U.S. Circuit Court of Appeals.
The new districts were utilized in the August primary, with the results certified by election officials. However, the uncertainty regarding which districts will be used in the November election persists. Clark’s order is effective for 14 days, allowing for further court proceedings. Missouri Attorney General Catherine Hanaway stated that the state is prepared to comply with Clark’s order, which she claims mandates the use of the new congressional districts. Republican Secretary of State Denny Hoskins described the federal court order as a victory that prevents a constitutional crisis.
Conversely, attorney Chuck Hatfield, representing the group People Not Politicians, emphasized that the Missouri Supreme Court's order against using the new map remains valid. He noted, “An individual federal judge cannot overrule the Missouri Supreme Court.”
Hanaway has argued that switching districts between the primary and general elections would violate federal rights and create confusion among voters. Clark concurred in his written order, stating, “Using a different map for the general election would wreak havoc on the fairness and orderliness of Missouri’s congressional elections, calling into question the candidacy of those nominated in the primaries and the votes of those who voted in the primaries.”
U.S. Supreme Court Justice Brett Kavanaugh, who oversees cases from Missouri, did not provide a rationale for the Court's decision to decline the case. Missouri law established a Tuesday deadline for changes to candidates or issues on the November ballot, but the determination of which ballots voters will receive may take longer. Federal law mandates a Sept. 19 deadline for mailing absentee ballots to overseas citizens and military personnel.
Missouri currently has six Republicans and two Democrats in the U.S. House, elected under districts approved by Republican state officials in 2022. At Trump’s urging, Missouri Governor Mike Kehoe convened a special legislative session last year to redraw congressional boundaries to favor Republicans ahead of the midterms. The revised map specifically targeted the 5th Congressional District, held by Democratic Rep. Emanuel Cleaver of Kansas City, by reallocating parts of Kansas City to neighboring Republican-held districts and extending Cleaver’s district into rural Republican areas. Approximately 59% of the district's voters were new under the revised map, according to an Associated Press estimate. Cleaver was unopposed in the Democratic primary, while State Sen. Rick Brattin won the Republican primary in the altered district and has expressed support for the decision while continuing his campaign.
On the same day as the primary, Hoskins rejected a petition with thousands of signatures that sought to mandate a November referendum on the map, asserting that Missouri’s Constitution does not permit a referendum on congressional redistricting. A lower court agreed, but the state Supreme Court overturned Hoskins’ decision, stating that the new districts were effectively frozen in December when the petition signatures were submitted, and therefore never became law. Hoskins has since assigned the redistricting referendum as Proposition A on the November ballot, in accordance with the state court order. The Missouri Constitution does not explicitly allow for a referendum on congressional redistricting; however, the state Supreme Court determined that a constitutional provision permitting a referendum on “any act” of the Legislature includes congressional redistricting legislation. Missouri was the second Republican-led state, after Texas, to respond to Trump’s call last year to redraw congressional districts, with several other states following suit. Overall, Republicans aimed to gain as many as 16 additional seats from the newly enacted House maps.