Map Wars Take a Major Turn

Missouri’s congressional redistricting fight escalated Tuesday as the U.S. Supreme Court declined to reinstate the state’s 2025 congressional map, only for a federal judge in St. Louis to issue an order requiring Missouri to use that same map for the November election.

The conflicting rulings have now put Secretary of State Denny Hoskins at the center of another legal battle, with the Missouri Supreme Court ordering him to explain why he should not be held in contempt.

The developments came as Missouri’s election calendar continues to move forward, with candidates having already participated in the August primary under the 2025 congressional districts.

Kavanaugh Says No: U.S. Supreme Court Justice Brett Kavanaugh rejected Missouri’s emergency request Tuesday to put the 2025 congressional map back in place.

Kavanaugh, who handles emergency matters arising from the 8th U.S. Circuit, rejected the request without explanation and did not refer the matter to the full Supreme Court.

The decision left standing the Missouri Supreme Court’s Sept. 3 ruling that the 2025 congressional map cannot be used unless it is approved by voters through a referendum.

The Missouri Supreme Court had ruled that People Not Politicians legally obtained a referendum on the map, meaning the map would have to be approved by voters before taking effect.

But the state Supreme Court ruling was quickly followed by a separate federal court order.

In Steps Clark: U.S. District Judge Stephen Clark issued a temporary restraining order requiring Missouri to use the 2025 map for the November election.

Clark’s order came shortly after Kavanaugh rejected Missouri’s request and stems from a lawsuit brought by Congressman Bob Onder and Sen. Rick Brattin.

Clark found that the plaintiffs had raised claims that were likely to succeed, including arguments involving the constitutional provisions governing congressional elections and equal protection.

The judge also pointed to the fact that Missouri had already held its August primary under the 2025 map. Changing congressional districts between the primary and general election, he said, could create significant confusion over which candidates were nominated and which districts they would represent.

Clark’s order is in effect for 14 days and has been appealed to the 8th U.S. Circuit Court of Appeals.

The result is an unusual legal conflict: the Missouri Supreme Court has blocked the 2025 map, while a federal district judge has ordered the state to use it.

Hoskins Faces Contempt Hearing: The dispute moved directly back to the Missouri Supreme Court Wednesday.

The court ordered Hoskins to show cause why he should not be held in contempt, citing his Sept. 8 directive to local election officials to proceed with the 2025 congressional map.

Hoskins must respond by noon Wednesday, with oral arguments scheduled for 10 a.m. Thursday.

The court has ordered Hoskins to appear in person and specifically asked him to explain why its Sept. 3 injunction remains in effect following the U.S. Supreme Court’s rejection of the emergency request for a stay.

Hoskins has maintained that local election officials should proceed with the 2025 map following Clark’s federal order.

Attorney General Catherine Hanaway has likewise said the state will comply with Clark’s order.

People Not Politicians, meanwhile, immediately appealed Clark’s ruling to the 8th Circuit and asked the federal court to stay its own order. The group also sought contempt proceedings against Hoskins in the Missouri Supreme Court.

The competing proceedings have created what some around the Capitol are describing as “dueling orders” a state Supreme Court injunction pointing one way and a federal district court order pointing the other.

The next major decisions could come from both the Missouri Supreme Court and the 8th Circuit, with the state’s election calendar adding urgency to the dispute.

A Constitutional Convention: Rumors from Dallas are beginning to circulate among Missouri Republicans attending the Republican National Committee’s first-ever midterm convention about whether the state should eventually consider a constitutional convention to address its increasingly complicated ballot and initiative-petition process.

The discussion remains just that, discussion, and there has been a discussion for the last few years about whether or not there should be a convection, but as of now, it’s just conjecture. 

However, the latest congressional map fight, combined with a series of recent disputes involving initiative petitions, ballot language and referendum procedures, has some Republicans questioning whether Missouri’s existing constitutional framework needs a broader rewrite.

And with the November election approaching, the immediate question remains much narrower: which congressional map will Missouri voters actually use?