In a blow to the GOP, US Supreme Court leaves 2022 Missouri congressional map in place

WASHINGTON (AP/KCTV) - The US Supreme Court has rejected a new Missouri congressional map backed by President Donald Trump for the third time. The justices on Friday halted a last-minute revival of the Republican-friendly map by lower-court judges. The decision leaves in place a Missouri Supreme Court ruling requiring the state to hold the November election using a map adopted in 2022. A new map passed last year was aimed at helping Republicans gain an additional U.S. House seat in the pivotal midterm elections. It was used in the August primary. But Missouri’s top court later ruled that it can’t take effect unless approved in a statewide referendum.

The Supreme Court on Friday turned away an attempt to use a new Missouri congressional map backed by President Donald Trump, potentially putting an end to a long-running legal dispute as absentee voting is underway in the midterm elections.

The justices halted a federal appeals court ruling that would have revived the Republican-friendly map for the November elections, which will determine control of Congress.

The Supreme Court instead let stand a decision by the Missouri Supreme Court, which ruled earlier this month that a citizen petition prevents the new map from being used unless first approved by voters in a November referendum. The decision means Missouri residents will vote under the same congressional districts used in the 2024 and 2022 elections.

Republicans had hoped the new House map - which already was used in the August primaries - could help them win an additional seat as part of a nationwide redistricting battle pushed by Trump to gain an edge in the midterms.

A panel of the 8th U.S. Circuit Court of Appeals ruled Monday that switching districts between the primary and general elections would violate the U.S. Constitution. The panel directed a district judge to bar Missouri from using anything other than the new map but delayed the order’s effect until next Monday to allow time for an appeal to the Supreme Court.

The legal wrangling has caused confusion for more than a million potential Missouri voters - nearly 1 in 4 statewide - who were shifted from one district to another, resulting in different candidates on their ballots. Absentee voting began Tuesday under the 2022 congressional districts, though some local election officials had urged voters to wait because of the legal uncertainty. Republican redistricting focused on Kansas City

Republicans currently hold six of Missouri’s eight House districts. At the urging of Trump and Republican Gov. Mike Kehoe, Missouri lawmakers last September passed revised districts that were intended to help them win seven seats in the midterms.

The redistricting significantly reshaped a Kansas City-based district held by longtime Democratic Rep. Emanuel Cleaver. It shed parts of Kansas City to neighboring districts with Republican incumbents and stretched the remainder of Cleaver’s 5th Congressional District far eastward into rural Republican areas.

The result was about 59% of potential voters were new to the district, according to an Associated Press estimate. The ripple effects also shifted some voters in most of Missouri’s other congressional districts.

Cleaver was unopposed in the Democratic primary. Republican state Sen. Rick Brattin won a six-way Republican primary under the revised districts. They remain the candidates for the general election, even though the district boundaries have reverted to their prior lines.

Brattin was a plaintiff, along with Republican Rep. Bob Onder and two other voters, in a federal lawsuit that led to the 8th Circuit’s ruling and the last two appeals to the Supreme Court. Missouri’s redistricting prompted a big legal fight

At least 16 lawsuits have been filed in state and federal courts related to Missouri’s congressional redistricting. The battle has been the longest and most complex among roughly a dozen states that sought to change their U.S. House districts over the past year.

Missouri’s new map survived most of the lawsuits, including ones contending that mid-decade redistricting violated the state constitution and that the new districts ran afoul of requirements to be compact. In one case, the Missouri Supreme Court allowed the new districts to be used while election officials worked to verify petition signatures seeking to put the map to a statewide vote.

Republican Secretary of State Denny Hoskins waited until the legal deadline on Aug. 4 - the day the new districts were used in the primaries - to reject the petition. He asserted referendum petitions aren’t allowed for congressional redistricting.

The Missouri Supreme Court ruled Sept. 3 that the referendum petition was valid. It ordered Hoskins not to use the new map and to instead use the districts adopted in 2022, after the last census. The U.S. Supreme Court let that ruling stand on Sept. 8. But minutes later, U.S. District Judge Stephen Clark issued a conflicting order in favor of the new map.

The U.S. Supreme Court on Sept. 10 blocked Clark’s order from taking effect. That day, the Missouri Supreme Court held Hoskins temporarily in contempt for telling local election authorities to use the new map after Clark’s order.

But that wasn’t the end of the matter. The 8th Circuit, hearing an appeal of Clark’s blocked order, ruled in favor of the Trump-backed map Monday. That’s what led to the latest decision from the U.S. Supreme Court.

Reactions

In a post on X, Missouri Governor Mike Kehoe said Missouri will follow the Court’s order.

“It is disappointing that today’s decision by the United States Supreme Court means Missouri will conduct its November general election under a different congressional map than its primary election. Voters deserved consistency and certainty, and not for the rules to be changed between elections. Nevertheless, Missouri will follow the Court’s order.”

Rep. Emanuel Cleaver released a statement on X.

“For more than a year, state officials have spent precious time, energy, and resources on an effort to silence the voices of Missouri voters and steal a congressional seat. Tonight, after more than 305,000 Missourians demanded a say, the Supreme Court has put this shameful and unlawful scheme to rest. Power to the people,” Rep. Cleaver wrote.

Sen. Rick Brattin wrote on X said called the decision a travesty.

““I am grateful to the Eighth Circuit for squarely addressing the merits of this case and stating plainly what common sense and the Constitution require: voters should not choose their nominees under one congressional map and then be forced into entirely different districts for the general election.

Today’s Supreme Court decision is a travesty for Missouri voters and for the integrity of our elections. Missouri will now conduct a congressional primary under one map and a general election under another. Voters who lawfully participated in the August primary will be moved into districts where they had no voice in choosing the nominees who will appear on their ballot in November. This is the most unprecedented form of voter disenfranchisement in American history, and Missouri voters deserve far better.

The responsibility for this chaos rests first and foremost with the Missouri Supreme Court. With the stroke of a pen, it overturned a congressional map passed by the people’s elected legislature and signed by the Governor after that map had already been used to conduct the primary election. The Eighth Circuit recognized the serious constitutional problem that decision created. Missouri voters are now being forced to live with the consequences.

This is part of a dangerous pattern of courts asserting power that belongs to the people and their elected representatives. Judges are not kings, and courts are not legislatures. Our system of government depends upon each branch respecting the constitutional authority of the others. The Missouri Supreme Court abandoned that principle in this case, usurped the authority of Missouri’s duly elected legislative and executive branches, and left Missouri voters paying the price.”

People not Politicians, the group behind the petition that paused the new congressional map, said they are done with corrupt politicians.

“We are done with corrupt politicians trying to force their map into effect outside the process outlined in the Missouri constitution. We have said from the beginning, people, not politicians will be the final deciders on this DC power grab. We are moving forward to vote NO on Proposition A.”