Conflicting Federal Court Orders Leave Missouri Congressional Map in Limbo

On Tuesday, September 8, 2026, the legal framework governing Missouri's congressional elections fractured across two federal courtrooms within a matter of hours. U.S. Supreme Court Justice Brett Kavanaugh first denied an emergency request from Missouri state officials to reinstate a Republican-drawn congressional map for the November 3 midterms. Minutes later, U.S. District Judge Stephen Clark issued a temporary restraining order in a separate lawsuit, mandating that state election officials use that exact same map.[2]

The conflicting orders place Missouri's election administration in a state of legal paralysis on the day the state was required to finalize its general election ballots. The dispute centers on House Bill 1 (HB 1), a redistricting plan passed by the Republican-controlled legislature in 2025. The map was designed to redraw the Kansas City-based 5th Congressional District, currently held by Democratic Representative Emanuel Cleaver, to favor a Republican challenger. If successful, the map would likely shift Missouri's eight-member House delegation from a 6-2 Republican advantage to a 7-1 split.[1][2]

The legal mechanism driving the conflict is a citizen referendum. In December 2025, the advocacy group People Not Politicians submitted over 300,000 signatures to place HB 1 on the statewide ballot for voter approval, a move that under the Missouri Constitution suspends a law from taking effect. Secretary of State Denny Hoskins rejected the petition on August 4, 2026, arguing that congressional redistricting is exempt from the state's referendum process.[1]

The Missouri Supreme Court unanimously overruled Hoskins last week. The state justices determined the referendum petition was valid, meaning HB 1 "is not the law and has never been the law." Because the state had already conducted its August 4 primary elections using the HB 1 boundaries, the court ordered Missouri to revert to its previous 2022 congressional map for the November general election.

Missouri Attorney General Catherine Hanaway filed an emergency appeal to the U.S. Supreme Court, warning that switching maps between a primary and a general election violated the federal rights of voters and candidates. "A federal-election-administration disaster is unfolding in Missouri," Hanaway wrote in her application, arguing the reversion would cause "unprecedented chaos."

Justice Kavanaugh, who handles emergency applications from the Eighth Circuit, denied Hanaway's request without referring it to the full court and without providing a written explanation. The denial effectively left the Missouri Supreme Court's ruling intact, handing a procedural victory to anti-gerrymandering advocates.[1]

Abha Khanna, a partner with Elias Law Group representing the referendum organizers, praised the Supreme Court's restraint. "The state constitution is clear that Missourians should get the final word on whether their congressional map can undergo an extreme mid-decade gerrymander at President Trump's request, and now they will," Khanna said in a statement.[1]

However, a parallel lawsuit filed by Republican congressional candidates in federal district court provided a second avenue for the map's proponents. Judge Clark, a Trump appointee, granted a 14-day temporary restraining order blocking Secretary of State Hoskins from using any map other than HB 1. Clark explicitly noted Kavanaugh's denial in his order but based his ruling on different federal constitutional claims regarding the primary election that had already occurred.

Clark reasoned that reverting to the 2022 map would cause irreparable harm to voters and candidates. "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," Clark wrote.

The dual rulings create a paradox of jurisdiction. The Missouri Supreme Court has enjoined state officials from using the 2025 map, while a federal district judge has enjoined them from using anything else. Chuck Hatfield, an attorney for People Not Politicians, highlighted the structural tension between the courts. "An individual federal judge cannot overrule the Missouri supreme court," Hatfield noted, pointing out that Clark's order restrains the Secretary of State but cannot vacate the state high court's interpretation of its own constitution.

State Republican leaders immediately embraced Clark's order. Governor Mike Kehoe announced that the state would proceed with the HB 1 boundaries to meet the ballot printing deadline. "Voters and candidates deserve consistency, certainty, and not to have the rules changed between elections," Kehoe stated.

The Eighth Circuit Court of Appeals now holds the immediate jurisdiction over Clark's temporary restraining order, with less than eight weeks remaining before the November 3 general election. Opponents of the new map filed an appeal hours after Clark's ruling was issued, guaranteeing further federal litigation before the ballots are finalized.