Eighth Circuit: Missouri Congressional Map Likely to Reach Supreme Court Again

• Missouri's gerrymandered congressional map, designed for a 7-1 GOP advantage, is likely headed for a third review by the U.S. Supreme Court following an expedited Eighth Circuit ruling.
• Secretary of State Denny Hoskins, elected in 2024, rejected over 300,000 petition signatures for a referendum on the map, citing state constitutional limitations.
• The Missouri Supreme Court overturned Hoskins' rejection, suspending the new districts retroactively, a decision upheld by U.S. Supreme Court Associate Justice Brett Kavanaugh on September 8.
• On the same day, U.S. District Judge Stephen R. Clark reinstated the map via injunction, leading to Hoskins' defiance and a subsequent contempt order from the Missouri Supreme Court.
• The U.S. Supreme Court ultimately barred the map's use in the November election on September 10, pending the Eighth Circuit's appeal outcome, while the Eighth Circuit hearing recently focused on the standing of the 'People Not Politicians' group.

The legal status of Missouri's congressional districts remains unsettled, with an expedited ruling from the Eighth Circuit anticipated to potentially pave the way for a third review by the U.S. Supreme Court.

Missouri's congressional map, which is designed to secure a 7-1 Republican advantage in the U.S. House, appears poised for a third review by the U.S. Supreme Court. This prospect emerged following a recent Thursday hearing at the Eighth Circuit, where U.S. Circuit Judge James B. Loken, a George H.W. Bush appointee, acknowledged the high likelihood of further Supreme Court intervention. Judge Loken, who was appointed to the Eighth Circuit in October 1990, concluded the hour-long proceeding by promising an expedited ruling, underscoring the urgency of the matter.

Republican lawmakers are actively working to reinstate this gerrymandered map in time for the upcoming November midterm election. The current congressional representation from Missouri stands at a 6-2 split, making the proposed 7-1 configuration a significant shift. The legislative effort to redraw these districts, which occurred outside the standard 10-year redistricting cycle, was reportedly prompted by a call from then-President Donald Trump.

The legal challenge surrounding the Missouri gerrymandering has been marked by a complex series of judicial decisions. Opponents of the map, including the group People Not Politicians, gathered over 300,000 petition signatures to put the new districts to a public vote. However, Missouri Secretary of State Denny Hoskins, who was elected in 2024, rejected these petitions, asserting that the state Constitution does not permit referendums on congressional redistricting.

The Missouri Supreme Court subsequently overturned a lower court's decision that had favored Hoskins. The state's highest court ruled that the referendum petition effectively suspended the new districts, making this suspension retroactive to the previous December, pending voter approval. This decision stood despite the fact that the new maps had already been utilized in the August primary election. On September 8, U.S. Supreme Court Associate Justice Brett Kavanaugh, a Trump appointee, denied emergency relief to the state, thereby allowing the Missouri Supreme Court's ruling to remain in effect.

Yet, on the very same day, U.S. District Judge Stephen R. Clark, also a Trump appointee, issued an injunction that reinstated the gerrymandered map. Judge Clark, who became chief judge of the Eastern District of Missouri in 2022, reasoned that using different maps for the primary and general elections would disenfranchise voters. Secretary Hoskins immediately declared his intention to comply with Judge Clark's order, instructing local election authorities to proceed with the Republican-backed map. This move provoked the Missouri Supreme Court, which responded by issuing a contempt order against Hoskins. The issue quickly returned to the U.S. Supreme Court, which, on September 10, barred the gerrymandered map from use in the November election, with no notable dissents, pending the outcome of the Eighth Circuit election map appeal. Later that afternoon, the Missouri Supreme Court found Hoskins in contempt for his failure to adhere to its redistricting ruling. Chief Justice W. Brent Powell, who assumed his role on July 1, 2025, reversed the contempt decision after Hoskins relented and committed to using the 2022 map, stating that Hoskins had "corrected his contemptuous conduct."

A significant portion of the recent Thursday hearing before the Eighth Circuit focused on the legal standing of People Not Politicians and its Executive Director, Richard von Glahn. This group spearheaded the effort to collect signatures for the referendum on the contested map. All three judges on the panel questioned Charles W. Hatfield, the attorney representing the group, regarding their standing, particularly since People Not Politicians was not a party to the original case where Judge Clark issued his ruling.

Hatfield, from Stinson LLP, argued for the necessity of the group's involvement, posing the question, "If the intervenor’s not here, who’s going to defend Missouri law?" He further noted that the state, in its district court briefing, had acknowledged the potential need for an intervenor and had not objected to his client's intervention. The legal status of Missouri's congressional districts remains unsettled, with an expedited ruling from the Eighth Circuit anticipated to potentially pave the way for a third review by the U.S. Supreme Court, highlighting the ongoing complexities of US Supreme Court Missouri redistricting and the broader Missouri gerrymandering legal challenge.

Lawyers advising on election law or constitutional challenges in Missouri should monitor the Eighth Circuit's expedited ruling and the anticipated US Supreme Court review, as the legal status of the state's congressional districts remains unsettled, impacting future elections and potentially establishing new precedents on gerrymandering and judicial oversight.

Source: Original reporting via CN