Eighth Circuit orders Missouri to use Republican-drawn congressional map for November midterms

By Alex Tanzer
updated on September 22, 2026

A federal appeals court has ordered Missouri to adopt the 2025 Republican-drawn congressional map for November's midterm elections, setting up yet another collision with the U.S. Supreme Court, which has already blocked the map twice.

The 8th Circuit Court of Appeals ruled Monday that Missouri state officials must use the congressional district lines the state legislature passed in September 2025, issuing a permanent injunction stayed until September 28. The three-judge panel argued that the U.S. Constitution does not permit Missouri to run its general election on different district boundaries than those used in the August 2026 primary, the Daily Caller reported.

The ruling lands in the middle of an already chaotic legal fight that has bounced between state courts, federal courts, and the Supreme Court, with roughly 1.4 million Missouri residents sitting in different congressional districts depending on which map applies. Ballots have already been printed. Votes have already been cast. And the calendar is running out.

Two maps, two primaries' worth of confusion, and no final answer

Missouri's legislature passed the new congressional map in September 2025. Republicans designed it to shift Democratic Rep. Emanuel Cleaver's Kansas City-area district into Republican-friendly territory, a move that could expand the GOP's Missouri congressional delegation from six seats to seven out of eight, Fox News reported.

Democrats responded by gathering signatures for a referendum that would put the new map to a public vote in November 2026 and keep the older 2022 district lines in place until voters decided. Missouri's Republican secretary of state declared the referendum illegal. The Missouri Supreme Court unanimously overruled that decision.

State officials then made an emergency appeal to the U.S. Supreme Court. On September 8, Justice Brett Kavanaugh rejected that appeal, acting alone without referring it to the full court.

What happened next compressed weeks of legal drama into minutes. Within moments of Kavanaugh's rejection, U.S. District Judge Stephen Clark, a Trump appointee, blocked a return to the 2022 map lines by issuing a temporary restraining order directing officials to use the 2025 map. Two days later, the Supreme Court froze Clark's order without explanation, leaving Missouri set to run its November election on the same 2022 districts used in 2024.

Missouri ran its August primary on the 2025 lines. That fact became the constitutional hinge for the 8th Circuit's ruling Monday.

1.4 million voters caught between competing court orders

The appeals panel, Judges James Loken, Justin Smith, and David Stras, sided with the state's position, though not unanimously on every point. Loken, named by President George H.W. Bush, and Smith, a Trump appointee, backed the outcome. Stras, also a Trump appointee, argued that the group challenging the map lacked standing to appeal in the first place.

The court's core reasoning was straightforward: Missouri already held its primary under the 2025 district lines, and switching maps between the primary and the general election would leave voters stranded. The panel cited Club for Growth figures showing roughly 1.4 million residents would find themselves in different districts depending on which map applied, a constitutional problem the court said it could not ignore.

The situation mirrors a broader national pattern of redistricting disputes creating confusion for voters and election administrators alike, with courts issuing competing orders that leave officials guessing which rules to follow.

Governor Mike Kehoe signaled the state's position before the 8th Circuit ruled. Fox News reported that Kehoe said the 2025 map, which his office calls the "Missouri First Map", would be used for the general election, arguing that voters and candidates "deserve consistency, certainty, and not to have the rules changed between elections."

Missouri Attorney General Catherine Hanaway told Fox News the state was "prepared to follow and comply with the federal district court's order, which binds the state to using the map enacted by the General Assembly and signed into law by Governor Kehoe."

Opponents plan emergency Supreme Court appeal before September 28 deadline

People Not Politicians Missouri, the group opposing the 2025 map, announced it would file an emergency appeal to the Supreme Court. Richard von Glahn, the group's executive director, pointed to the practical reality on the ground, as the Washington Examiner detailed in its coverage of the legal fight:

"Ballots have been printed, and Missourians have already voted. Thousands more will vote before this order seeks to take effect."

Von Glahn's point underscores the logistical nightmare. Absentee ballots have already gone out to overseas and military voters using the 2022 districts. County clerks have warned that changing maps at this stage would be "practically impossible" and cost hundreds of thousands of dollars.

The 8th Circuit stayed its injunction until September 28, giving the Supreme Court a narrow window to act. But the high court's track record on this case offers no clear signal. It has twice blocked the 2025 map, yet it also froze Judge Clark's order reinstating the 2022 lines, leaving neither side with a definitive win.

The legal tangle in Missouri is not an isolated event. Courts across the country have grappled with redistricting challenges in recent cycles, from federal rulings on Tennessee's congressional map to fights over ballot measures in other states.

What a 7-1 Missouri delegation would mean for the House

The political stakes are plain. If the 2025 map survives, Republicans stand to gain one House seat, flipping Missouri's delegation from 6-2 to 7-1. Rep. Cleaver's Kansas City district, the only reliably Democratic seat outside St. Louis, would effectively be dismantled.

For a Republican House majority that has operated on thin margins, one seat matters. Democrats know it, which is why they organized the referendum effort in the first place.

Missouri's election integrity apparatus has faced scrutiny from multiple directions in recent years. Separate from the redistricting fight, allegations of retaliation and election tampering have surfaced in lawsuits involving the secretary of state's office, adding to the sense that Missouri's election infrastructure is under unusual strain.

The 8th Circuit's ruling now creates a direct conflict between a federal appeals court and the Missouri Supreme Court, which had ordered the state to use the 2022 districts for November. Only the U.S. Supreme Court can resolve the standoff, and it has until September 28 to do so.

The high court's earlier interventions in this case have been terse and unsigned, offering no reasoning for the legal community or the public to parse. Whether the justices will finally issue an explained order remains one of the biggest open questions heading into the final weeks before November.

A system that cannot give voters a straight answer

Step back from the partisan scorekeeping and the picture is worse than either side admits. Missouri held a primary on one set of lines. The state supreme court says use the old lines. A federal appeals court says use the new ones. The U.S. Supreme Court has blocked and unblocked and re-blocked without a word of explanation. Ballots are already in the mail.

Voters did not create this mess. Legislators drew a map. Democrats organized a referendum. Courts intervened, repeatedly, contradictorily, and at the last possible moment. The result is that 1.4 million Missourians do not know which congressional district they live in six weeks before an election.

When the courts cannot agree on the rules, and the calendar has already run out, the people who pay the price are the ones standing in line to vote, not the lawyers filing briefs.

About Alex Tanzer

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