A federal appeals court on Monday introduced a new wrinkle into the convoluted fight over whether Republicans can use a new congressional map in November’s election, as the GOP tries to eliminate one of the state’s two Democratic House districts.
The St. Louis-based 8th U.S. Circuit Court of Appeals ordered that the new map drawn last year should be used this fall, even though the Supreme Court has already twice rejected Republicans on the issue in recent weeks and had apparently put the issue to bed.
“This Court holds that Missouri’s current plan to use the 2022 map in the November 2026 general election violates the Constitution. Only use of the 2025 map complies with the Constitution and federal law,” the appeals court said in an unsigned ruling.
The decision has no immediate effect and faces long odds to be implemented ahead of the election based on the Supreme Court’s previous action.
The three-judge appeals court panel was comprised of Republican-appointed judges, including two picked by President Donald Trump.
The appeals court put its ruling on hold for a week, giving the challengers time to seek Supreme Court intervention again.
“Ballots have been printed, and Missourians have already voted. Thousands more will vote before this order seeks to take effect. Officials should stop wasting taxpayers’ money on pointless legal action and instead focus on administering our elections,” Richard von Glahn, the executive director of People Not Politicians, the group challenging the map, said in a statement.
Monday’s decision upheld a decision by Missouri-based U.S. District Judge Stephen Clark, who had that the new map must be used, notwithstanding the Missouri Supreme Court having previously reached the opposite conclusion.
The U.S. Supreme Court put Clark’s ruling on hold on Sept. 10 in a decision that seemed to end the dispute, with the state set to use the previous map from 2022, which includes six seats held by Republicans and two held by Democrats. Missouri was one of several states where the Legislature drew a new map last year, seeking to draw out Democratic Rep. Emanuel Cleaver and create a 7-1 GOP map.
Missouri Secretary of State Denny Hoskins, a Republican, had after a significant delay ordered election officials to use the 2022 map.
That followed an unusual proceeding in which the Missouri Supreme Court held him in contempt for failing to comply with its ruling that said the 2025 map had to be put on hold under state law while a voter referendum takes place.
The legal fight began when opponents of the new map gathered sufficient signatures to put the new map before voters in November as a ballot referendum.
But Hoskins delayed a decision about whether to include the measure on the ballot, waiting until the last minute before rejecting the plan, arguing that redistricting plans are not subject to voters’ approval.
