Justice Brett Kavanaugh on Tuesday rejected Missouri's emergency request to reinstate a Republican-drawn congressional map for the November election, leaving the state's older, less favorable-to-the-GOP map in place just as a statutory ballot deadline arrived.
Kavanaugh, who handles emergency appeals from the region covering Missouri, denied the request in a one-sentence order without referring it to the full Supreme Court and without explanation. The order came days after the Missouri Supreme Court unanimously ruled that the new map, known as HB 1, could not be used while a citizen-led referendum challenging it moves forward, according to SCOTUSblog's account of the filings.
Two Maps, One Extra Seat
At stake is the difference between Missouri's 2022 map, drawn after the last census and expected to yield six Republican and two Democratic House seats, and HB 1, a mid-decade redraw encouraged by President Trump that would likely hand Republicans seven of the state's eight seats by dismantling the Kansas City-based district held by Democrat Emanuel Cleaver. Missouri had already used the new map for its August primary.
Opponents of HB 1, led by plaintiff Richard von Glahn, gathered more than 300,000 signatures on a petition forcing a statewide referendum on the map. Secretary of State Denny Hoskins rejected the petition as unconstitutional, but the Missouri Supreme Court disagreed, finding the state constitution "authorizes a referendum as to 'any act of the general assembly.'" Hoskins then asked the U.S. Supreme Court to intervene, warning that switching maps at the last minute risked an "election-administration disaster" of voter confusion and added cost. Von Glahn's side countered that the 2022 map remains "the legal status quo" while the referendum is pending.
The dispute has been complicated further by a separate federal court ruling favoring two Republican congressional candidates who argue the primary-tested new map must be used in November to avoid constitutional problems — a conflict that NBC News reported leaves Missouri's ballot in an unusual state of legal limbo even after Kavanaugh's order.
Part of a Broader Fight Over the Map
The case is one of several redistricting disputes the Supreme Court has taken up on an accelerated basis ahead of the midterms, as both parties fight over mid-decade map changes in multiple states. For now, Missouri will proceed toward November using the 2022 map, with HB 1 taking effect only if voters approve it as a ballot measure at the general election — unless further appeals or the unresolved federal case change the picture before ballots must be finalized.
