Missouri congressional map battle ensues as federal judge clashes with state supreme court 

The fight over Missouri’s congressional map continues after a federal judge restored the Missouri FIRST Map for the November election Tuesday, just minutes after a U.S. Supreme Court justice denied the state’s bid to revive it. The Missouri Supreme Court also weighed in, ordering the secretary of state to show cause why he shouldn’t be held in contempt.

The whiplash rulings cap off a chaotic week of litigation surrounding House Bill 1, which the Legislature enacted last year to redraw the state’s congressional districts. The federal intervention hits pause on a recent state Supreme Court mandate and guarantees the state won’t revert to older district boundaries for at least 14 days.

Federal intervention

The federal restraining order stems from a separate lawsuit filed Sept. 4 by Republican congressional candidates U.S. Rep. Bob Onder and state Sen. Rick Brattin. Chief U.S. District Judge Stephen R. Clark issued a temporary restraining order mandating the continued use of the HB 1 map, called Missouri FIRST, which the state used during the August primaries.

Clark rejected the candidates’ argument relying on the Elections Clause and ruled Missouri may subject congressional redistricting to a referendum. He found Onder and Brattin are highly likely to prevail under Article I, Section 2, and the Equal Protection Clause.

The judge reasoned changing maps after the primary would effectively nullify some votes. It would force hundreds of thousands of Missourians into districts where they had no opportunity to select nominees appearing in November.

Clark applied the Supreme Court’s Purcell principle in reverse. He determined using the 2025 map preserves the election rules voters, candidates and officials already relied on.

Attorney General Catherine Hanaway praised the federal intervention.

“Missouri is prepared to follow and comply with Chief Judge Clark’s order that binds the state to using the Missouri FIRST map for the November General Election,” Hanaway said. “We maintain that changing the congressional map in between the primary and general elections is simply not feasible and profoundly unjust to Missouri voters.”

Gov. Mike Kehoe also expressed support for the federal order.

“We are grateful for Chief Judge Clark’s decision to provide much-needed clarity for Missouri voters and the election process,” Kehoe, a Republican, said on social media. “The Missouri First Map will be used in the general election. Voters and candidates deserve consistency, certainty, and not to have the rules changed between elections.”

The map is widely viewed as favoring Republicans, shifting one of the state’s two Democrat-leaning congressional districts to a Republican lean.

The Supreme Court denial

The federal ruling arrived moments after a highly anticipated decision from the nation’s highest court. Justice Brett Kavanaugh denied an emergency application submitted by Secretary of State Denny Hoskins in a brief order Tuesday evening.

Hoskins petitioned the court to stay a unanimous Sept. 3 ruling by the Missouri Supreme Court. The state court determined a veto referendum initiated by Richard von Glahn and the group People Not Politicians suspended the Missouri FIRST Map. The state court ordered Hoskins to abandon the HB 1 map and utilize the state’s previous congressional map from 2022.

Kavanaugh handles emergency appeals from the 8th Circuit. He turned down the stay without referring it to the full court. Kavanaugh’s denial would have cemented the state Supreme Court’s order to revert the maps if the federal lawsuit hadn’t been filed concurrently.

State, local fallout

Hoskins emailed county clerks telling them to use the new map for printing ballots. He says federal law takes precedence over state law in accordance with the Supremacy Clause.

“Attention Missouri County Clerks & Local Election Authorities: Today… the Federal Eastern District Court issued a Temporary Restraining Order, requiring the use of the CD25 Missouri First Map,” Hoskins wrote to clerks.

The email prompted swift backlash from the state Supreme Court, and Chief Justice W. Brent Powell ordered Hoskins to show cause why he shouldn’t be held in contempt. The state Supreme Court says its injunction remains in full force. The justices are ordering Hoskins to appear in person for oral arguments Thursday morning.

“Missouri is and always will be the place I call home,” Hoskins said. “I will always fight to protect our common-sense Missouri values from a liberal Democrat Socialist and his out-of-state NYC sugar daddies. The Show Me State will not be run into the ground like the communists running NYC on my watch. I will continue to abide by Judge Clark’s federal temporary restraining order on a federal congressional election. I look forward to my day in court.”