SCOTUS rejects Missouri GOP bid to use revised congressional map in midterms
Justice Brett Kavanaugh on Tuesday denied Missouri's emergency appeal without comment, leaving in place the Missouri Supreme Court's ruling blocking the state's revised Republican-backed congressional map from being used in November's general election.
Kavanaugh acted alone and did not refer the application to the full Supreme Court.
The decision means Missouri will conduct the general election using its 2022 congressional districts after the state high court ruled the newer map never legally took effect because a voter-backed referendum suspended the law before it could go into effect.
Missouri Attorney General Catherine Hanaway had asked the Supreme Court to intervene after the Missouri Supreme Court ruled last week that the state's revised congressional map could not be used in November, despite having been used during last month's primary election. The emergency appeal was directed to Kavanaugh because he oversees emergency applications arising from the Eighth Circuit.
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The revised map, backed by President Donald Trump and Missouri Republicans, was designed to make Democratic Rep. Emanuel Cleaver's Kansas City-area district more favorable to Republicans, with the goal of expanding the GOP's congressional delegation from 6-2 to 7-1.
The Missouri Supreme Court ruled the referendum petition filed by opponents after lawmakers approved the new districts prevented the map from taking effect unless voters ultimately approve it. The court concluded the congressional map adopted after the 2020 census "remains in full force and effect for the November 2026 general election."
Hanaway argued the state faced an unprecedented situation after administering its primary election under one set of congressional districts only to be ordered to use another for the general election.
In its emergency filing, Missouri told the Supreme Court it now faced "the unprecedented scenario of being forced to apply a starkly different congressional map in the 2026 General Election." The state argued election officials were uncertain whether they could comply with the Missouri Supreme Court's order with voting scheduled to begin within days.
"Only this Court can prevent Missouri from being forced to disenfranchise hundreds of thousands of voters; and only this Court can ensure that Missouri hosts a timely and lawful federal congressional election," the application said.
Hanaway also called the Missouri Supreme Court's ruling "catastrophic."
"We have just appealed yesterday's catastrophic ruling to the Supreme Court of the United States," she said after filing the emergency appeal. "We look forward to the Court's prompt review of this critical matter, as our ability to hold timely and lawful congressional elections hangs in the balance."
Opponents urged the justices to reject the request, arguing there was no genuine emergency because Missouri officials created the timing problem themselves.
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In their response, they argued the state's Secretary of State waited until "the last possible day" to challenge the referendum after implementing the revised map during the congressional primary, hoping the courts would refuse to order a return to the previous districts so close to the general election.
"The Emergency Application for Stay does not present a real emergency," they wrote.
They also argued the Supreme Court should not "reward the Secretary's scheme to outsmart Missouri voters, Missouri law, and the Missouri Supreme Court" by allowing the state to use a map the state's highest court concluded "is not the law and has never been the law."
Kavanaugh's denial leaves the Missouri Supreme Court's ruling in place, meaning Missouri's 2022 congressional map will remain in effect for the November general election.