Missouri Attorney General Catherine Hanaway submitted an emergency appeal to the U.S. Supreme Court on Friday, requesting that a new congressional map, which has garnered support from former President Donald Trump and other Republican leaders, be permitted for use in the November midterm elections.
This appeal comes in the wake of a decision by Missouri’s highest court to block the redistricting plan and mandate a statewide public vote in November on its adoption.
Attorney General Hanaway specifically asked the U.S. Supreme Court to immediately halt the state high court’s ruling.
We have just appealed yesterday's catastrophic ruling to the Supreme Court of the United States. 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.
Hanaway, a Republican, stated her office's position, underscoring the urgency of the situation.
Missouri law stipulates that changes to the November ballot must be finalized by Tuesday. U.S. Supreme Court Justice Brett Kavanaugh, who is responsible for appeals originating from this region and can render a decision individually or refer the matter to the full court, has requested opponents of the new map to submit their responses to the appeal by Monday.
State Court's Ruling and Referendum Dispute
The Missouri high court’s decision on Thursday is one of several recent rulings in a nationwide redistricting dispute that has been championed by Trump. Republicans had aimed to utilize Missouri’s new congressional boundaries to secure an additional seat, thereby bolstering their narrow majority in the House of Representatives.
The state Supreme Court determined that a referendum petition, submitted in December with over 300,000 signatures from opponents, effectively prevented the new districts from becoming active unless approved by voters.
Republican Secretary of State Denny Hoskins had delayed rejecting the petition until primary Election Day last month. He contended that the Missouri constitution does not permit referendum petitions concerning congressional redistricting. While a lower court initially supported Hoskins’ stance, the state Supreme Court subsequently overturned that decision.
In its ruling, the state Supreme Court stated that the referendum petition was “legal, sufficient, and timely, and the secretary incorrectly concluded otherwise.” The court further clarified that the measure containing the new districts “did not go into effect and will not go into effect unless and until approved by the voters.”
Although Missouri’s new districts were utilized during the primary elections last month, the state Supreme Court has ruled they cannot be used again unless voters first affirm the new districts. These districts were passed by the Republican-controlled legislature and signed into law by Republican Gov. Mike Kehoe last September.
Consequently, the court affirmed that the congressional map adopted after the 2020 census “remains in full force and effect for the November 2026 general election.”
It is notable that five of the seven sitting justices on the Missouri Supreme Court, including the chief justice, were appointed by Republican governors.
Attorney General Hanaway asserted that no other court has previously mandated congressional maps after a primary election but before a general election.
No court in American history has ever given such an extraordinary remedy, which inflicts unprecedented chaos on Missouri.
Her office’s appeal stated, adding that “Looking forwards, the State is genuinely unsure whether it can switch its governing congressional map in time to run a timely federal election.”
National Redistricting Battle and Political Stakes
Congressional districts are typically redrawn at the beginning of each decade, utilizing new census data. However, former President Trump’s objective to shift the political landscape in favor of Republicans for the midterm elections ignited a mid-decade redistricting conflict that has impacted more than a dozen states nationwide.
Trump described Thursday’s ruling as “ridiculous” and argued it was unconstitutional, claiming there would not be sufficient time to modify the map before the November elections. Missouri’s governor expressed his “extremely disappointed” reaction to the decision by “unelected judges and their lack of respect for the legislative process.”
The proposed new Missouri map specifically targeted the Kansas City-area district of long-serving Democratic Representative Emanuel Cleaver. It sought to shift the district eastward to incorporate more rural, right-leaning voters. The map’s design aimed to make Cleaver’s district more favorable to Republicans, who anticipated it would result in a 7-1 advantage for their party within the state’s congressional delegation.
Representative Cleaver commented on the situation, stating,
More than 305,000 Missourians demanded a say in who will represent them in the halls of Congress. Despite the cynical and deeply shameful attempt to silence many of our neighbors, the people fought back and won. This reaffirms that the people should choose their politicians, not the other way around. Democracy prevails.
