On Monday, the U.S. Federal Appeals Court sided with the Republican Party, ruling that Missouri should use the congressional district map approved by the state legislature in 2025 for the midterm elections on November 3. However, the temporary stay issued by the U.S. Supreme Court on September 10 is still in effect, and the final decision on which version to use may still be determined by the Supreme Court.
The three-judge panel at the Eighth Circuit Appeals Court upheld the decision previously made by federal district judge Stephen Clark, requesting a permanent injunction to prevent Missouri Secretary of State Denny Hoskins from using any congressional district map other than the one approved by the state legislature in 2025.
The Appeals Court also stayed the execution of the ruling until 5 p.m. Central Time on September 28, giving parties involved time to seek relief from the U.S. Supreme Court.
The U.S. Supreme Court issued a temporary stay on September 10, halting the enforcement of Judge Clark’s temporary restraining order issued on September 8, which required Missouri to use the 2025 district map for the 2026 election.
The court stated that without the stay from the Supreme Court, the Secretary of State and local election officials would have had to immediately implement the 2025 map, and whether the Supreme Court would hear the related appeals is still pending.
The panel pointed out that Missouri’s plan to continue using the 2022 district map in the November 2026 election “violates the U.S. Constitution”; only the use of the 2025 map complies with the Constitution and federal law.
The judges also noted that the Constitution does not allow Missouri to use different congressional district maps in the primaries and general election of the same year.
This case involves the redistricting of congressional districts in Missouri. In 2025, the state legislature passed a new map that replaced the 2022 version. The 2025 map was already used in the party primaries on August 4. According to that map, the Republican Party is expected to hold 7 seats in the Missouri Congressional districts, while the Democratic Party holds 1 seat; in contrast, the 2022 map had the Republican Party at 6 seats and the Democratic Party at 2 seats.
After the approval of the 2025 new district map, opponents initiated a referendum. The Missouri Supreme Court ruled on September 3 that the referendum procedure was legally valid, and thus the 2025 map had not yet taken effect, continuing to use the 2022 district map for the November election.
On September 8, federal district judge Clark argued that since the primaries already used the 2025 map, reverting to the 2022 map for the general election might be unconstitutional, hence the request to continue using the 2025 map. On September 10, the Supreme Court temporarily stayed that order, allowing the temporary use of the 2022 district map.
After the Supreme Court issued the temporary stay, election officials in some counties in Missouri had started sending ballots to military personnel and overseas voters based on the 2022 map.
The Eighth Circuit Appeals Court held a hearing with attorneys on September 17 regarding the case. The judges expressed that the brief decision by the Supreme Court did not provide specific legal reasons, making it difficult for lower courts to determine how to apply the two sets of district maps.
Judge James Loken of the Eighth Circuit Appeals Court stated during the hearing that the Supreme Court’s decision seemed to signal the need for expedited handling of the case.
The latest decision is expected to be submitted to the Supreme Court, and the final determination of which congressional district map Missouri will use for the November 3 election may still be decided by the Supreme Court.