╌>

Missouri Supreme Court rules new GOP-drawn map can't be used for November elections

  

Category:  News & Politics

Via:  perrie-halpern  •  2 months ago  •  31 comments

By:   Ben Kamisar

Missouri Supreme Court rules new GOP-drawn map can't be used for November elections
The court said a referendum seeking to put the map up for a vote must be placed on the ballot, meaning the state's elections this fall will take place under its old congressional lines.

S E E D E D   C O N T E N T


Sept. 3, 2026, 6:04 PM EDT / Updated Sept. 3, 2026, 7:26 PM EDTBy Raquel Coronell Uribe and Jane C. Timm

The Missouri Supreme Court ruled Thursday that the state's redrawn congressional map cannot be used in this year's midterm elections, dealing a blow to Republicans.

The court ruled that a referendum on whether the state can use the map going forward must be included on the November ballot, meaning Missouri's fall elections will take place under its previous district lines.

The new map was designed to draw one of the two Missouri Democrats in Congress, longtime Rep. Emanuel Cleaver, out of his seat.

"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," Cleaver said in a post on X following the ruling, adding that "democracy prevails."

The ruling comes after a protracted battle between advocacy group People Not Politicians Missouri, which sought to block the Republican redistricting effort, and the state GOP leaders who defended it.

Missouri redrew its congressional map in 2025 at the behest of President Donald Trump. In response, People Not Politicians Missouri gathered more than 300,000 signatures to force a veto referendum. And while the group exceeded the signature requirements for getting on the ballot, Missouri Secretary of State Denny Hoskins refused to certify it, saying that it was unconstitutional. The group appealed to the state Supreme Court, which heard arguments on the matter on Wednesday.

The ruling comes just days before the state's Sept. 8 deadline to finalize its ballot for the general election. The state ran its August primary election using the Republican-drawn map.

Judge Ginger K. Gooch wrote in her ruling that Hoskins and those acting with him "are restrained and enjoined from implementing, using, or mandating the use of the congressional redistricting in HB 1 for the November 2026 general election or at any other time thereafter unless and until HB 1 is approved by the voters at the November 2026 general election and takes effect 30 days thereafter."

The court's decision means Cleaver will now be seeking re-election for his old seat, which skews heavily Democratic. He won by almost 24 percentage points in 2024.

The redesigned 5th District, which was struck down by Thursday's ruling, was drawn so that Trump would have won by more than 17 points in 2024.

Missouri Attorney General Catherine Hanaway vowed in a statement following the ruling to appeal the decision to the U.S. Supreme Court.

"Never before in American history has a court overturned a congressional map after a primary and before a general election. This unprecedented decision clearly violates federal law and has thrust our state into a full‑fledged constitutional crisis," Hanaway wrote. "We are confident that the federal courts will not allow every Missouri voter to be disenfranchised—which is what today's decision does."

House Democratic Leader Hakeem Jeffries, D-N.Y., also weighed in, celebrating the decision and referencing the U.S. Supreme Court's May decision to uphold a Virginia Supreme Court decision that did away with a voter-approved congressional map that would have expanded Democratic-leaning districts.

"We are watching closely to determine if they apply the same standard here, or choose to do the bidding of the Republican Party again," Jeffries wrote.

People Not Politicians executive director Richard von Glahn celebrated the ruling.

"This victory reaches beyond Missouri. In a year when map-drawing has become a national weapon, courts across the country are watching what happens here. A Missouri win for the referendum is a signal that the people still hold the power," von Glahn said in a statement.

Missouri is one of a handful of Republican-led states that took up mid-decade redistricting efforts at Trump's urging to shore up the party's narrow House majority.

Trump criticized the ruling in a Truth Social post, calling the ruling "horrible, ridiculous, and unConstitutional."

"The Election Process, as usual, is being disturbed in America! Missouri must be able to use the map that was in effect just a couple of months ago, in the Primary," Trump wrote.

The Republican National Committee also blasted the ruling in a statement.

"The RNC is evaluating every option to challenge this decision, and we will not stop fighting for Missouri voters," said Ally Triolo, the RNC's Election Integrity Communications Director.

The last time one of the state's maps was considered by a voter referendum was in 1922, after the Republican-led state Legislature redrew the districts. Voters at the time rejected the new map.


Tags

jrDiscussion - desc
[]
 
TᵢG
Professor Principal
1  TᵢG    2 months ago

Good.

 
 
 
Dig
Professor Participates
1.1  Dig  replied to  TᵢG @1    2 months ago

Seconded.

 
 
 
Freewill
Junior Quiet
1.2  Freewill  replied to  TᵢG @1    2 months ago
Good.

Indeed.  Now we need to do the same with other states engaging in such gerrymandering.

 
 
 
Sean Treacy
Professor Principal
2  Sean Treacy    2 months ago

Hmm.  it was just hours ago progressives complaining about "judicial activism"..

It's almost like there's no principle other than whatever helps progressivism involved. 

 
 
 
Hallux
Professor Principal
2.1  Hallux  replied to  Sean Treacy @2    2 months ago

What with Mitch McConnell putting up road signs, judicial activism has become a 2-way street for quite some time.

 
 
 
TᵢG
Professor Principal
2.2  TᵢG  replied to  Sean Treacy @2    2 months ago

You claim judicial activism because of partisanship — because this act counters Trump's mid-census gerrymandering favorable to your party.   Partisanship is anti-critical-thinking.

Below is a detailed explanation of the Missouri Supreme Court's legal ruling, written by ChatGPT.   If you think it is wrong, then do the research instead of blindly labeling this judicial activism with no supporting reasoning other than that you dislike the decision.

The Missouri Supreme Court’s legal justification is actually quite straightforward. The case is Richard von Glahn v. Denny Hoskins, SC101805 (Mo. Sept. 3, 2026) , and the decision was unanimous . ( Justia Law )

The key is that the court did not strike down the new map because it considered it an improper gerrymander. It held that the new map, HB 1, never legally took effect because Missouri voters timely invoked their constitutional referendum power.

  1. Missouri's Constitution expressly reserves referendum power to the voters. Article III, §49 says the people may “approve or reject by referendum any act of the general assembly , except as hereinafter provided.” Congressional redistricting enacted by the legislature is an “act of the general assembly.” There is no constitutional exception for congressional redistricting. ( Missouri Revisor of Statutes )

  2. The referendum petition was filed before the new map became effective. HB 1 was scheduled to become effective December 11, 2025. Petitioners submitted more than 300,000 signatures on December 9. The court ultimately determined that the petition was “legal, sufficient, and timely.” ( law.justia.com )

  3. That legally suspended the new law pending the referendum. Article III, §52(b) provides that a measure referred to the voters takes effect only when approved by a majority, “and not otherwise.” Consequently, once the petition was ultimately determined valid, the legal consequence related back to its timely December 9 filing: HB 1 did not take effect on December 11. ( Missouri Revisor of Statutes )

That produces the critical conclusion:

The 2025 map wasn't an effective law that the court later invalidated. According to the court, it “is not the law and has never been the law.”

Therefore, the 2022 congressional map remained the only legally effective Missouri congressional map and must be used in November unless and until voters approve HB 1. ( Justia Law )

What about the federal Constitution saying legislatures set congressional districts?

That was the state's principal argument—and the Missouri Supreme Court had very strong U.S. Supreme Court precedent against it .

Article I's Elections Clause gives state legislatures authority over congressional election rules. But SCOTUS has repeatedly held that “legislature” does not mean the legislature operates outside the state's normal constitutional lawmaking process.

Most importantly, SCOTUS held in Moore v. Harper (2023) that congressional redistricting must occur according to the state's constitutional rules for lawmaking, which “may include the referendum and the Governor's veto.” It expressly rejected the idea that the Elections Clause gives state legislatures “exclusive and independent authority” over federal election rules. ( Supreme Court )

SCOTUS had already reached essentially the exact referendum question in Ohio ex rel. Davis v. Hildebrant (1916) , unanimously rejecting the claim that allowing voters to veto a congressional redistricting law through referendum violated the Elections Clause. Moore expressly reaffirmed that precedent. ( Justia Law )

So the legal chain is:

Missouri legislature passes map → Missouri Constitution permits referendum on legislative acts → sufficient referendum petition filed before map takes effect → Missouri Constitution says referred legislation does not take effect unless voters approve it → therefore new map never took effect → 2022 map remains the law.

But they already used the new map for the August primary. How can the court change it now?

This is the politically awkward part, but it doesn't change the court's legal reasoning.

Secretary of State Denny Hoskins proceeded on the assumption that HB 1 was effective while he was still determining the referendum petition's validity. The Supreme Court was unusually pointed about this. It noted that Hoskins had been warned as early as December 2025 that a successful referendum would freeze the new map, yet he waited until August 4—the primary-election day and the statutory deadline—to declare the petition insufficient . ( Justia Law )

The court therefore rejected the argument that changing maps now would cause confusion and expense, saying much of that problem resulted from the Secretary's own delay. More fundamentally, administrative use of an invalidly effective map cannot transform it into law . The court said that continuing to use HB 1 simply because it had already been used would not comport with the Missouri Constitution. ( Justia Law )

Bottom line

The Missouri Supreme Court's legal basis is quite strong as a matter of existing precedent. The Missouri Constitution expressly reserves referendum power over legislative acts; a valid referendum prevents the referred law from taking effect; and U.S. Supreme Court precedent—including Moore v. Harper just three years ago—expressly recognizes that congressional redistricting can be subjected to state constitutional referendum procedures. ( Supreme Court )

The Attorney General says Missouri will seek U.S. Supreme Court review. ( Reuters ) But if the federal argument is simply “the Elections Clause gives the legislature exclusive authority, so voters cannot subject congressional redistricting to referendum,” Moore v. Harper and Hildebrant present a substantial obstacle to that argument.

Official Missouri Supreme Court opinion — Von Glahn v. Hoskins
Missouri Constitution, Article III §49 — referendum power
Missouri Constitution, Article III §52(b) — effect of referendum
U.S. Supreme Court — Moore v. Harper

I can also track the Missouri AG's promised SCOTUS appeal and flag the first substantive order or decision.

This nationwide gerrymandering is another disgusting consequence of Trump.   It is corruption of our system for partisan purposes.   It forces even more corruption, since the only way to counter it is for the Ds to do likewise.   Why do you continue to defend Trump despite the damage he continues to inflict on our nation?

 
 
 
Sean Treacy
Professor Principal
2.2.1  Sean Treacy  replied to  TᵢG @2.2    2 months ago
You claim judicial activism because of partisanship

Judges threw out a congressional map after the primaries were held.  That is unprecedented. Talk about undermining Democracy. 

 
 
 
Ozzwald
Professor Quiet
2.2.2  Ozzwald  replied to  Sean Treacy @2.2.1    2 months ago
Judges threw out a congressional map after the primaries were held.  That is unprecedented.

Because the Missouri officials refused to act on the legal petition to put it up for a vote.  Those officials are who delayed it until after the primary, the petition was created and got the signatures well ahead of the primary, but Missouri officials refused to act on it until they perceived it as to late to.

 
 
 
Sean Treacy
Professor Principal
2.2.3  Sean Treacy  replied to  Ozzwald @2.2.2    2 months ago

Either the judges needed to rule before the primaries or stay the ruling until the next cycle. 

To do this after the primaries were held is insane. 

 
 
 
TᵢG
Professor Principal
2.2.4  TᵢG  replied to  Sean Treacy @2.2.1    2 months ago
Judges threw out a congressional map after the primaries were held.  That is unprecedented. Talk about undermining Democracy. 

You did not read the analysis.   The court did not “throw out” a valid map after the primary; it unanimously held that the new map never legally took effect because voters timely invoked their constitutional referendum right.  The state’s decision to proceed under a legally unresolved map and then blame the court for enforcing the Constitution is undermining Democracy.

You want something to get upset about?   How about Trump's attempts to rig the midterms?   That is an assault on Democracy.

 
 
 
Ozzwald
Professor Quiet
2.2.5  Ozzwald  replied to  Sean Treacy @2.2.3    2 months ago
Either the judges needed to rule before the primaries or stay the ruling until the next cycle.

So let the government officials withhold a legal petition that was submitted well before primaries?  They did not follow their own law in dealing with the petition which is why it was after the primaries, and your response is "oh well".

 
 
 
Jeremy Retired in NC
Professor Guide
2.2.6  Jeremy Retired in NC  replied to  Sean Treacy @2.2.3    2 months ago
To do this after the primaries were held is insane. 

Screams of election tampering.  

 
 
 
devangelical
Professor Principal
2.2.7  devangelical  replied to  Jeremy Retired in NC @2.2.6    2 months ago
Screams of election tampering

whiplash collars are available online, and it should be easy to get one delivered within 2 months ...

 
 
 
Jeremy Retired in NC
Professor Guide
2.2.8  Jeremy Retired in NC  replied to  devangelical @2.2.7    2 months ago

jrSmiley_90_smiley_image.gif

 
 
 
TᵢG
Professor Principal
2.2.9  TᵢG  replied to  Jeremy Retired in NC @2.2.6    2 months ago

Good grief, pay attention to the facts.   The opposite is true.

 
 
 
devangelical
Professor Principal
2.2.10  devangelical  replied to  TᵢG @2.2.9    2 months ago
Good grief, pay attention to the facts

jrSmiley_10_smiley_image.gif

 
 
 
Jeremy Retired in NC
Professor Guide
2.2.12  Jeremy Retired in NC  replied to  TᵢG @2.2.9    2 months ago

[deleted][✘]

 
 
 
evilone
Professor Guide
2.2.13  evilone  replied to  Sean Treacy @2.2.3    2 months ago
To do this after the primaries were held is insane. 

Hoskins absolutely knew he would have to rule the referendum unconstitutional to keep his job and it would be challenged and overturned by the court, so he tried to play dirty hoping the court would just roll with it. He got burned...

 
 
 
evilone
Professor Guide
2.2.14  evilone  replied to  evilone @2.2.13    2 months ago
He got burned...

He got burned again at the SCOTUS twice this week. I hope the State Supreme Court holds Hoskins in contempt for his continued fuckery.

 
 
 
MrFrost
Professor Guide
2.3  MrFrost  replied to  Sean Treacy @2    2 months ago
it was just hours ago progressives complaining about "judicial activism"..

List them. 

 
 
 
Ozzwald
Professor Quiet
2.3.1  Ozzwald  replied to  MrFrost @2.3    2 months ago

List them. 

Uh oh.  You're asking Sean to provide citations?

 
 
 
Dismayed Patriot
Professor Quiet
2.3.2  Dismayed Patriot  replied to  Ozzwald @2.3.1    2 months ago

jrSmiley_86_smiley_image.gif

 
 
 
Krishna
Professor Guide
2.4  Krishna  replied to  Sean Treacy @2    2 months ago
It's almost like there's no principle other than whatever helps progressivism involved.

Progressives having progressive views?

(I am shocked...absolutely shocked I tell you!)

 
 
 
Sean Treacy
Professor Principal
2.4.1  Sean Treacy  replied to  Krishna @2.4    2 months ago
I am shocked...absolutely shocked I tell you

Not everyone is as quick as you to recognize that many progressives lack all principles and lie to advance their cause. . 

 
 
 
devangelical
Professor Principal
2.4.2  devangelical  replied to  Sean Treacy @2.4.1    2 months ago
lack all principles and lie to advance their cause

maga!

 
 
 
Buzz of the Orient
Professor Expert
3  Buzz of the Orient    2 months ago

What surprises me is that Trump hasn't signed an executive order that only Republicans be allowed to vote in November.  Yes, I know, that's about as ridiculous as renaming Lake Ontario.

 
 
 
Dismayed Patriot
Professor Quiet
3.1  Dismayed Patriot  replied to  Buzz of the Orient @3    2 months ago
What surprises me is that Trump hasn't signed an executive order that only Republicans be allowed to vote in November. 

That is what every one of these Republican actions limiting voting days, reducing early voting, eliminating polling sites in heavily minority and Democratic districts, voter roll purges, is intended to do without having to say the words. But I guess no one should expect Trump or his supporters to be honest about anything considering their track record of non-stop lies and blatant denials of reality.

 
 
 
devangelical
Professor Principal
3.1.1  devangelical  replied to  Dismayed Patriot @3.1    2 months ago

first time in 56 years that I've been excited about the opening of hunting season ...

/s

 
 
 
Krishna
Professor Guide
3.1.2  Krishna  replied to  devangelical @3.1.1    2 months ago
first time in 56 years that I've been excited about the opening of hunting season ... /s

They're importing Beef from Argentina, 

And painting the passports brown . . .

 
 
 
devangelical
Professor Principal
3.1.3  devangelical  replied to  Krishna @3.1.2    2 months ago

it's all processed beef, that way maga doesn't have to explain the swastika brand on the hides before the midterms ...

 
 
 
Trout Giggles
Professor Principal
3.1.4  Trout Giggles  replied to  Dismayed Patriot @3.1    2 months ago

Republicans don't like democracy

 
 

Who is online







97 visitors