Eighth Circuit orders Missouri to use GOP-drawn congressional map weeks before midterms
The Eighth Circuit Court of Appeals has ordered Missouri to adopt the Republican-drawn 2025 congressional map for the November midterms, a ruling that could hand the GOP an extra House seat even after the Supreme Court twice blocked the same lines.
A two-judge majority on the federal appeals panel issued a permanent injunction Monday requiring state officials to run the November 2026 general election on the map Missouri's Republican-controlled legislature passed last September. Judges James Loken, a George H.W. Bush appointee, and Justin Smith, a Trump appointee, grounded the order in a constitutional argument: because Missouri already ran its August primary on the 2025 district lines, forcing voters back onto the old 2022 map would strand roughly 1.4 million residents between two different districts for the primary and the general election. The court called Missouri's plan to revert to the 2022 map unconstitutional, writing that only the 2025 map complies with the Constitution and federal law.
The injunction is stayed until September 28 to give the Supreme Court room to weigh in, and opponents have already promised to ask the justices to intervene for a third time.
A map fight that kept flipping
The ruling is the latest turn in a redistricting saga that has ricocheted between state and federal courts for a year. Missouri's legislature redrew its congressional boundaries in September 2025, producing a map that splits the Kansas City, based Fifth Congressional District held by Democratic Rep. Emanuel Cleaver. Under the old 2022 lines, Republicans held a 6-2 advantage in Missouri's delegation. The 2025 map, as Just The News reported, would push that split to 7-1, effectively eliminating one of the state's two Democratic-leaning seats.
Democrats and the advocacy group People Not Politicians Missouri gathered signatures for a referendum that would put the new map before voters in November and keep the old lines in place until then. Missouri's Republican secretary of state, Denny Hoskins, declared the referendum illegal. The Missouri Supreme Court unanimously overruled him and ordered the state to use the 2022 map pending the vote.
State officials then carried their fight to the U.S. Supreme Court. Justice Brett Kavanaugh rejected the emergency appeal on September 8. Within minutes of that rejection, U.S. District Judge Stephen Clark, a Trump appointee, issued a 14-day temporary restraining order blocking a return to the old lines and requiring the state to keep the 2025 map in place.
Two days later, the Supreme Court froze Judge Clark's order without explanation. That appeared to settle the matter in favor of the 2022 lines, until Monday's Eighth Circuit ruling revived the GOP map yet again.
1.4 million voters caught between two sets of lines
The constitutional logic of the Eighth Circuit's majority rests on a simple problem: Missouri already held its August primary under the 2025 boundaries. Switching back to the 2022 map for the general election would place a large share of the state's voters in districts different from the ones where they cast primary ballots. The court cited figures from the conservative Club for Growth estimating that approximately 1.4 million residents sit in different districts depending on which map is used, nearly one in four voters statewide, AP News reported.
The majority wrote that any confusion "stems from the last-minute decision by a state court to switch the congressional map," placing blame on the Missouri Supreme Court's order rather than on the legislature's redraw.
Judge David Stras, also a Trump appointee, broke partially from his colleagues. He argued that People Not Politicians Missouri lacked standing to challenge the map in the first place. That position is difficult to square with the Supreme Court's own earlier orders granting the group relief, a tension the Daily Caller's Mark Tanos flagged in his reporting.
Ballots already printed, votes already cast
The practical fallout may be severe. Richard von Glahn, executive director of People Not Politicians Missouri, told Democracy Docket that the ruling lands in the middle of an election already underway:
"Ballots have been printed, and Missourians have already voted. Thousands more will vote before this order seeks to take effect."
Von Glahn's group has announced it will file an emergency appeal to the Supreme Court, the third time the justices will be asked to weigh in on the same map. The stay built into Monday's injunction, running through September 28, gives the court a narrow window to act before the order takes effect.
Whether the justices intervene again is an open question. Earlier this month, SCOTUS justices signaled that federal judges should keep their distance from the fight, a message the Eighth Circuit panel plainly did not heed. The Supreme Court's earlier decisions to block the 2025 map twice, both times without detailed explanation, left lower courts and election officials guessing at the reasoning, and the Eighth Circuit majority chose to read that silence as room to maneuver.
Missouri's governor and attorney general have indicated they will comply with whichever federal order stands. Gov. Mike Kehoe said after Judge Clark's earlier ruling that the 2025 map would be used in the general election, a position consistent with the state's broader legal push to preserve the new lines.
House control hangs on a single seat
Republicans hold a slim House majority heading into the midterms, and the president's party historically sheds seats in midterm cycles. A net gain of even one seat in Missouri could matter. If the 2025 map survives, Cleaver's Kansas City district disappears, and Republicans would likely carry seven of the state's eight congressional seats.
President Trump has publicly backed the redrawn map. He posted that "Missouri must be able to use the map that was in effect just a couple of months ago, in the Primary," Fox News reported, calling the Missouri Supreme Court's earlier ruling against the lines "ridiculous."
Republican Rep. Bob Onder struck a similar note after Judge Clark's September 8 order, saying he was "very pleased with the results" and believed the judge "got it right." He also previewed the Eighth Circuit fight, telling reporters, "This isn't over."
He was right. The question now is whether the Supreme Court will let the Eighth Circuit's order stand, or block the GOP-drawn map for a third time with the election already in progress.
Secretary of state's contempt saga underscores the stakes
The intensity of the fight was visible weeks ago, when the Missouri Supreme Court briefly held Secretary of State Hoskins in contempt for failing to follow its order to use the 2022 districts. Hoskins ultimately complied, and the contempt finding was lifted, but not before the standoff illustrated how far state officials were willing to push to keep the new lines in place.
That episode, combined with Judge Clark's near-instant restraining order minutes after Kavanaugh's rejection and now the Eighth Circuit's permanent injunction, paints a picture of Republican officials and sympathetic federal judges working in close sequence to preserve a map that the Supreme Court has repeatedly questioned.
For the left-leaning groups fighting the map, the pattern looks like forum-shopping, losing in one court and immediately trying another. For Republicans, it looks like using every available legal avenue to defend a map their legislature lawfully passed and their voters already used in a primary. Both sides now wait on nine justices who have so far offered orders but very little explanation.
Several open questions remain. No one outside the Supreme Court knows why the justices blocked the 2025 map twice without publishing reasoning. The exact constitutional provision the Eighth Circuit relied on for its "single district through both elections" argument has not been spelled out in public reporting. And no one has provided a firm count of how many Missourians have already cast ballots that may need to be reconciled with a different set of district lines.
Redistricting fights have reshaped the legal landscape around elections in recent years, but Missouri's back-and-forth stands out for sheer velocity. A map passed, challenged, blocked, revived, frozen, and revived again, all within twelve months, is not normal judicial process. It is a stress test.
When courts keep flipping the rules weeks before an election, the people who pay the price are not politicians or lawyers, they are the voters who showed up, cast a ballot, and now have no idea which district they live in.

