Republican Appointed Judges Rule Against New Missouri Map-What It Means For Voters - Newsweek

The 8th U.S. Circuit Court of Appeals has ruled in favor of a Republican-backed congressional map on Monday, saying for the upcoming midterm elections that Missouri should use the newly drawn maps, which "complies with the Constitution and federal law."

In the ruling, the panel of three judges said in part, "This Court holds that Missouri’s current plan to use the 2022 map in the November 2026 general election violates the Constitution. Only use of the 2025 map complies with the Constitution and federal law. We affirm the district court and remand for entry of a permanent injunction."

The decision was made by Judge James B. Loken, nominated by Republican President George H.W. Bush, Judge David R. Stras, nominated by President Donald Trump, and Judge Justin D. Smith, also nominated by Trump.

The Supreme Court earlier this month granted an emergency appeal blocking the new redistricting map that would reshape Missouri's eight House districts. This ruling also came days after Justice Brett Kavanaugh declined to hear an emergency appeal on the case.

According to the appellate panel's ruling, the judges urged the lower court to administer a stay for one week until 5 p.m. CT September 28. "Without any stay, Secretary [of State Denny] Hoskins and local election authorities would be required to immediately begin implementing the 2025 map before the Supreme Court receives or decides any appeal."

Newsweek reached out to the Supreme Court via email on Monday for comment.

Stras said that he dissented in part with the decision, saying in the document in part, "There are multiple problems with this appeal. The court names one: a probable violation of Article I, section 2 of the Constitution as interpreted."

The judge later added, "But I would not even get that far because People Not Politicians and Richard von Glahn lack standing. For that reason, I would dismiss the appeal."

Following the 8th Circuit's decision, District Judge Stephen Clark in the Eastern District of Missouri entered a permanent injunction, ultimately blocking Hoskins or the secretary's agents, officers and employees from implementing a map other than the one from 2025.

The legal wrangling has elicited uncertainty and confusion over which map voters will receive and vote on in the upcoming midterms.

People Not Politicians had successfully challenged Missouri's new map, which has been celebrated by Trump, in state court and initiated the second appeal to the U.S. Supreme Court.

In a previous statement to Newsweek after the High Court's ruling earlier this month, von Glahn, group executive director, said, "The law is the law, the Missouri constitution is clear as was the Missouri Supreme Court. Over 305,000 Missouri voters—Republicans, Democrats and Independents took action to block this political power grab last fall. People, not politicians, will have the final say when they vote NO on Proposition A this November."

Democratic Congressman Christian Menefee of Texas also reacted to the panel's decision on Monday, saying on X, "This is outrageous. The Supreme Court already stepped in twice to block Missouri's rigged map. Ballots are already in the mail. Now, at the 11th hour, an appeals court is letting Missouri Republicans force that rigged map on voters anyway. All to erase a Kansas City district and silence Black and Brown voters. Catastrophic for confidence in our elections."

Absentee ballots have been shipped out to military voters and overseas citizens with the 2022 maps. By Tuesday, absentee ballots are to be available to all other voters under state law, according to the Associated Press.

In the panel's decision, the judges argued in part, "For all Missouri voters not covered by UOCAVA [Uniformed and Overseas Citizens Absentee Voting Act], absentee ballots may be requested and cast beginning on September 22, 2026. Mo. Rev. Stat. § 115.281.1. That deadline has not yet arrived, and thus general absentee voting has not yet begun. Accordingly, the September 22, 2026, absentee ballot commencement date does not moot this case."

Neama Rahmani, former federal prosecutor and the president of West Coast Trial Lawyers, told Newsweek via email on Monday night, "Missouri is a total mess. The Missouri Supreme Court ruled that the 2025 map was unlawful because it was not approved by the voters. Normally a state Supreme Court is the ultimate decision maker when it comes to state law, but now a federal circuit court has ruled that changing back to old 2022 map violates federal law because congressional districts can't be changed between primary and general elections."

Rahmani continued, "There is also a reverse-Purcell issue, with the federal appellate court holding that the new 2025 map is effectively the status quo and should not be changed shortly before an election. The problem is some ballots have already been mailed and a number of Missourians have voted. Had the Missouri Secretary of State simply put the issue of the new map to the voters instead of deciding that it was legally unnecessary, we wouldn't be in the mess. Instead, the U.S. Supreme Court will almost certainly have to step in and resolve this dispute between state and federal law."

Newsweek’s reporters and editors used Martyn, our AI assistant, to produce this story. Learn more about Martyn here.

For questions on this story, contact Newsweek editor Edward T. Cummins.