Eighth Circuit orders Missouri to use GOP-drawn congressional map, overriding state supreme court

 September 22, 2026

A federal appeals court ruled Monday that Missouri must use its 2025 Republican-drawn congressional map for November's elections, a decision that came just one day before absentee and mail-in ballots were set to go out.

The St. Louis-based Eighth U.S. Circuit Court of Appeals upheld a previous ruling by Judge Stephen R. Clark, finding that Missouri's plan to revert to its older 2022 congressional map for the November 2026 general election is unconstitutional. The panel reversed a series of Missouri Supreme Court decisions that had blocked the new map, and it gave opponents one week to take the fight back to the U.S. Supreme Court.

The stakes are straightforward. Missouri's Republican-dominated state legislature drew the 2025 map to split the Kansas City-area 5th Congressional District, the state's largest metro area, into two districts. Under the old 2022 map, Missouri had two Democratic-leaning congressional seats. The new lines, as Just The News reported, would give Republicans a 7-1 advantage and eliminate the Kansas City-based district currently held by Democratic Rep. Emanuel Cleaver.

Over 1.2 million Missouri voters already cast ballots using the 2025 map in August's primary elections. An August state trial court found that switching back to the old lines "would move hundreds of thousands of voters into different districts for the imminent 2026 general election compared to the districts in which they cast their ballots in the August primary elections."

Clark: only the 2025 map "complies with the Constitution and federal law"

Judge Clark's earlier decision, now upheld by the appeals panel, left no room for ambiguity. Fox News reported his ruling stated plainly:

"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."

The Eighth Circuit panel went further, arguing there is precedent for states to produce new ballots on a compressed timeline, directly rebutting the logistical objections raised by election officials on the ground.

The panel's majority framed the confusion not as a product of the new map, but of the state court's last-minute reversal. Breitbart reported the panel wrote: "Any confusion stems from the last-minute decision by a state court to switch the congressional map." In other words, the disruption came from undoing the map voters already used, not from keeping it in place.

That reasoning carries weight. Voters went to the polls in August under the 2025 lines. Telling them their November ballot will now follow a different set of district boundaries, after they already chose their party nominees, would create exactly the kind of electoral chaos courts are supposed to prevent.

County clerks refuse to comply, citing ballot deadlines

Not everyone is falling in line. The Missouri Association of County Clerks and Election Authorities announced it will not use the 2025 map for November, arguing in an appeal filing that the state simply does not have enough time to provide new ballots. Military and overseas voters have already begun receiving their ballots, the Associated Press reported.

Richard von Glahn, executive director of the opposition group People Not Politicians, issued a statement to the AP pushing the same line:

"Ballots have been printed, and Missourians have already voted. Thousands more will vote before this order seeks to take effect. Officials should stop wasting taxpayers' money on pointless legal action and instead focus on administering our elections."

Von Glahn's complaint about "wasting taxpayers' money" is rich, given that the legal back-and-forth exists because the Missouri Supreme Court repeatedly blocked a map that the legislature lawfully passed and that voters already used. The waste flows from the state court's refusal to let the legislature's work stand, not from the federal court enforcing it.

The U.S. Supreme Court has already blocked Missouri's redrawn map twice on procedural grounds, most recently earlier this month. But the Eighth Circuit's Monday decision reframes the constitutional question, putting it squarely before the justices again with a one-week window for opponents to file an emergency appeal.

Trump backed the new map weeks before the Eighth Circuit ruled

President Trump weighed in on the Missouri redistricting fight well before Monday's decision. On Sept. 4, he posted on Truth Social after the Missouri Supreme Court ruled in favor of the old 2022 lines:

"The Missouri Supreme Court just ridiculously ruled in favor of changing the maps back to what they were a long time ago. It's called, Ancient History! The problem is, according to Legal Scholars, that not only was the ruling horrible, ridiculous, and unConstitutional, but there won't be enough time to change the map back with the Election coming up in a very short period of time."

He added: "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. This is a Dark Day for 'Justice' in Missouri!"

The Eighth Circuit's ruling now aligns with the position Trump staked out publicly. Missouri Gov. Mike Kehoe, a Republican, joined Fox News to discuss the decision, though his specific remarks were not detailed in the network's report. The broader pattern is clear: the federal judiciary sided with the state legislature and the president against a state supreme court that tried to undo a lawfully enacted redistricting plan weeks before a general election.

This redistricting battle is part of a broader wave of mid-decade map-drawing in Republican-led states, aimed at shoring up GOP advantages ahead of the 2026 midterms. The Trump administration has shown no reluctance to take fights to the Supreme Court when lower courts stand in its way, and Missouri may be the next test of that willingness, this time with the clock running out.

Ballot logistics versus constitutional order

The county clerks' refusal to comply raises a practical question that the courts will have to resolve fast. Absentee ballots were scheduled to go out the day after Monday's ruling. Some military voters overseas already have theirs. Reprinting and redistributing ballots on a compressed timeline is a logistical headache, nobody disputes that.

But the Eighth Circuit addressed this directly, noting that precedent exists for producing new ballots quickly. The panel's position is that constitutional compliance outweighs administrative inconvenience. If the 2022 map violates the Constitution, as Clark's ruling holds, then using it anyway because printing new ballots is hard is not a serious legal argument. It is an excuse.

The dispute also highlights a tension that has surfaced in recent Supreme Court battles over election administration: when does the logistical tail wag the constitutional dog? Election officials cannot create facts on the ground, printing ballots under an unconstitutional map, and then argue that fixing the problem is too disruptive.

The one-week delay gives opponents a narrow window to seek emergency relief from the Supreme Court. Given that the justices have already turned away the 2025 map twice on procedural grounds, the outcome is far from certain. But the Eighth Circuit's constitutional framing, that using the old map for the general election after voters primaried under the new one violates the Constitution, gives the justices a different question to answer this time.

Missouri's legislature drew a map. Voters used it. A state court tried to undo it at the last minute. A federal court said no. Now the federal judiciary has once again stepped in to defend the constitutional process against a state court willing to revise the rules after the game started.

If the Supreme Court lets the Eighth Circuit's ruling stand, Missouri will head into November with a map that reflects the will of its elected legislature and the votes of 1.2 million primary voters. If it doesn't, the justices will have to explain why administrative convenience trumps constitutional order, and why voters who already cast ballots under one set of lines should be shuffled into new districts for the general election.

Legislatures draw maps. Courts are supposed to referee, not redesign the game mid-season. Missouri's voters deserve to finish the election they already started.


About Tim Harrison

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