A federal appeals court has reinstated Missouri’s Republican-drawn congressional map for November’s election, but gave opponents one week to seek emergency intervention from the Supreme Court — the third time justices may be asked to settle this dispute.
The Eighth Circuit panel ruled Monday that Missouri cannot use different maps for the primary and general elections in the same year. Military and overseas ballots using the old map went out Saturday. Absentee voting for Missouri voters begins Tuesday.
Constitutional Continuity Trumps Fairness Claims
The three-judge panel found that switching maps mid-election would violate voters’ constitutional rights more than using a map critics call gerrymandered. “Article I, Section 2’s right to participate in the procedure of choosing a member of Congress requires continuity in the constituency throughout all stages of a single election,” the court wrote. “Changing district lines between the primary and general election prevents an affected voter from participating in either district’s complete procedure of choice.”
Missouri used the new, Republican-favorable map for its August primaries. A lower court later blocked it, ordering the state to revert to the 2022 lines for November. The appeals court called that solution unconstitutional — voters who participated in one district’s primary would suddenly find themselves in a different district for the general election.
Supreme Court May Decide Before Ballots Are Counted
The panel delayed implementation until September 28 to allow opponents time to seek emergency relief from the Supreme Court. This marks the third time the high court may intervene in Missouri’s redistricting battles since 2022.
The timing puts Missouri election officials in an impossible position. Absentee ballots are already in the mail using the 2022 map. If the Supreme Court declines to intervene by next week, the state will need to reprint ballots, update voter rolls, and notify thousands of absentee voters their ballots may not count — all while regular absentee voting is underway.
The case reflects a broader legal reality: federal courts increasingly refuse to intervene in redistricting disputes close to elections, even when maps are allegedly unfair, citing the chaos that last-minute changes create. The practical result is that whichever map is in use when litigation drags into election season often stays in place, regardless of its legal merits.
Key Points
- Eighth Circuit ruled Missouri cannot use different congressional maps for primary and general elections in the same year
- Court gave opponents until September 28 to seek Supreme Court emergency relief — the third time justices may decide this dispute
- Military ballots already mailed using old map while absentee voting begins Tuesday, creating potential chaos if Supreme Court intervenes
https://www.courthousenews.com/eighth-circuit-revives-gop-gerrymandered-missouri-map-for-third-visit-to-supreme-court/ – September 22, 2026
