Justice Brett Kavanaugh recently issued an order that blocks Missouri from implementing a new congressional map, which was anticipated to provide Republicans with an extra seat in the U.S. House of Representatives for the upcoming November elections. The order was part of the Supreme Court’s interim docket decisions and most likely ensures that the existing map, adopted by Missouri in 2022 following the 2020 census, will remain in use for the 2026 election cycle. This decision was reported by SCOTUSblog.
Missouri Secretary of State Denny Hoskins had sought to pause a ruling by the Missouri Supreme Court, which prevented the use of the new map, known as HB 1. The state supreme court had previously determined that the Missouri Constitution authorizes a referendum on any act of the general assembly, a ruling that Secretary Hoskins argued resulted in “confusion, expense, and practical difficulties” due to his delay in addressing the referendum petition. Hoskins maintains that this goes against the U.S. Constitution’s Elections Clause, asserting that it is the state legislature, not voter petitions, that should dictate the “Times, Places, and Manner” of federal elections. Further details on this argument can be found in the court’s opinion.
The conflict prompted legal motions, with Hoskins arguing before the Supreme Court that the state was facing an “election-administration disaster” and that the Missouri Supreme Court’s decision violates constitutional guarantees. Meanwhile, Richard von Glahn, a plaintiff challenging the new map, argued that the Supreme Court did not have jurisdiction, as the state ruling was based solely on state law provisions. He emphasized that HB 1 had not yet taken effect in Missouri, thus maintaining the 2022 congressional map. For a deeper dive into the legal documents related to this case, interested parties can review the opposition to the emergency stay application.
Kavanaugh ultimately decided against granting the stay without involving the full court, which effectively keeps the 2022 map in place until at least the 2026 elections while Missouri voters will decide on HB 1 through a ballot referendum. This decision underscores the continued tensions regarding electoral map drawing and the power struggles between state and federal interpretations of election laws.