Well, this adds an interesting wrinkle to things...
On Thursday afternoon, the Missouri Supreme Court unanimously reversed a lower court decision that held that the referendum process could not be used for congressional redistricting.
This effectively reverts the state back to the congressional map that was in effect in 2022 — even though the state's primary elections, held in early August, were held with the redrawn 2025 map in effect. And it means that Missourians will be voting on the map in November.
This one appears headed to the U.S. Supreme Court.
The decision puts a congressional plan before voters for the first time since 1922 and affirms that the Missouri Constitution’s provision allowing voter-initiated referenda applies to redistricting plans as well as almost all other legislation.
“Because the plain language of… the Missouri Constitution authorizes a referendum as to ‘any act of the general assembly’ and no exception applies, the referendum petition was legal, sufficient, and timely,” Judge Ginger Gooch wrote in the unanimous opinion. “This court reverses the circuit court’s judgment.”
The court not only put the referendum on the ballot, it ordered Secretary of State Denny Hoskins to use the district lines drawn in 2022 for this year’s general election.
The map passed by the state legislature in 2025 made it likely that the makeup of Missouri's congressional delegation would shift from 6-2 (Republicans to Democrats) to 7-1.
Under the newly redrawn districts, incumbent Democrat Rep. Emanuel Cleaver (MO-05) would be facing off against Republican state Senator Rick Brattin in a newly shaped district that heavily favored the Republican.
Thursday's decision comes after the Missouri Supreme Court previously issued rulings that upheld the newly redrawn map.
The Missouri Supreme Court ruling was one of only a few nationally to go against Republicans’ redistricting plans.
Prior to its latest ruling, Missouri’s top court already had rejected claims that the special session was illegal, mid-decade redistricting isn’t allowed and the new districts aren’t compact enough.
So, in a nutshell, the state's highest court has held that the 2025 special legislative session called to redraw the map was legal, that mid-decade redistricting is permissible, and that the newly redrawn districts are sufficiently compact. But now it's held that the matter will be put to a vote by the people in November.
Missouri Attorney General Catherine Hanaway has already pledged to appeal the decision to the U.S. Supreme Court.
“A republic, if you can keep it.” – Benjamin Franklin
— Attorney General Catherine L. Hanaway (@AGCHanaway) September 3, 2026
Never before in American history has a court overturned a congressional map after a primary and before a general election. This unprecedented decision clearly violates federal law and has thrust our state into a full‑fledged…
“A republic, if you can keep it.” – Benjamin Franklin
Never before in American history has a court overturned a congressional map after a primary and before a general election. This unprecedented decision clearly violates federal law and has thrust our state into a full‑fledged constitutional crisis.
Our office will move immediately to seek relief from SCOTUS. We are confident that the federal courts will not allow every Missouri voter to be disenfranchised—which is what today’s decision does.
We'll keep you posted.
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