Federal judge orders Missouri to use GOP-drawn map for midterms after Supreme Court declines emergency appeal
A federal judge in Missouri issued a temporary restraining order requiring the state to use its Republican-friendly congressional map for the November midterms, minutes after the Supreme Court refused to intervene in the escalating legal fight.
District Judge Stephen Clark, a Trump appointee on the Eastern District of Missouri bench, handed down the 14-day order on Tuesday blocking the state from reverting to an older congressional map. The ruling means Missouri will use the 2025 redistricting plan, known as the "Missouri First Map", that the state legislature approved and GOP Gov. Mike Kehoe signed into law last year. That map gives Republicans a new advantage in one House seat.
Clark's order landed just minutes after Supreme Court Justice Brett Kavanaugh, who handles emergency matters from Missouri, declined to take up an appeal filed by state Republican officials. They had urged the high court to overrule the Missouri Supreme Court, which ruled last week that the new map could not be used in November, even though it had already been used for the state's primary elections.
The result: two courts now pointing in opposite directions, and Missouri's election machinery caught in between.
Onder calls state Supreme Court ruling a 'constitutional crisis'
Rep. Bob Onder, a Missouri Republican who filed the federal lawsuit last week alongside co-plaintiff Rick Brattin, did not hold back after the ruling. Onder told the New York Post he believed the federal judge got it right.
"A temporary restraining order means that Judge Clark has decided that when the case goes forward in his court, he believes that the plaintiffs, Rick Brattin and I, would prevail on the merits. So, needless to say, I'm very confident that if there were a full hearing and adjudication in Judge Clark's court, that we'd be likely to prevail."
Onder framed the Missouri Supreme Court's decision as reckless. The state court had ordered the map switched roughly two months before Election Day, after 1.2 million Missourians had already cast primary ballots under the new district lines. Candidates ran, voters chose, and now the state's highest court wanted to redraw the field.
Onder called the state court's move an "absurd situation" and a "constitutional crisis." He argued the legislature's map, duly passed and signed by the governor, should stand.
"The idea that somehow there are conflicting rulings here, sure, the Missouri Supreme Court got it egregiously wrong, and Judge Clark stood for the rule of law and the Constitution and ruled correctly."
That kind of confidence from a plaintiff is expected. But the legal logic behind the TRO, a temporary restraining order, which courts issue only when the requesting party shows a likelihood of winning on the merits, suggests Clark saw real problems with forcing a mid-cycle map swap. The Supreme Court's parallel decision not to intervene added a layer of ambiguity, not clarity, to the dispute.
Kehoe and Hanaway move fast to lock in the new map
Missouri's Republican governor and attorney general wasted no time treating the federal order as the final word, at least for November. Gov. Kehoe posted on X that Tuesday marked the deadline for changes to the November ballot.
"With today marking the deadline for changes to the November ballot, the Missouri First Map will be used in the general election. Voters and candidates deserve consistency, certainty, and not to have the rules changed between elections."
Kehoe thanked the district court judge for providing "much-needed clarity for Missouri voters and the election process." The governor's framing was deliberate: lock the map in place, declare the matter settled, and dare opponents to unscramble it before voters head to the polls.
Attorney General Catherine Hanaway struck a similar tone. She wrote on X that changing the congressional map between a primary and a general election is "simply not feasible and profoundly unjust to Missouri voters." Hanaway added that the state is "prepared to follow and comply with Chief Judge Clark's order that binds the state to using the Missouri FIRST map for the November General Election."
The practical effect was immediate. With the attorney general and secretary of state instructing local election clerks to use the new district lines, Missouri's election apparatus began operating under the Republican-drawn map, regardless of what the state Supreme Court had said days earlier. The recent pattern of emergency appeals reaching the Supreme Court on election-related questions has made these last-minute legal collisions increasingly common.
People Not Politicians Missouri vows an appeal
The group that brought the original challenge at the state level is not backing down. Richard von Glahn, executive director of People Not Politicians Missouri, pushed back hard on the federal court's order, arguing it conflicts with a binding state Supreme Court ruling.
"The Missouri Supreme Court unanimously held that [the new map] is not and has not been legally enacted and will only be legally enacted by the vote of the people of Missouri per our Constitution. That ruling was appealed to the Supreme Court of the United States, the only jurisdiction that can overturn."
Von Glahn pointed to Kavanaugh's decision not to take up the emergency appeal as evidence that the state court's ruling remains intact. "They denied the motion to halt that decision meaning the Supreme Court of Missouri decision is legally in effect," he said.
But von Glahn's argument runs into a practical wall. The federal district court issued its own order, one that state officials are already following. Whether or not the state Supreme Court ruling technically remains "in effect," the election clerks are printing ballots under the Missouri First Map. Von Glahn announced that People Not Politicians Missouri will file an appeal and a request for a stay in the 8th Circuit Court of Appeals and with Justice Kavanaugh.
That sets up another round of emergency litigation in the weeks before November. The 8th Circuit, a federal appeals court covering Missouri and several neighboring states, would need to act quickly to have any effect on election preparations already underway. And Kavanaugh, having already declined to intervene once, would face the same request from the other side.
Two courts, one election, and 1.2 million voters in limbo
Strip away the legal jargon and the situation is straightforward. Missouri's legislature drew a new congressional map. The governor signed it. Candidates filed under it. Voters, 1.2 million of them, by Onder's count, cast primary ballots under those district lines. Then the state Supreme Court ruled, unanimously, that the map had never been legally enacted and could not be used in November.
That ruling came roughly two months before Election Day. A federal judge then stepped in and said the opposite: use the new map. The governor and attorney general sided with the federal court. The advocacy group that won at the state level is heading to the 8th Circuit.
The collision is not just legal. It is practical. Election officials need one map, not two competing court orders. Ballots need to be printed. Candidates need to know which voters they represent. The Supreme Court has already been active this cycle on election-related disputes, and this one may land back on the justices' desks before long.
Onder expressed confidence the federal court will ultimately prevail. "I think the 2025 map that was legally passed by the Missouri General Assembly and signed into law by Gov. Kehoe will be the map we'll be using in November," he said.
Von Glahn's group sees it differently. In their view, the state constitution requires voter approval before the map takes permanent effect, and a single federal district judge cannot override a unanimous state Supreme Court ruling on state law. The question is whether the 8th Circuit, or Kavanaugh, will agree, and whether any appellate court will act before the ballot deadline passes and the map becomes a fait accompli.
Von Glahn also accused Missouri's attorney general and secretary of state of "defying the Missouri Supreme Court" by instructing clerks to use the new maps. That accusation carries weight only if the state court's order is treated as controlling, something the federal TRO has, for now, overridden in practice.
The broader pattern is familiar. Democrats have pushed to reshape the judiciary when rulings go against them, and progressive legal groups have grown comfortable using state courts to block maps and laws passed by Republican legislatures. When a federal court pushes back, the result is exactly this kind of jurisdictional collision, with voters and election workers left to sort out the mess.
Clark's 14-day window narrows the path for opponents
Judge Clark's TRO lasts 14 days. That window is short, but it may be long enough to matter. If the 8th Circuit does not issue a stay before the order expires, or before Clark extends it after a full hearing, the Missouri First Map will be the only map election officials have operated under. Reversing course at that point becomes exponentially harder.
Gov. Kehoe noted that Tuesday was already the deadline for changes to the November ballot. If that deadline holds, the legal fight may continue in courtrooms, but the practical outcome is already locked in. The Supreme Court's willingness to let lower-court orders stand in politically charged cases has only increased the stakes of these early procedural rulings.
For Missouri voters, the bottom line is blunt: the districts they voted in during the primary are, for now, the same districts they will vote in come November. The state Supreme Court says those districts were never legally enacted. A federal judge says they stand. One of those positions will prevail. But the voters who showed up, cast ballots, and chose their candidates did so under one set of rules, and changing those rules after the fact is exactly the kind of mid-game disruption that erodes public trust in elections.
Courts exist to settle disputes. They do not exist to create new ones two months before an election. Missouri's voters deserve better than dueling orders and last-minute chaos, and the officials who signed this map into law deserve credit for refusing to let an eleventh-hour ruling undo what the democratic process already set in motion.






