The Eighth Circuit holds that "Only use of the 2025 map complies with the Constitution and federal law"
United States Court of Appeals for the Eighth CircuitPer curiam opinion of a three-judge panel (Judges Loken, Stras and Smith) of the U.S. Court of Appeals for the Eighth Circuit
In a per curiam opinion, a three-judge panel held that using the 2022 map in the November general election violates the Constitution. It directed the district court to enter a permanent injunction requiring the 2025 map, stayed until September 28 so the Supreme Court could review. Judge Stras, concurring in part and dissenting in part, wrote that he would dismiss the appeal because People Not Politicians and Richard von Glahn lack standing.
Responding to
Because Missouri held its August primary under the 2025 map, the U.S. Constitution requires it to use that same map in the November general election, and using the 2022 map instead would violate Article I, Section 2 and equal protection.
“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. … Any confusion stems from the last-minute decision by a state court to switch the congressional map.”
Original text
Original text
Original text
Where this statement fits
Should Missouri be allowed to use its 2025 congressional map in the 2026 general election?
Missouri lawmakers passed a new congressional map, House Bill 1, in September 2025, and the State used it in the August 4, 2026 primary. On September 3, 2026, the Supreme Court of Missouri ruled unanimously that a referendum petition kept the map from taking effect and that the 2022 map remains in force for the November general election. Gov. Mike Kehoe, Attorney General Catherine Hanaway, Secretary of State Denny Hoskins and President Donald Trump said in early September that the primary map should be used in November, and the Eighth Circuit held on September 21 that using the 2022 map violates the U.S. Constitution. People Not Politicians, the Campaign Legal Center and the ACLU argued that Missouri law makes the 2022 map the only valid map and that ballots had been mailed under it. On September 25, 2026, the U.S. Supreme Court, in an unsigned per curiam order that records no dissent, stayed the federal injunctions, said that under state law the 2022 map must be used, and said lower courts should not require use of the 2025 map in the 2026 election. Kehoe called that decision disappointing and said Missouri will follow the order.
Source and context
Original text
About this source
Published per curiam opinion affirming Chief Judge Stephen Clark's temporary restraining order and directing entry of a permanent injunction requiring the 2025 map, with the injunction administratively stayed until September 28, 2026 at 5 p.m. Central time. Judge Stras concurred in part and dissented in part, writing that he would dismiss the appeal because People Not Politicians and Richard von Glahn lack standing.
Original text
About this source
One-page unsigned order staying the district court's September 8 order pending the Eighth Circuit appeal and any timely petition for certiorari. The order gives no reasoning.
Archived copy (opens in a new tab)Original text
About this source
Unsigned per curiam order on an application that Circuit Justice Brett Kavanaugh referred to the full Court. It stays the Eighth Circuit's September 21 mandate and September 22 order and the district court's September 21 and 22 injunctions, keeps the Court's September 10 stay in place, and says the lower courts should not prohibit use of the 2022 map or require use of the 2025 map in the 2026 congressional election in Missouri. The text of the order shows no separate opinion or noted dissent.
Before the quotation
The appeal was submitted to the panel on September 17 from Chief Judge Stephen Clark's September 8 order requiring the 2025 map, which the U.S. Supreme Court had stayed on September 10.
After the quotation
The U.S. Supreme Court stayed the panel's mandate and the resulting injunctions on September 25.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is use of the 2025 map in the 2026 general election. The panel holds that the Constitution requires that map and forbids the 2022 map, which supports using it, not merely permitting it. The closest competing label, “Mixed or conditional”, loses because Judge Stras's separate view concerns standing and does not qualify the panel's holding.
- Recorded on
- Published here
More from this case
Read the full caseRichard von Glahn says People Not Politicians is "done with corrupt politicians trying to force their map into effect"
“We are done with corrupt politicians trying to force their map into effect outside the process outlined in the Missouri constitution. We have said from the beginning, people, not politicians will be the final deciders on this DC power grab. We are moving forward to vote NO on Proposition A.”Read statement
The National Democratic Redistricting Committee says the Supreme Court "denied Missouri Republicans' third attempt to jam through their 2025 gerrymander"
National Democratic Redistricting Committee
“BREAKING: SCOTUS just denied Missouri Republicans' third attempt to jam through their 2025 gerrymander! 👏 This reaffirms what the state's highest court already said weeks ago — the 2025 map was never the law. Missouri Republicans tried to silence voters. Today, they lost.”Read statement
Rep. Emanuel Cleaver says the Supreme Court "put this shameful and unlawful scheme to rest"
“For more than a year, state officials have spent precious time, energy, and resources on an effort to silence the voices of Missouri voters and steal a congressional seat. Tonight, after more than 305,000 Missourians demanded a say, the Supreme Court has put this shameful and unlawful scheme to rest. Power to the people.”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- The Eighth Circuit holds that "Only use of the 2025 map complies with the Constitution and federal law"
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/2671-in-a-per-curiam-opinion-a-three-judge
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "The Eighth Circuit holds that "Only use of the 2025 map complies with the Constitution and federal law"". First published: 2026-09-26. Last updated: 2026-09-26. https://disputeindex.com/events/2671-in-a-per-curiam-opinion-a-three-judge