U-S Supreme Court Blocks Federal Judge’s Order on Using New Congressional Map in November Election

By Don Louzader
the roberts court, october 2022

Our nation’s high court has blocked a federal judge’s order requiring Missouri to use its new Congressional map in the November election.

What We Know: The U-S Supreme Court released a one-page order Thursday morning granting an emergency request from the Political Action Committee “People Not Politicians” to stay a temporary restraining order issued on Tuesday by Federal Judge Stephen Clark in St. Louis. Clark’s order had compelled the state to use the newly-redrawn Congressional Map from 2025 that was used in the August primary.

What It Means: The order by the high court puts the state back on course to conduct the November General Election using districts that were drawn in 2022, restoring a ruling by the Missouri Supreme Court while the case proceeds.

How They Did It: Justice Brett Kavanaugh, who handles emergency matters from Missouri, referred the request to the full court. The unsigned order did not show the vote or explain the high court’s reasoning. No justice publicly dissented.

How We Got Here: Thursday’s ruling is the latest in a legal fight that has played out in the span of a week, bouncing between the Missouri Supreme Court, a federal district judge, the 8th U.S. Circuit Court of Appeals and the U-S Supreme Court.

What’s Next? For now, Thursday’s order removes the federal ruling that had directly conflicted with the Missouri Supreme Court, with election officials again under an order to use the 2022 Congressional districts in November. However, the order does not resolve the underlying federal lawsuit or explain whether the justices agreed with People Not Politicians on standing or the merits of Judge Clark’s constitutional analysis. The high court ordered Clark’s ruling stayed while the appeals proceed in the 8th Circuit and, if necessary, through a petition asking the U.S. Supreme Court to hear the case.

Statement from Missouri Secretary of State Denny Hoskins

Following the United States Supreme Court’s stay, the only governing court order in effect is from the Missouri Supreme Court. In accordance with that order, my Office is directing local election authorities to use the 2022 congressional map.

(photo courtesy of Fred Schilling, Collection of the Supreme Court of the United States)