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SCOTUS Rules on Missouri Congressional Map (Again)

The third time is the charm.

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For a third time, the US Supreme Court has told the state of Missouri to use the 2022 version of its House district maps as opposed to new maps drawn this year that would have likely shifted the Republican advantage in the state from 4-2 to 5-1. James summarized the previous court rulings here.

The Law Dork summarizes:

The U.S. Supreme Court made unambiguously clear on Friday evening that Missouri’s congressional elections would be conducted using the 2022 map that the Missouri Supreme Court held on September 3 needed to be used in this election.

In a sharp, but unsigned, per curiam opinion issued with no noted dissents, the U.S. Supreme Court harshly and repeatedly criticized the actions of the U.S. Court of Appeals for the Eighth Circuit for its actions in the case.

The ruling was the third time the court rejected an effort to use a congressional map passed in 2025 that the Missouri Supreme Court held “has never been the law“ because it is subject to a referendum.

The whole thing has been absurd, and should underscore how much our system privileges how lines are drawn over the preferences of voters.

As frustrated as I have been with SCOTUS, I will give them kudos for getting salty in the ruling: “Given this Court’s two prior orders in this litigation, our conclusion that this was error should come as no surprise.”

Indeed.

3 responses to “SCOTUS Rules on Missouri Congressional Map (Again)”

  1. SCOTUS has been leading by example.

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  2. Lately I’ve seen a couple of proposals that the next congress move the Federal Marshalls from DoJ to the court system. In a way, this would create the much needed Constitution Police and partially address the imbalance of power between the branches. We also need some way to hold people personally responsible. In a just world the Missouri AG would be in Federal prison over this election map fiasco. IANAL but I believe there are procedures by which people can be tried and jailed for contempt of court. Additional legislation might help.

    The proposals I’ve seen weren’t detailed, but presumably however the Marshalls were integrated into the court system, the Roberts Court would sit at the top of the org chart. Which would make the whole exercise moot.

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    1. Wouldn’t it be the Missouri Secretary of State in a state prison? The SoS is the one who failed to execute their duties — validating the referendum vote, and then using a state law that (according to the Missouri supreme court) wasn’t ever in force — and those would be state offenses. The SCOTUS has just been agreeing with the Missouri supreme court that the law has never been in force. That was the “sharp” and “harsh” rebuke — and boy, by court standards it really was — the 2025 redistricting law is not in force, has never been in force, there is no legal argument under which it can be applied (until November, if the voters approve it), and the federal courts must stop trying to find one.

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