'The Gerrymander That Won't Die': Missouri GOP's Map Headed to Supreme Court a Third Time

Despite its right-wing supermajority, the US Supreme Court has twice struck down Missouri Republicans' rigged congressional districts for the November midterm elections, but after an appellate panel's Monday decision, the map fight is headed back to the justices.

Less than two weeks after the justices delivered their second blow to the Missouri GOP's gerrymandering effort with no noted dissents, a three-judge panel from the US Court of Appeals for the 8th Circuit ruled that the state's "current plan to use the 2022 map in the November 2026 general election violates the Constitution," and "only use of the 2025 map complies with the Constitution and federal law."

All three panel members were appointed by Republicans: Judge James Loken by former President George HW Bush, and Judges David Stras and Justin Smith by President Donald Trump. The Associated Press reported that "prior to his June appointment, Smith was an attorney who represented Trump as he unsuccessfully appealed a $5 million jury verdict in a lawsuit filed by the writer E. Jean Carroll to the US Supreme Court."

People Not Politicians Missouri, which has been battling the gerrymandering scheme since state lawmakers passed House Bill 1 during last September's special session, pledged to immediately file an emergency appeal with the nation's top court.

"Everyone is aligned on what is true. HB 1 is not the law and cannot be the law unless voters ratify it," said the campaign's executive director, Richard von Glahn, in a statement. "The Supreme Court of Missouri, the United States Supreme Court, the Missouri attorney general, Missouri secretary of state, and People Not Politicians all have agreed on this."

"Ballots have been printed, and Missourians have already voted," he stressed. "Thousands more will vote before this order seeks to take effect. Officials should stop wasting taxpayers' money on pointless legal action and instead focus on administering our elections. Missourians are already voting and will continue to vote no on Proposition A through November 3."

The 8th Circuit's decision also drew attention from beyond Missouri. Politico reporter Kyle Cheney said that "it's the gerrymander that won't die," while Democratic Texas Congressman Christian Menefee—whose state was the first to pass a new rigged map at Trump's request—declared that "this is outrageous."

"The Supreme Court already stepped in twice to block Missouri's rigged map," Menefee added. "Ballots are already in the mail. Now, at the eleventh hour, an appeals court is letting Missouri Republicans force that rigged map on voters anyway. All to erase a Kansas City district and silence Black and Brown voters. Catastrophic for confidence in our elections."