The Missouri Supreme Court on Thursday placed a referendum aimed at overturning the state's new congressional lines on the Nov. 3 ballot.
It's a decision that could essentially guarantee Congressman Emanuel Cleaver's reelection and foil a plan from President Donald Trump and Missouri Republicans to send another Republican to the U.S. House.
"It simply reaffirms what we have said all along," said Richard von Glahn, executive director of the organization People Not Politicians, which led the redistricting referendum effort. "We have the right to do a referendum, and a law cannot go into effect until the people decide. And so we're going to have that decision this November."
Roughly a year ago at the behest of Trump, Missouri Republicans redrew the state's congressional lines to make it much harder for Cleaver, D-Kansas City, to win reelection. People Not Politicians gathered more than 300,000 signatures to place the new lines up for a statewide vote.
Based on the Missouri Constitution, getting enough signatures would suspend the 2025 map – and replace it with a map lawmakers approved in 2022 that all but ensures Cleaver's reelection.
In early August, Secretary of State Denny Hoskins rejected the referendum. He said the Missouri Constitution did not specifically authorize a November 2025 statewide vote on a federal redistricting plan. Cole County Judge Daniel Green agreed with Hoskins' decision to keep it off the ballot.
But in a unanimous decision released on Thursday, the Missouri Supreme Court ruled that federal redistricting plans were subject to referendums. The seven judges noted the Missouri Constitution contains a list of prohibited legislation that can be targeted through the referendum process. And it does not include federal redistricting plans.
"Because the plain language of article III, section 49 of the Missouri Constitution authorizes a referendum as to 'any act of the general assembly' and no exception applies, the referendum petition was legal, sufficient, and timely," wrote Judge Ginger Gooch.
Because the referendum has enough signatures, the court said that the map from 2025 was suspended as of December 2025 – meaning that, at least for now, Missourians will vote using the 2022 lines.
Gooch also barred Hoskins "and all of those acting in concert with him" from "implementing, using, or mandating the use of the congressional redistricting in [the 2025 plan] for the November 2026 general election or at any other time thereafter unless and until [the 2025 plan] is approved by the voters at the November 2026 general election and takes effect 30 days thereafter."
"[The 2025 plan] is not the law and has never been the law," Gooch wrote. "There is only one valid congressional redistricting in effect — the congressional redistricting the General Assembly established in 2022."
Hoskins and Attorney General Catherine Hanaway had argued it was too late to change the lines for the November election, since the August primary was run on the 2025 map. People Not Politicians attorney Chuck Hatfield noted that the Missouri Constitution already has a remedy for this scenario: Political parties can choose the nominees. He told reporters on Thursday that it was up to individual candidates to decide if they want to sue to contest the results of the Aug. 4 primary.
"The Supreme Court has enjoined every election official in this state from using [the 2025 map]. We have nominees from every single congressional district, and the Missouri Board of Canvassers certified those last week. That's what I know. So we're going to hold elections on the correct maps, which are the 2022 maps, with the nominees that we have, unless the secretary takes some other action regarding those nominees."
In a statement, Hoskins said the Missouri Supreme Court ruling ignites "nothing short of a Constitutional crisis."
"No court has ever rejected a congressional map that had already been used in an election, as the Missouri First Map was in the August primary," Hoskins said. "We may have lost the battle today, but the war to preserve our constitutional republic is far from over. As I've said throughout this process, I will not be intimidated, I will not be deterred, I remain steadfast in my fight to defend the United States and Missouri Constitutions. As a fifth-generation Missourian, I will proudly fall on my sword to save this great state from out-of-state special interests and their out-of-state sugar daddies. Missouri will not become another New York City or Los Angeles on my watch."
In a scathing footnote, Gooch found Hanaway and Hoskins' arguments around the impact of placing the referendum on the ballot "wholly unpersuasive."
"Regardless of any confusion, expense, or practical difficulties caused by the secretary's delay and incorrect assumption about whether the referendum petition would be deemed sufficient, simply continuing to utilize the congressional redistricting in HB 1 does not comport with the Missouri Constitution because the 2022 map is the only map in effect," Gooch said.
Gooch added Hoskins "delayed certification until the last possible date" and decided not to seek resolution sooner about whether a congressional referendum was allowed.
"The secretary devotes a significant portion of his briefing to discussing the confusion, expense, and practical difficulties that may result from not utilizing the congressional redistricting in [the 2025 map for the November 2026 election]," Gooch wrote. "Besides being irrelevant to the secretary's sole basis for declaring the referendum petition insufficient, these arguments are particularly misplaced given the secretary's delay created the confusion, expense, and practical difficulties of which he complains."
Hanaway said in a statement she plans to appeal the ruling to the U.S. Supreme Court.
"Never before in American history has a court overturned a congressional map after a primary and before a general election. This unprecedented decision clearly violates federal law and has thrust our state into a full‑fledged constitutional crisis," said Hanaway. "Our office will move immediately to seek relief from SCOTUS. We are confident that the federal courts will not allow every Missouri voter to be disenfranchised — which is what today's decision does."
Hatfield called Hanaway's appeal "a fool's errand."
"For an attorney general of our state to question the Supreme Court of our state on what the law is, and to appeal that to the Supreme Court of the United States is unprecedented," said Hatfield, taking note of an observation from former Missouri Solicitor General Jim Layton. "Attorneys general are supposed to stand up for Missouri law, not try to overturn it."
But if that appeal is unsuccessful, it would not only mean Cleaver will almost certainly win reelection, but it also provides a more favorable path for Democrat Fred Wellman in his bid to oust Republican Congresswoman Ann Wagner in the 2nd District.
The 2022 map contained more GOP-leaning versions of the north Missouri-based 6th District, as well as the 3rd District that includes parts of Jefferson and St. Charles counties.
The Missouri Supreme Court made its decision a day after judges heard oral arguments. The state faces a Sept. 8 deadline to make any changes for the Nov. 3 general election.
The Missouri Supreme Court also ruled that a proposal known as Respect Missouri Voters initiative will be on the November ballot. That proposal would make it harder for lawmakers to overturn voter-approved initiatives.
This story has been updated.
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