Lyle Denniston

Sep 25 2026

Court puts an end to Missouri voting dispute

With a full explanation clearly and bluntly correcting lower court judges, and acting without a dissent, the Supreme Court on Friday evening put an end to the Republican Party’s months-long effort to capture a Democratic-favored seat for Missouri in the U.S. House of Representatives.

In a five-page, unsigned opinion, the Court – for the third time – sided with the Missouri Supreme Court against using recently gerrymandered, partisan election maps in the November 3 congressional election  The move was the most decisive of the Justices’ three actions, none of which produced a dissenting vote.

The Court plainly felt an urgency about resolving the Missouri controversy.  The House election in the state, it said, “is not merely upcoming, it has already started.”  It noted that ballots have been printed and mailed, and absentee voters are already returning their ballots.  All ballots used so far have been those for election districts ordered by the state’s highest court.

While the Justices’ new ruling pointed out several times the legal errors it said were made along the way by two lower federal courts, the opinion closed by directly ordering those courts not to try again to require the state to use the maps its legislature drew at President Trump’s demand to help the Republicans gain more seats this year in the closely divided House.

Instead, it is now clear that Missouri has no choice but to use districting maps drawn by the state legislature in 2022.  When used before, those maps resulted in a six-to-two Republican majority in the state’s U.S. House delegation.  The now-barred maps, which were drawn by the legislature in 2025, were expected – and designed – to elect seven Republicans and one Democrat.

In recent months, Missouri’s top state officials, all Republicans, have tried various methods to get the state and federal courts to allow the use of the maps crafted to produce the 7-to-1 split.  The Supreme Court’s latest action appeared to leave no more options for that kind of maneuvering.

Technically, the Justices’ action came in an emergency situation, so it apparently set no binding legal precedents on election law.  The opinion did reinforce the Court’s 20-year-old precedent that federal courts should not interfere with state election procedures close to election day.  There are now only 39 days left before the November general election.

There could be further exploration of this controversy, but only after the November election is over and the votes cast then are counted and made final.

But one constitutionally important thing did emerge in the new ruling:  the doubt, held by at least some of the Justices, about the constitutional doctrine that had led the lower courts astray.  The lower courts had declared that the Constitution requires the same maps to be used in both primary and general elections to federal office.  Now, Missouri’s August 3 primary maps will not be used in November.  In the general election, more than a quarter-million Missourians will be voting in different districts than the ones they voted in at the primary.

The Supreme Court said in the new opinion that its precedents governing election law have never imposed such a constitutional mandate.  Still, It is difficult for this ideologically divided Court to be unanimous in its views on election law.  Friday’s opinion did not strike down the same-map principle; it said only that it was “not entirely clearcut.”  It is possible that, by leaving that issue unresolved, at least for now, the Court was not only avoiding a constitutional declaration it did not need to make — consistent with its traditionally preferred hesitancy — but also enabling some Justices who might find merit in that idea to join an opinion leaving that open.

Because the Court felt obliged to go as far as it did to correct two lower federal courts, it was important that there were no noted dissents.  It would have taken at least five votes among the Justices to approve this decision, but there is no way to know for sure which Justices actually supported the outcome.

Before Friday, the Justices’ most significant action in this dispute had come on September 10, when they issued a completely unexplained decision favoring the Missouri Supreme Court.  Referring back to that action, the Court on Friday described it as “an order issued by the full Court without any noted dissent.”

The ruling then added that Friday’s order “should come as no surprise.”

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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