Missouri's fight over which congressional map will be used in the November election is back before the U.S. Supreme Court.
And with voting already underway, time is becoming just as important as the legal arguments.
Opponents of the state's 2025 congressional map filed an emergency request with the U.S. Supreme Court late Tuesday, asking the justices to block a federal appeals court ruling requiring Missouri to use the newer districts in November.
It marks the third time this month the dispute has reached the nation's highest court.
The case centers on two different congressional maps and an effort to let Missouri voters decide whether the newer map should take effect.
The Missouri General Assembly approved the new congressional districts in 2025. Opponents later gathered signatures seeking to put the map before voters in a statewide referendum.
Secretary of State Denny Hoskins rejected the referendum petition in August, and Missouri conducted its Aug. 4 primary using the 2025 districts.
That decision was challenged in state court.
On Sept. 3, the Missouri Supreme Court unanimously ruled the referendum petition was valid and ordered it placed on the Nov. 3 ballot.
The court also ruled the 2025 map could not be used unless voters approve it, putting Missouri back under the congressional districts adopted in 2022 for the general election.
Hoskins asked the U.S. Supreme Court to put that ruling on hold, but Justice Brett Kavanaugh denied the request Sept. 8.
Then the dispute moved into federal court.
U.S. Rep. Bob Onder, state Sen. Rick Brattin and two Missouri voters filed a separate lawsuit arguing Missouri should use the same congressional districts in November that it used during the August primary.
A federal district judge initially agreed and ordered the state to use the 2025 map.
Two days later, the U.S. Supreme Court blocked that order while the federal appeal continued, putting the 2022 districts back in place.
The 8th U.S. Circuit Court of Appeals then took up the case.
On Monday, the appeals court ruled Missouri should use the 2025 map in November because those were the districts used during the August primary.
The court concluded that changing district lines between the primary and general election would create constitutional problems for voters who did not have an opportunity to participate in choosing the candidates who would appear on their November ballot.
However, the appeals court delayed implementation of its ruling until Sept. 28, giving opponents time to return to the U.S. Supreme Court.
They did that Tuesday night.
People Not Politicians and its executive director, Richard von Glahn, argue the Supreme Court's earlier order should continue blocking the federal court from requiring use of the 2025 map.
They also argue another change now would create problems for voters and election officials.
Absentee voting has already started, and ballots using the 2022 congressional districts have been prepared and distributed.
Supporters of the 2025 map make a different argument. They contend that switching congressional districts after holding the August primary under the newer map would disrupt the election and leave some voters choosing between candidates they did not have an opportunity to help nominate.
That has left Missouri caught between state and federal court rulings.
The Missouri Supreme Court has ruled that under state law, the 2025 map cannot take effect unless voters approve it.
The federal appeals court has ruled that Missouri cannot use one set of congressional districts for the primary and another for the general election.
Now the issue is back before the U.S. Supreme Court.
With the Nov. 3 election approaching and absentee voting already underway, the next ruling could determine which congressional district lines Missouri voters ultimately use this fall.
