Attorneys for Richard von Glahn urged the U.S. Supreme Court on Monday to reject Missouri’s emergency request to use a Republican-backed congressional map in November, arguing that state officials created the timing problem they now cite as a reason for the justices to intervene.
The filing, submitted shortly before a noon deadline set by Justice Brett Kavanaugh, responds to Missouri Secretary of State Denny Hoskins’ request for a stay of a Missouri Supreme Court ruling that blocked House Bill 1, the congressional map adopted by the Republican-led Legislature in 2025 and used in the August primary.
Download the Straight Arrow app today to get the stories that matter free from manipulation, bias or agenda.™
Point phone camera here
Response says timing problem was self-created
Von Glahn’s lawyers said the case “does not present a real emergency” and accused Hoskins of waiting until the last possible day to reject a referendum petition challenging the map. They said the secretary “manufactured the timing he now invokes as a basis for relief.”
State court allowed referendum to proceed
The Missouri Supreme Court ruled Sept. 3 that the state constitution allows voters to seek a referendum on congressional redistricting legislation because the referendum power applies to “any act of the general assembly” and no exception covers redistricting. The court ordered Hoskins to certify the petition, place the measure on the November ballot and stop using the 2025 map unless voters approve it.
Opponents of the 2025 map, including von Glahn and the group People Not Politicians, submitted more than 300,000 signatures in December seeking to put the map before voters. Hoskins rejected the petition Aug. 4, the same day Missouri held its primary, saying the state constitution did not authorize referendums on congressional redistricting plans passed by the General Assembly.
Missouri warns of election disruption
Missouri asked the U.S. Supreme Court late Friday to pause the state court ruling, warning that forcing election officials to revert to the 2022 congressional districts after more than 1 million voters cast primary ballots under the 2025 districts would create confusion and risk disrupting deadlines for military and overseas ballots.
In its application to the justices, the state said the ruling threatens to “throw Missouri’s 2026 congressional elections into chaos” by requiring officials to switch maps after the primary election and shortly before general election ballots must be finalized.
Attorneys dispute need for emergency relief
In Monday’s response, von Glahn’s attorneys argued that a stay would not give Missouri the relief it seeks because, under the state court’s ruling, HB 1 “is not the law and has never been the law.” They said the 2022 map remains the only valid congressional map unless voters approve the 2025 plan in November.
The response also contends that the Supreme Court lacks jurisdiction because the Missouri Supreme Court found that Hoskins had waived federal objections by failing to preserve them in his certificate rejecting the petition. Von Glahn’s lawyers said the secretary’s certificate gave only one reason for rejecting the referendum: that Missouri’s constitution did not authorize it.
The filing further argues that more than a century of Supreme Court precedent allows states to use referendum procedures in congressional redistricting and that Missouri’s process does not violate the Elections Clause of the U.S. Constitution.
Hoskins and Republican committees supporting his request have argued that changing maps between the primary and general election would unfairly move voters into districts where they did not participate in selecting nominees. Von Glahn’s attorneys rejected that claim, saying all qualified Missouri voters had an equal chance to vote in the primary and will have an equal chance to vote in November.
They also disputed Missouri’s warnings of administrative chaos, pointing to statements from election officials who said the 2022 districts can be used for the general election. The response said any disruption stems from Hoskins’ decision to delay ruling on the referendum until primary day despite months of litigation over the map.
Justice could act or refer a request
Kavanaugh, who handles emergency matters from Missouri and other states in the 8th U.S. Circuit Court of Appeals, had asked von Glahn to respond by noon Monday. The justice can act on the request himself or refer it to the full court.
