emergency appeal

WASHINGTON — For the third time this month, the Supreme Court has rejected Missouri’s bid for one more Republican-leaning congressional district.

With no dissents, the justices upheld a state court order requiring the use of a 2022 election map, which favors Republicans in six of the eight districts.

“At this late date, ordering reversion to the 2025 map in the midst of an ongoing election would usher in electoral chaos,” the justices wrote.

The GOP, with the backing of conservative federal judges, wanted to use a new 2025 election map that redrew the district in Kansas City that had elected a Black Democrat.

That would have given Republicans a 7-1 advantage, but the Supreme Court stood in the way.

“As a matter of state law, the 2022 map — not the 2025 map — must be used in the 2026 congressional election,” the justices said in an unsigned opinion. “This Court has repeatedly cautioned that lower federal courts should not ‘alter the election rules of a state on the eve of an election.”

Each side in this messy dispute accused the other of seeking to change the voting districts on the eve of the election.

On Tuesday, the opponents of the newly drawn GOP-friendly map appealed to the Supreme Court for the third time. They said it is too late to switch the districts because ballots had gone out based on the existing map.

They said the Republicans “demand a new map after votes have already been cast. Ballots using the 2022 map have been printed and mailed, and absentee voting, both by mail and in-person, began today.”

But the state’s Republican attorneys said the primary elections took place under the new 2025 map, and that argues for keeping those districts in place for the general election in November.

Last September, the Missouri General Assembly, following President Trump’s lead, voted to redraw its eight congressional districts. In recent years, the state had sent six Republicans and two Democrats to Congress.

The Legislature’s goal was to flip one more seat in favor of Republicans. The new map would do that by breaking up the Kansas City district that had elected Rep. Emanuel Cleaver, a Black Democrat, with a new district that favored a Republican.

But a group called People Not Politicians and its executive director, Richard von Glahn, gathered more than 300,000 signatures for a referendum to challenge the new law before it took effect.

After waiting nine months to respond, Missouri Secretary of State Denny Hoskins, a Republican, denied the referendum in early August on the same day the primary elections got underway.

Von Glahn and his group of voters sued and won a unanimous decision from the Missouri Supreme Court on Sept. 3. Its judges said the state Constitution authorizes such a referendum and a new election map cannot take effect until the voters have spoken.

Hoskins filed an emergency appeal at the Supreme Court and cited the “chaotic fallout” from the state court “irresponsible decision.”

Justice Brett M. Kavanaugh, who oversees appeals from the 8th Circuit Court based in St. Louis, denied the appeal without comment on Sept. 8.

But shortly after his decision was issued, U.S. District Judge Stephen R. Clark, a Trump appointee, issued a temporary restraining order that prohibited the state from using the any voting map other than the new one.

People not Politicians appealed that decision to the Supreme Court.

On Sept. 10, Kavanaugh and the full court granted the appeal and blocked the judge’s order from taking effect.

The justices did not explain their reasoning, but the meaning of the order was clear. The state Supreme Court ruling meant the new map could not be used for this year’s election.

But that did not stop the 8th Circuit Court from ruling the state must use the new map.

Siding with several Republican candidates, a 2-1 majority said the use of 2022 map was unconstitutional because the primary elections were held under the new map. Its decision ordered the elections to be held using the new map.

This was a surprising ruling, since the Supreme Court’s order on Sept. 10 barred judges in Missouri from intervening further in the dispute over the voting maps.

But after a third trip to the court, the justices said the state must use the 2022 map.

WASHINGTON  — The Supreme Court on Friday upheld President Trump’s expanded use of government data to spot non-citizens who are registered to vote.

The justices granted an emergency appeal from Trump’s lawyers and set aside a judge’s order that blocked use of this data on the grounds it was error-prone, particularly for naturalized citizens.

Justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan dissented.

The decision will aid states that seek to scrub their voter rolls and remove those who are not citizens.

Several Republican-led states including Texas and Florida supported the administration’s appeal.

The use of the new database “allowed Texas to more efficiently, promptly, and economically ensure the accuracy of its voter rolls,” the state said. It was “able to run its entire list of 18 million voters” through the expanded system of checks “in bulk and for no cost.”

It’s not clear the decision will have much impact in California and other Democratic-led states. It is likely to have a limited impact in the month ahead because the law forbids states from purging their voter rolls in the 90 days prior to an election.

The court, in an unsigned opinion, said the law supported use of the data.

“The federal Government has an obligation to respond to requests from state and local election officials seeking to verify the citizenship of voters,” the court said. “The order below prevents the federal government from using the program it believes is best suited to the task.”

The administration said the Department of Homeland Security can respond to more than 1 million requests per day to check if a person appears to be a citizen or not based on Social Security records and other data files.

If not, state or county election officials may require these suspect voters to furnish proof of their citizenship.

However, states and local election boards are not required to conduct these searches. The administration also said its data reports are not final proof of citizenship.

Upholding these data searches “would not require states, candidates, parties, or voters to do anything,” Solicitor Gen. D. John Sauer told the court. “It would simply make available to states additional information. … States that wish to use that information in the course of ensuring that only eligible citizens cast ballots this November should be free to do so.”

In dissent, Jackson said the court’s order creates the “risk that states might cancel the voter registrations of at least some recently naturalized citizens or force such persons to provide proof of citizenship before voting.”

The new system of voter checks is based on the 40-year-old Systematic Alien Verification for Entitlements, or SAVE, that was created by Congress. Then, the goal was to check if applicants were entitled to receive federal benefits.

Last year, Trump issued an executive order directing Homeland Security to expand the reach of SAVE to provide states “access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered to vote.”

It is a federal crime for non-citizens to register and vote.

Trump has long maintained that non-citizens are voting, but he has had little evidence to support that claim.

Voting rights advocates sued, contending the new “mass verification” system was not authorized by Congress and relied on data that is protected as private under the law.

In June, U.S. District Judge Sparkle Sooknanan, a Biden appointee, agreed and blocked use of the expanded searches. The administration has “trampled on the privacy rights of American citizens in a manner that threatens the sacred right to vote,” she said.

On Sept. 4, the U.S. court of appeals by a 2-1 vote refused to overturn her ruling, prompting the administration’s fast-track appeal.

The voting rights advocates, led by the League of Women Voters, had urged the court to stand aside.

“The government has recklessly created an error-laden master citizenship database that endangers millions of Americans’ privacy and voting rights,” they said.

The data searches are flawed, they argued, because they “only reflect a person’s citizenship status when they applied for a Social Security number. That status does not automatically update if the person later naturalizes.”

Texas admitted that the mass checks yield “some inaccurate information.” It said 2,724 people were cited as “potential non-citizens” among its 18 million registered voters.

In response, county officials had to check further to confirm the citizenship of these voters, the state said.

Last week, the Supreme Court dealt Trump a defeat when it blocked use of his proposed postal rules that could have prevented millions of voters from casting ballots by mail.

In a brief order, the court said Trump’s claims of power over states and their voting were “unlikely to succeed.”

But in the case of the expanded data files, the court said the law appears to favor the administration.