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Supreme Court tells Missouri Republicans: Not this map, not this midterm

September 9, 2026 | | Print Article

Missouri’s congressional district fight essentially found a Supreme Court justice bucked by a lower court as deadlines fast approached for voting to begin.

Given the track record of midterm elections, it’s widely understood that Republicans will have their work cut out for them in maintaining a majority in Congress. One of the myriad redistricting efforts that could stave off a passing of the gavel may have left court watchers with whiplash Tuesday when Supreme Court Justice Brett Kavanaugh’s emergency appeal denial was countered with a temporary restraining order allowing the GOP’s edge to proceed — for now.

After last week’s Missouri Supreme Court decision blocked the revised congressional map, which shifted the balance from six Republican and two Democratic districts to seven and one, Missouri Attorney General Catherine Hanaway (R) filed an emergency application with the U.S. Supreme Court.

Tuesday, Kavanaugh denied the application, thus maintaining the ruling of the Missouri Supreme Court, only for a 14-day temporary restraining order to be issued by Chief U.S. District Judge Stephen Clark for the Eastern District of Missouri shortly thereafter.

Clark’s TRO enjoined Missouri Secretary of State Denny Hoskins (R) and other officials “from implementing, using, publishing, distributing, or mandating the use of any congressional map other than the HB 1 map for the November 3, 2026 general election.” He argued that to use any congressional map differing from the revised map used in the August 4, 2026 primary elections would mean, “Voters reassigned to [a] different district would have cast their votes in vain for candidates now connected to other districts, effectively nullifying their votes.”

In her emergency application for stay to the U.S. Supreme Court, Hanaway argued the state “raised several federal constitutional defenses to avoid this catastrophic scenario,” wherein “hundreds of thousands of voters” would be disenfranchised, “but the Missouri Supreme Court simply ignored them.”

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Reacting to Clark’s order, she wrote on X, “Missouri is prepared to follow and comply with Chief Judge Clark’s order that binds the state to using the Missouri FIRST map for the November General Election.”

“We maintain that changing the congressional map in between the primary and general elections is simply not feasible and profoundly unjust to Missouri voters,” added the secretary.

Likewise, Missouri Gov. Mike Kehoe (R) reacted, “We are grateful for Chief Judge Clark’s decision to provide much-needed clarity for Missouri voters and the election process. With today marking the deadline for changes to the November ballot, the Missouri First Map will be used in the general election. Voters and candidates deserve consistency, certainty, and not to have the rules changed between elections.”

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Adding further controversy, Hoskins is expected to appear before the Missouri Supreme Court on Thursday over potential contempt. Chief Justice W. Brent Powell asserted that the secretary violated the injunction before the TRO was issued by instructing that the revised map be used.

Voters in the Show-Me State now await a decision from the United States Court of Appeals for the Eighth Circuit after an appeal of Clark’s TRO was filed. The earliest votes are set to be cast starting September 18 by members of the military.

Kevin Haggerty
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