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US Midterms 2026
15SEP

Supreme Court stays the Missouri TRO

2 min read
14:21UTC

All nine justices were needed to undo a single district judge's order, two days after one justice alone had been enough to leave a state court's injunction standing.

PoliticsDeveloping
Key takeaway

Nine justices were required to stop one district judge from overriding Missouri's own supreme court.

The US Supreme Court stayed Judge Stephen R. Clark's restraining order in Onder v. State of Missouri on 10 September, with no dissent noted 1. Justice Brett Kavanaugh put this application to the full bench instead of ruling on it himself, the opposite of his handling of the state's own application two days earlier. A stay suspends another court's ruling while an appeal proceeds, so Clark's command to use HB 1 stopped operating that day.

Kavanaugh's signature alone sufficed to let a state court's injunction stand on 8 September. Cancelling a federal judge's interference with that same injunction took all nine justices two days later. Whatever the Court thinks of mid-decade redistricting, it treated a district judge overriding a state Supreme Court on election administration as the question deserving nine votes.

Missouri's 2022 boundaries now govern the 3 November vote, which is the result the state Supreme Court reached on 3 September. On that same ballot, Missouri Proposition A asks voters whether HB 1 should take effect at all; approval would bring the map into force 30 days later, around 3 December, too late to touch a single 2026 race. Maryland's highest court put a comparable redistricting question back before its own voters in early September . Two states have now handed the drawing of congressional lines to a referendum after the courts ran out of room.

Deep Analysis

In plain English

The Supreme Court paused Judge Clark's order, so Missouri no longer has to use the HB 1 map under that federal case. Lawyers call this a stay: it pauses a lower court's order temporarily and decides nothing about whether the map itself is legal. No justice publicly disagreed on the record, but that does not necessarily mean all nine agreed. The Court's emergency orders often do not show individual votes, so the public may never know exactly how each justice came down.

Deep Analysis
Root Causes

A stay pending appeal turns on the four-factor test the Court set out in Nken v. Holder: likelihood of success on the merits, irreparable harm absent a stay, the balance of harms between the parties, and the public interest. A majority satisfied on those factors can issue a stay without ever ruling on the merits of whether HB 1 or the 2022 map is lawful.

That structure is why Thursday's order settles which map Missouri uses for now while leaving the underlying legal question, which map the state constitution actually permits, undecided and still pending below.

What could happen next?
  • Consequence

    The stay leaves the 2022 map as the operative map for now, without deciding whether HB 1 is constitutionally valid, so the underlying dispute remains live below.

  • Risk

    Because the order carries no recorded vote, any later claim about which justices supported it will be difficult to verify against the public record.

First Reported In

Update #17 · Missouri's election chief held in contempt

CourtListener· 15 Sept 2026
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Causes and effects
This Event
Supreme Court stays the Missouri TRO
The federal courts have now closed both routes around Missouri's suspended map, and voters decide its fate on the same day they use the old one.
Different Perspectives
Cook Political Report
Cook Political Report
Cook Political Report published a dated House ratings snapshot on 11 September and changed no seat's rating, holding at 206 Democratic to 208 Republican with 21 tossups since its 3 September batch. Publishing without a change is a dated decision, not an oversight, leaving Republicans ahead on seats while Democrats lead the national vote by 6.6 points.
Department of Justice
Department of Justice
A Justice Department official told the Las Vegas Review-Journal that preservation letters like the one sent to Aguilar go to states the department is in active litigation against over incomplete voter registration lists. The department would not answer the paper's specific questions about the personal investigation notice riding inside the same letter.
Francisco Aguilar
Francisco Aguilar
Nevada Secretary of State Francisco Aguilar publicly rejected Justice Department pressure on 12 September, days after a 4 September letter combined a records-preservation demand with a personal notice that he is under investigation. He said he will not fold until a judge orders him to, making his office's compliance a political stand rather than a routine filing.
Brett Kavanaugh
Brett Kavanaugh
Justice Brett Kavanaugh denied Missouri's state-track stay application alone on 8 September without referring it, then sent the separate federal-track application in Onder v. State of Missouri to the full Court, which stayed it on 10 September. His choice of which application to keep and which to share decided how much of the fight one justice controlled.
Robert Onder and the federal plaintiffs
Robert Onder and the federal plaintiffs
Robert Onder and three other Republican plaintiffs won a temporary restraining order from Chief Judge Stephen R. Clark on 8 September ordering Missouri to use HB 1, then lost it when the Supreme Court stayed it on 10 September. Their federal route ran parallel to Hoskins's own reversal and ended the same way, with the 2022 map governing 3 November.
Richard Von Glahn and People Not Politicians
Richard Von Glahn and People Not Politicians
Richard Von Glahn and People Not Politicians won Von Glahn v. Hoskins on 3 September, persuading the Missouri Supreme Court that their referendum petition stripped HB 1 of effect and sent it to voters as Proposition A. The contempt finding against Hoskins this week confirms their win held even after the state's chief election officer tried to reverse it.