Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
1OCT

Supreme Court stays the Missouri TRO

2 min read
15:11UTC

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 noted⁠1. 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
Read original →
Different Perspectives
Judge Mary Geiger Lewis, US District Court for the District of South Carolina
Judge Mary Geiger Lewis, US District Court for the District of South Carolina
Lewis dismissed on standing, without prejudice, the challenge by the South Carolina NAACP and three voters with disabilities to limits on who may help voters. The limits, including a cap of five voters per assistant, stand for the 3 November Senate election.
Judge Victoria Marie Calvert, US District Court for the Northern District of Georgia
Judge Victoria Marie Calvert, US District Court for the Northern District of Georgia
Calvert dismissed the Justice Department's suit for Georgia's unredacted voter list on 30 September, holding that the 1960 Civil Rights Act does not override state privacy law. Secretary of State Brad Raffensperger need not hand over birth dates, Social Security numbers or licence numbers.
Chad Bianco, Riverside County Sheriff
Chad Bianco, Riverside County Sheriff
Bianco, ordered by the state supreme court on 24 September to return about 650,000 Proposition 50 ballots, called his seizure a lawful investigation. He told CalMatters he would appeal to the federal courts.
Fairshake network, through Defend American Jobs
Fairshake network, through Defend American Jobs
Fairshake, the crypto-industry super PAC, has said it will spend $30 million against Sherrod Brown, and Defend American Jobs, which the Washington Times places in its network, filed $11.46 million in Ohio. The Washington Times reports that the ads do not mention cryptocurrency.
Texas PAC
Texas PAC
The super PAC reported $61.41 million of new spending on 30 September, its two largest lines opposing James Talarico and supporting Ken Paxton. Its race total of $131.53 million is the largest outside effort in any Senate contest this week, with donors undisclosed until 15 October.
Sabato's Crystal Ball
Sabato's Crystal Ball
Sabato moved three Virginia seats on 29 September, putting Jen Kiggans's 2nd District at Leans Democratic and the 1st at Toss-up. It wrote that a Democratic win in the 5th, now Leans Republican, would fit a 2006-style wave.