Supreme Court Rules Against Missouri’s Bid to Snatch Extra Seat in Midterms

WASHINGTON, DC - FEBRUARY 24: President Donald Trump walks past Supreme Court Chief Justice John Roberts, Associate Justice Elena Kagan, Associate Justice Brett Kavanaugh and Associate Justice Amy Coney Barrett as he... WASHINGTON, DC - FEBRUARY 24: President Donald Trump walks past Supreme Court Chief Justice John Roberts, Associate Justice Elena Kagan, Associate Justice Brett Kavanaugh and Associate Justice Amy Coney Barrett as he arrives for the State of the Union address during a Joint Session of Congress at the U.S. Capitol on February 24, 2026, in Washington, DC. Trump delivered his address days after the Supreme Court struck down the administration's tariff strategy and amid a U.S. military buildup in the Persian Gulf threatening Iran. (Photo by Win McNamee/Getty Images) MORE LESS

The Supreme Court on Tuesday denied Missouri Republicans’ attempt to jam through a new gerrymander that would leave Democrats with only one House seat to their seven.

Minutes later, U.S. District Judge Stephen Clark — a Trump appointee — handed down a temporary restraining order requiring Missouri to use the new maximal Republican gerrymander. The state is now under contradictory orders; an appeal of Clark’s ruling could come as soon as tonight.

“We have a very clear Missouri Supreme Court decision and the state today says that decision is valid and in effect,” Chuck Hatfield, counsel for People Not Politicians, told reporters Tuesday evening. “Judge Clark has not overruled that decision, in fact I don’t know that he can; he doesn’t have the authority to overturn the Missouri Supreme Court decision.”

“An individual federal district judge does not have the authority to overrule a decision of the state Supreme Court,” he added. “The U.S. Supreme Court certainly does, absolutely.”

Missouri Secretary of State Denny Hoskins (R) had to exert extra effort to try to muscle the new map through: The state allows citizens to put legislation up for a statewide vote before it can be implemented if they obtain enough signatures to back a ballot measure. The group People Not Politicians did just that, submitting the thousands of required signatures back in December. Hoskins was then supposed to verify the signatures; if the group had collected enough valid ones, the legislation creating the new map would be frozen until voters got the chance to vote it up or down. 

Hoskins, though, tried to avoid that vote by dragging his feet, waiting to reject the petition until the last possible day — August 4, the date of the Missouri primaries, which were held under Republicans’ new 7-1 gerrymandered map. State Attorney General Catherine Hanaway (R) said publicly during a radio interview earlier this year that “delay works in our favor.” Hoskins declared the petition insufficient, saying that the citizen referendum process did not apply to maps passed by the legislature. 

People Not Politicians kept fighting in court, last week notching a major victory as the Missouri Supreme Court ruled unanimously that the referendum process does cover redistricting, and that the new map should have never been implemented.

Hoskins then lobbed an emergency appeal to the U.S. Supreme Court, asking it to intercede so Missouri could use the maximal Republican gerrymander — which were drawn at President Trump’s request and bolstered by the Court’s Callais decision that gutted the Voting Rights Act and made racial discrimination in redistricting all but impossible to prove. Many other states, mostly in the South, have similarly rushed to eliminate their Democratic, majority-Black districts to artificially bolster Republicans’ seat tally.

Hoskins’ application for a stay, filed Friday, was denied by Justice Brett Kavanaugh (who oversees cases from that region of the country) on Tuesday. That order, if it stands, clears the way for Missouri’s general election to be held under its 2022 map, and its citizens to decide then whether they want future elections to be governed by the 7-1 gerrymander. 

The Supreme Court did not immediately publish any explanation to accompany the rejection of the stay request. The Court will likely weigh in again before the election, given Judge Clark’s last-minute order pushing in the opposite direction.

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  1. Shadow docket time can get pretty nasty when Bart O’Kavanaugh gets the beer farts.

    Why, yes, this IS what political discourse has devolved to, post-Trump.

  2. injunctions. Appeal expected within hours.

    Because of course.

  3. When I sturdied Constitutional law the professor was clear a state supreme court’s decision had to go to the US Supreme Court directly. No need for an intervening district court or appellate court. Those were the days before the rocket docket, just shortly after the civil war, when states were jealous of their rights. The Supreme Court would slap down a district judge who got over his skies.

  4. OMG! Any bets on whether the Trump district judge’s ruling will trump the Trump supreme court justice’s ruling? I really must learn how to do Polymarket bets.

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