The Supreme Court stayed a Missouri federal court order Thursday, blocking a maximal Republican gerrymander for the 2026 midterms — at least for now.
Litigation has been unfurling at lightning speed, and this latest development is a major loss for Republicans. On Wednesday, two contradictory developments occurred within hours of each other: a) the U.S. Supreme Court declined to overturn the Missouri Supreme Court’s ruling that Missouri could not use its new 7 Republican-1 Democrat gerrymander in the general election, and b) federal district court judge Stephen Clark ruled that Missouri can’t use any other map but the new gerrymander. The first ruling was made under the state constitution, and the second under the U.S. constitution.
Chaos ensued. People Not Politicians, the group fighting the gerrymander, quickly appealed the federal district court ruling up to the Supreme Court, asking for a stay. On Thursday morning — a half hour after the due date for all the briefs — the Supreme Court granted that request, at least while the appeals process plays out.
So, as of now, the Missouri Supreme Court ruling blocking the maximal gerrymander from being used rules the day. If this stands, the general election in the state will be held under its 2022 map, a 6 Republicans-2 Democrats gerrymander that preserves the Kansas City seat.
Still to come Thursday, Missouri Secretary of State Denny Hoskins (R) is due before the Missouri Supreme Court to explain why it shouldn’t hold him in contempt for announcing his intention to follow the federal judge’s order, and not the state Supreme Court’s. That hearing seems less pressing now, given that the federal judge’s order is no longer live.
The Supreme Court, via Justice Brett Kavanaugh who handles cases from that part of the country, did not explain its reasoning in its Thursday order. There were no noted dissents.
