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CBS NEWS

Kavanaugh leaves Missouri's 6-2 map in place; hours later a federal judge orders the state to run the 7-1 map

Political Guyentist · September 9, 20263 min read

CBS NEWS

Judge Stephen Clark's order landed at 4:58 p.m. Tuesday, Sept. 8 — seven minutes before Missouri's ballot-change cutoff — and runs 14 days, to about Sept. 22.

The denial. Justice Brett Kavanaugh on Tuesday, Sept. 8, denied Missouri Republicans' emergency request to revive a new congressional map that would flip a Kansas City-area seat. He wrote one sentence, gave no reasoning, and did not refer the case to the full Court — leaving the Missouri Supreme Court's order to use the old 2022 map, which splits the delegation 6-2 Republican, intact. The new map, HB 1, would make it 7-1.

The countermand. Hours later, U.S. District Judge Stephen Clark ordered the opposite: a temporary restraining order requiring Missouri to keep using HB 1 for the Nov. 3 election.

The reaction. Trump called the state court ruling "horrible, ridiculous, and unConstitutional." CBS News described the result as "a federal-election-administration disaster," and The Hill wrote that "widespread voter confusion would inevitably follow." ([TS]Boone and Polk county clerks told the state court the voter file already carries both maps: "just pick which one.")

What next. Missouri election officials must finalize ballots by Sept. 19, eleven days after the dueling rulings and six and a half weeks before the election.

Catch upwhat happened before · 4 earlier issues
  • Sept. 6 — Missouri asked the U.S. Supreme Court to reinstate the 7-1 map, with Kavanaugh giving opponents until Monday, Sept. 7 to respond.
  • August — Missouri held its primary under the new HB 1 lines, which reassigned voters in 28 counties.
  • Summer 2026 — The Missouri Supreme Court held the map never took effect and ordered the 2022 lines used in November.
  • Dec. 2025 — Referendum organizers filed signatures against the new map, automatically suspending it under state law.
  • A challenge to congressional district lines normally goes before a three-judge panel; Clark sat alone.
Currently showing Missouri's eight U.S. House seats under each map
Missouri's eight U.S. House seats under each map
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Missouri's eight U.S. House seats under each mapTwo maps, one seat. Missouri's eight U.S. House districts. The partisan balance shifts by one seat.. 2022 map. ordered by the Missouri Supreme Court. 6-2. HB 1 map. required by Clark’s temporary order. 7-1. one seat shifts toward Republicans. Kansas City-area redistricting. Republican-leaning seat. Democratic-leaning seat. Each square is one of Missouri's eight U.S. House districts. Map configurations, not election results.. Source: CBS News; The Hill; AP.Two maps, one seatMissouri's eight U.S. House districts. The partisan balance shifts by one seat.2022 mapordered by the Missouri Supreme Court6-2HB 1 maprequired by Clark’s temporary order7-1one seat shifts toward RepublicansKansas City-area redistrictingRepublican-leaning seatDemocratic-leaning seatEach square is one of Missouri's eight U.S. House districts. Map configurations, not election results.Source: CBS News; The Hill; AP.
Missouri's eight U.S. House seats under each map

What we’re less sure of2 of 9 claims

Related reading

The referendum that suspended HB 1 in December 2025 is certified to the Nov. 3 ballot as Proposition A, so whichever map prints this fall, voters decide whether HB 1 survives the rest of the decade.