The U.S. Supreme Court issued a one-page unsigned order at 10:16 a.m. Thursday that stayed Chief Judge Stephen Clark's order requiring Missouri to use its 2025 congressional map. No justice noted a dissent. Justice Brett Kavanaugh, who had denied the state's own request Tuesday, referred the challengers' application to the full court. Missouri will vote in November on the districts drawn in 2022.
A federal judge and a state supreme court gave opposite orders to the same official, and the answer to which one binds him arrived nine days before ballots go out.
The fight belongs to the mid-decade redistricting cascade. Missouri's legislature redrew its map in a 2025 special session to split Rep. Emanuel Cleaver's Kansas City district. Opponents gathered signatures for a referendum, and the Missouri Supreme Court ruled unanimously on Sept. 3 that House Bill 1 "is not the law and has never been the law" until voters approve it. Judge Clark, a Trump appointee, ruled Tuesday night that using two maps would sort voters into unequal classes. Secretary of State Denny Hoskins told counties to use the 2025 map. The state court ordered him to appear.
- Military and overseas ballots must be mailed by Sept. 19 under federal law.
- Proposition A, the referendum on the 2025 map, is on the Nov. 3 ballot.
- The 8th Circuit set briefs for Sept. 15 and argument for Sept. 17.
Chief Justice W. Brent Powell wrote that Hoskins "was in contempt" of the Sept. 3 order and "has therefore purged himself" by reversing course; Hoskins emailed county clerks Thursday afternoon to use the 2022 map. His lawyer, William Seidleck, said conflicting orders left him "between a rock and a hard place." Chuck Hatfield, for People Not Politicians, said, "I thought we were all going to agree to be adults here today." Attorney General Catherine Hanaway called it "very confusing, almost unprecedented." Gov. Mike Kehoe called the court's reasoning "questionable" and backed compliance. Nine Republican state senators and five representatives wrote to Powell that the justices showed "willful neglect of duty" and could face impeachment. House Minority Leader Ashley Aune answered: "This is how democracies collapse." The stakes fall on Missouri's county clerks printing ballots, the candidates in the state's eight House districts, and the Kansas City voters whose district was the map's target.
Disputedwhich court's order governs a state election official when a federal judge and a state supreme court disagree, and whether the state's justices overstepped by threatening contempt.
The FramingsMissouri Republican framing (the 14 legislators, Hoskins) presents a federal order under the Supremacy Clause as binding, the state court's contempt threat as a judicial power grab, and impeachment as the legislature's check. The challengers' framing (People Not Politicians, Missouri Democrats) presents a public official who defied his own state's highest court and legislators who answered with threats against judges. Judge Clark's framing presents an equal-protection problem: two maps in one election sort voters into unequal classes. The state-constitutional framing (the Missouri Supreme Court; law professors Akhil and Vikram Amar at SCOTUSblog) presents redistricting as governed by the state constitution's referendum clause, which Justice Kavanaugh respected by declining to intervene Tuesday. Election-administration framing (clerks, Attorney General Hanaway) presents one need: a single answer before the Sept. 19 mailing deadline.
The RecordThe Supreme Court's stay order and the absence of noted dissents are on the court's docket, as SCOTUSblog and the Missouri Independent reported. The Sept. 3 state ruling and Thursday's contempt finding are in the Missouri Supreme Court's own orders. The legislators' letter and Aune's response were reported by KCTV5. The Supreme Court's order gave no reasons. Confidence that Missouri votes on the 2022 map in November: high. Confidence that the impeachment threat advances: low.
What to watch: The 8th Circuit's Sept. 17 argument on Clark's order. The Sept. 19 deadline for mailing military and overseas ballots. Further Supreme Court filings by the state on the map. The Missouri legislature's next session, where any impeachment resolution would have to start.
Sources: NPR, ABC17 News, KCTV5, KFVS12, Missouri Independent, SCOTUSblog, St. Louis Public Radio, Supreme Court of the United States (order)
