Two federal decisions landed within minutes of each other on September 8, pointing in opposite directions. U.S. Supreme Court Justice Brett Kavanaugh, acting alone and without explanation, rejected Missouri Republican officials’ emergency application to stay the Missouri Supreme Court’s September 3 ruling, leaving the 2022 map in place for November. Moments later, Chief U.S. District Judge Stephen Clark of the Eastern District of Missouri issued a 14-day temporary restraining order barring Secretary of State Denny Hoskins from using any map other than the one drawn in the 2025 special session, ruling in a suit filed September 4 by U.S. Rep. Bob Onder, state Sen. Rick Brattin, and two voters.
Hoskins certified the referendum as Proposition A on the November ballot in compliance with the state court order, and the ballot deadline passed at 5 p.m. Tuesday. People Not Politicians has filed notice of an emergency appeal of Clark’s order to the Eighth Circuit. The restraining order runs 14 days while the district court hears arguments, placing a hearing before the September 19 deadline to begin mailing ballots to overseas voters. Unresolved is which order controls: a state supreme court holding that the 2025 map never became law, or a federal district court holding that using any other map violates the constitutional rights of candidates and primary voters.
Contempt Proceedings
The Missouri Supreme Court ordered Hoskins to appear in person Thursday at 10 a.m. to explain why he should not be held in contempt for emailing local election officials on September 8 directing use of the 2025 map. He must answer by noon Wednesday. Chief Justice W. Brent Powell posed three questions: why the email is not “an affirmative violation of this court’s injunction,” how the injunction is not still in force given Kavanaugh’s denial, and why, if unwilling to comply, he “should take no action in all things related to the congressional district map until guidance is received from a higher court.” Powell also barred filings from other parties.
UPDATE — September 10, 2026
The question left unresolved above has now been answered: Missouri will use its 2022 congressional map in November. On the morning of September 10, Justice Kavanaugh stayed Judge Clark’s restraining order pending Eighth Circuit review, removing the conflicting federal restraining order. Hours later, at the contempt hearing, several Missouri Supreme Court judges pressed Hoskins’ attorney on whether he would comply with the state court’s injunction; that afternoon Hoskins conceded it was the only order in effect and announced he was directing local election authorities to use the 2022 map.
Reconvening Thursday afternoon, the court found Hoskins in contempt for his September 8 email directing use of the 2025 map, then found he had purged the contempt by complying. Chief Justice W. Brent Powell said the court “finds the secretary has since corrected his contemptuous conduct by directing all local election authorities to use the 2022 congressional district map.” The court did not specify what penalty, if any, Hoskins faces. The Eighth Circuit appeal of Clark’s order continues.
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