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US Midterms 2026
21JUN

Federal judge orders HB 1 back into use

2 min read
17:53UTC

Chief Judge Stephen R. Clark ordered Missouri to run the 3 November election on its suspended congressional map, hours after the US Supreme Court had declined to lift that suspension.

PoliticsDeveloping
Key takeaway

Clark ordered Missouri onto the suspended map, then refused to shield its secretary of state from the state court.

Chief Judge Stephen R. Clark of the Eastern District of Missouri granted four Republican plaintiffs a temporary restraining order on 8 September, directing the state to run the 3 November election on HB 1⁠1. Robert Onder and three other Republican plaintiffs brought the suit. A temporary restraining order is the fastest instrument a federal judge has, issued to hold a position for days rather than to resolve a case, and Clark issued his within hours of the US Supreme Court declining to disturb the state court's contrary ruling.

Missouri therefore had two live commands pointing in opposite directions on the same afternoon. The state court had struck HB 1 down and sent it to voters; Clark ordered it used. The Eighth Circuit declined to stay his order on 9 September, holding that it lacked jurisdiction over a restraining order of that kind rather than deciding whether Clark was right.

Secretary of State Denny Hoskins then asked Clark to go further and enjoin the Missouri Supreme Court itself, invoking the All Writs Act, a statute that lets federal judges issue orders protecting their own authority. Clark refused on comity grounds, the principle that one court does not casually command another. He had given Hoskins the map he wanted and declined to give him cover against the judges who had taken it away, which left the secretary of state holding a federal order and no protection from the state bench that had suspended the law.

Deep Analysis

In plain English

A federal judge and Missouri's own Supreme Court gave Missouri two opposite instructions on the same map in the same week. Judge Clark, hearing a case from Republican voters, ordered the state to use HB 1, the newer map state lawmakers had passed. Missouri's Supreme Court had already paused HB 1 and told the state to use the older 2022 map instead. When Hoskins tried to get Clark to also block the state Supreme Court from enforcing its own order, Clark said no. Federal judges generally cannot tell a state's own courts what to do, even when a related federal case is running at the same time.

Deep Analysis
Root Causes

Missouri's redistricting fight ran on two separate tracks at once: a state case testing whether HB 1 was validly enacted, and a federal case testing whether voters' equal protection rights required a particular map be used. Nothing forced those two cases into a single forum, so a federal judge and a state Supreme Court reached opposite conclusions about which map governs, in the same week.

That split-track structure exists because state and federal courts have concurrent jurisdiction over different legal theories arising from the same facts. Hoskins could win on one track and lose on the other, which is exactly what happened.

What could happen next?
  • Consequence

    With Clark refusing to reach the state court, Missouri's map dispute stayed split across two separate judicial systems with no single forum resolving both at once.

  • Meaning

    Clark's TRO gave HB 1 a second, independent federal basis beyond the legislature's own enactment, which is part of why the Supreme Court's later stay of that TRO mattered on its own terms.

First Reported In

Update #17 · Missouri's election chief held in contempt

CourtListener· 15 Sept 2026
Read original →
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Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.