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US Midterms 2026
24SEP

Federal judge orders HB 1 back into use

2 min read
11:45UTC

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 →
Different Perspectives
Missouri and Secretary of State Denny Hoskins
Missouri and Secretary of State Denny Hoskins
Missouri and Hoskins, held in contempt by the state's own supreme court on 10 September for prematurely reverting to HB 1, filed against a pause of the 8th Circuit's order restoring the same 2025 map.
Richard von Glahn and People Not Politicians
Richard von Glahn and People Not Politicians
Von Glahn and People Not Politicians filed emergency application 26A388 on 22 September asking Justice Kavanaugh to pause the 8th Circuit's order restoring the 2025 map, days after Missouri mailed overseas ballots under the 2022 lines. A refusal to pause it would leave those ballots carrying the wrong districts.
Harmeet Dhillon, Justice Department
Harmeet Dhillon, Justice Department
Dhillon said the department will send about 1,000 election monitors to Nevada, Pennsylvania and Rhode Island in November, calling it "the biggest DOJ election observer effort in history" and citing "67 election-related indictments and convictions" against 13 under the Biden administration.
National Association for the Advancement of Colored People and co-plaintiffs
National Association for the Advancement of Colored People and co-plaintiffs
The NAACP and eight other groups sued DHS in Washington on 18 September to keep ICE away from polling places, citing federal statutes barring armed officers and troops at elections. The suit follows a released 2025 DHS email listing non-English-language voting jurisdictions beside a Justice Department prosecution checklist.
Cook Political Report
Cook Political Report
Cook wrote that "the amount of money national Republicans have dedicated to this race is a flashing red light for Democrats" when it moved New Hampshire from Lean Democrat to Toss Up on 15 September, citing the NRSC's $5.18m for Sununu. It is the one state where Republican spending and the rating move the same direction.
Democratic Senate strategists
Democratic Senate strategists
Strategists note the DSCC held a $37.6m cash lead over the NRSC's $18.7m at the end of August, after coordinating just $1.00m of spending itself. One reading holds the committee is banking that cash for the campaign's final weeks rather than matching Republican spending dollar-for-dollar in August.