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US Midterms 2026
24SEP

Missouri takes its map to Kavanaugh

3 min read
11:45UTC

Denny Hoskins asked the Supreme Court on Friday 4 September to stay the ruling that suspended Missouri's congressional map. Justice Kavanaugh set a response deadline of noon EDT on Monday 7 September and entered no ruling.

PoliticsDeveloping
Key takeaway

Missouri's emergency application sits with Justice Kavanaugh, undecided, with no date set for a ruling.

Denny Hoskins, Missouri's secretary of state, applied to the Supreme Court of the United States for an emergency stay on Friday 4 September, hours after the Missouri Supreme Court refused him a stay of its own ruling. The docket entry reads Denny Hoskins, Secretary of State of Missouri, Applicant v. Richard Von Glahn, No. 26A304.⁠1 An emergency application of this kind goes first to the circuit justice for the state's federal circuit, which for Missouri means Justice Brett Kavanaugh of the Eighth Circuit.

The application runs the Elections Clause theory the state court rejected the day before, and invokes Purcell, the principle that federal courts should not change election rules close to polling day.⁠2 It counts 1.2 million votes already cast under the suspended districts at Missouri's 4 August primary.⁠3 It argues urgency from a federal date: ballots must reach military and overseas voters by 19 September, and Missouri says a reversion to the 2022 lines this late risks a breach of that obligation.⁠4 South Carolina missed the same federal deadline in July and had to sign an agreement with the Justice Department to manage it, so the risk Missouri describes is not hypothetical. The Republican National Committee, the National Republican Congressional Committee (NRCC) and the Missouri Republican Party filed a brief in support the same day.⁠5

Missouri's position has real force. Two courts moving a congressional map after a primary has been held and certified, on the turnout its own application cites, describes precisely the disorder Purcell was written to prevent. The state court's answer is that a referendum petition, not a judge, is what stripped HB 1 of effect, which puts the suspension outside the mischief Purcell addresses.

The docket records the next step and no more: "Response to application (26A304) requested by Justice Kavanaugh, due by Noon (EDT) on September 7, 2026".⁠6 That hour has passed and no ruling has been entered. the Court has named no date for one, and this briefing assumes none.

Deep Analysis

In plain English

Missouri's top state election official does not want the old 2022 map back, so he has asked the US Supreme Court to pause the state court's ruling while the case continues. He argues it is too disruptive to change the district map again this close to the election, since over a million people already voted in a primary held under the newer map. One justice, Brett Kavanaugh, has asked for more information but has not yet decided anything.

Deep Analysis
Root Causes

Missouri's referendum clause offers no severability for a map already used in a primary.

Once Von Glahn suspended HB 1, the state had no statutory route to keep the primary results tied to HB 1's districts short of a stay from a higher court, so the fight moved to Washington by default rather than by choice.

What could happen next?
  • Risk

    If the Court grants the stay, ballots already printed or sent under one map could need reissuing before the 19 September overseas deadline Missouri itself cites.

  • Precedent

    A ruling will signal how the Court weighs a state supreme court's own constitutional process against Purcell-style timing concerns, relevant to several other mid-decade map disputes moving through federal courts this cycle.

First Reported In

Update #16 · Missouri suspends its map, and votes on it

Supreme Court of the United States· 7 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.