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US Midterms 2026
1OCT

Missouri takes its map to Kavanaugh

3 min read
15:11UTC

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 →
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