Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
22OCT

Federal judge orders HB 1 back into use

2 min read
20:36UTC

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
Judge Adolf Zeman, Alaska Superior Court
Judge Adolf Zeman, Alaska Superior Court
Zeman refused to dismiss the League of Women Voters, Alaska Black Caucus and ACLU of Alaska suit over the state giving DOJ its unredacted voter list. The privacy claims now go to evidence-gathering under the Alaska Constitution.
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Schroeder refused on 19 October to block the State Board of Elections rule that rejects mail ballots with an unsealed or missing inner envelope. He found the challengers had delayed and that relief was infeasible with voting under way, and pointed to notice-and-cure provisions as a safeguard.
Stephen Richer, Republican former Maricopa County recorder
Stephen Richer, Republican former Maricopa County recorder
Richer submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.
Senate Leadership Fund
Senate Leadership Fund
The Senate Leadership Fund began spending for interim Senator Darline Graham Nordone on 19 October, taking its South Carolina total to $4.06m, including $2.25m against Democrat Annie Andrews. Republicans are now paying to defend a seat in a state Donald Trump carried in 2024.
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate began buying Kansas airtime against Roger Marshall on 10 October and had reported $8.14m there by 20 October. Marshall held $922,088 in cash on 30 September and the NRSC gave him no party money in September, so the Democratic side is spending where the Republican committee has not.
County Board of Arlington County
County Board of Arlington County
Arlington says federal Polling Place Policies allowing armed agents at polling sites breach 18 USC 592, the 1865 ban on troops or armed men at an election. It reads Markwayne Mullin's 1 September remarks as confirming such a policy, and asks Judge Brinkema to keep armed federal staff from its polls and drop boxes.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.