Missouri Supreme Court Clears Secretary of State of Contempt

The 16-Hour Standoff

The Missouri Supreme Court ruled that Secretary of State Denny Hoskins “purged himself” of contempt after a chaotic 48-hour legal battle. For about 16 hours, Hoskins faced two conflicting court orders requiring him to use different congressional maps. The state court ordered him to use the 2022 maps, while a federal judge ordered him to use the 2026 maps. Neither court is higher than the other, leaving the official with no clear path to obey both. Hoskins agreed to enforce the 2022 maps once the federal ruling was stayed.

Per Reason Magazine, the state court decided to hold an emergency hearing on whether Hoskins should be held in contempt. This happened around the same time the United States Supreme Court stayed the federal judge’s ruling. The conflict arose because a federal judge in the Eastern District of Missouri issued an injunction to stop the use of the old maps. Meanwhile, the state court had already ruled the new 2026 maps were a legal nullity due to a voter referendum. Hoskins was caught between two valid judgments from courts of competent jurisdiction.

A Surreal 48 Hours

The timeline of events in Missouri was fast and confusing. Reason Magazine reported that the fight began when the state court ruled the state must use the 2022 congressional maps. The court found the 2026 maps invalid because about 3% of voters placed the issue on the ballot for a referendum. Missouri then filed an emergency application for a stay on September 4. Circuit Justice Kavanaugh denied this application in chambers shortly after midnight on September 8.

Minutes after that denial, Judge Clark in the Eastern District of Missouri enjoined the use of the 2022 maps. An Eighth Circuit panel later declined to grant a stay of that district court’s injunction. The situation escalated when a group supporting the ballot referendum filed their own emergency application to stay the district court’s ruling. This second application was granted around 10:30 A.M. on September 10, less than 30 minutes after briefs were filed. The Supreme Court granted the stay without any noted dissents.

Justice Kavanaugh set a response deadline for 10:00 A.M. on September 10, which was about 16 hours away. During that short window, Missouri filed a 51-page opposition, representatives filed a 50-page brief, and the Solicitor General filed an 18-page brief. The court ordered the application granted just as these filings were completed. Within a 48-hour window, the Supreme Court refused to overturn the state court ruling while staying the federal court ruling.

What the Court Said

During the emergency hearing, the court addressed the rushed nature of the proceedings. A member of the court noted the speed at which they had to act on the application. The court also pointed out the lack of standard procedure in this specific instance.

Despite the lack of time for debate, the final decision was clear. Hoskins was deemed no longer bound by conflicting injunctions by the court. This ruling meant he could proceed with the 2022 maps without fear of contempt charges. The court found that the conflicting orders were a result of the Supreme Court’s stay. Hoskins got some definitive guidance from up to the Supreme Court.

The situation mirrors a similar legal battle in Alabama during the same-sex marriage litigation. State probate judges there faced conflicting orders from a federal judge and the state supreme court. Ultimately, the Supreme Court case of Obergefell settled that matter for the nation. Meanwhile, those judges were forced to choose which court could hold them in contempt. The Missouri Supreme Court likely ought to have delayed setting oral argument until the Supreme Court issued its ruling.

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