Missouri Supreme Court finds Hoskins was in contempt by ordering use of new congressional map
JEFFERSON CITY, Mo. (KMIZ)
The Missouri Supreme Court found Secretary of State Denny Hoskins in contempt Thursday, but said he has since reversed his contemptuous behavior and "purged" himself of contempt by ordering the use of a 2022 congressional map for the November election.
Hoskins had said just before the 2 p.m. hearing Thursday that he would not use a new, Republican-friendly congressional map after a U.S. Supreme Court order.
Hoskins issued a statement about an hour before he was due to appear back before the Missouri Supreme Court for a contempt proceeding after he had earlier this week pledged to use the new map following a federal court order.
"Following the United States Supreme Court’s stay, the only governing court order in effect is from the Missouri Supreme Court. In accordance with that order, my Office is directing local election authorities to use the 2022 congressional map," Hoskins said.
Missouri Chief Justice W. Brent Powell said during the afternoon hearing that Hoskins had "purged himself of contempt" by going along with the U.S. Supreme Court order.
The state high court had earlier heard arguments from Hoskins and Chuck Hatfield, lawyer for People Not Politicians, over whether Hoskins should be held in contempt in the legal fight over a Republican-friendly congressional map from 2025 and whether it will be used in the November election.
In the first round of arguments, People Not Politicians established that after speaking with the attorney general, Hoskins agreed to follow the Missouri Supreme Court ruling to use the 2022 map in November and put the map on the ballot for voters.
Hoskins ' attorney, William Seidleck added that "next steps are being evaluated," as litigation continues.
Attorney General Catherine Hanaway's office issued a statement saying it has directed local election authorities to use the 2022 map.
“We affirm the Secretary of State of Denny Hoskins’s position and decision to advise local election authorities that the 2022 map is in effect," Hanaway said in a news release. "We respect and will continue to comply with all court decisions, including orders issued by the Supreme Court of Missouri. We appreciate Secretary Hoskins’s continued commitment to upholding the law and working diligently to fulfill his duties on behalf of Missouri."
PNP added that while Hoskins is currently following state rules, he still can be held in contempt.
Federal Eastern District of Missouri Judge Stephen Clark granted a temporary restraining order Tuesday to Hoskins in a lawsuit brought by candidates, preventing Hoskins from using any map except for the "Missouri First" map for the November election. Clark ruled that the primary election is integral to the voting process and that switching maps before the general election would cancel primary votes.
Shortly after the decision, Hoskins allegedly told county clerks and election officials to use the 2025 map despite being ordered by the Missouri Supreme Court to use the 2022 map.
According to Seidleck, the conflicting orders left Hoskins "truly in a rock and a hard place.”
Hatfield as well as some of the Missouri Supreme Court Justices pushed back on this argument, questioning why Hoskins made a decision instead of waiting for the U.S. Supreme Court to make a ruling.
Just before that hearing, the U.S. Supreme Court overruled a lower court's order requiring the state to use a 2025 congressional map meant to gain an extra Republican seat in the House.
Justice Brett Kavanaugh granted a stay of the order issued earlier this week, according to a Supreme Court docket entry. The stay is granted while the case goes through the Eighth Circuit Court of Appeals.
Attorney General Catherine Hanaway, who represents Hoskins, filed a motion with the Eastern District Court to prevent the Missouri Supreme Court from finding Hoskins in contempt. Federal Eastern District of Missouri Judge Stephen Clark said Wednesday that he would not block Hoskins' contempt hearing.
The Missouri General Assembly sent a letter to Missouri Supreme Court Chief Justice Brent Powell Wednesday night asking the court not to take further action until "guidance is received from a higher court." Members of the General Assembly have threatened impeachment proceedings against the justices if Hoskins is held in contempt.
On Wednesday, the Eighth Circuit Court of Appeals turned down People Not Politicians' appeal to overrule a federal district judge's decision ordering Missouri officials to use the 2025 map in the November election.
A spokesperson for People Not Politicians said about an hour later that they had submitted an appeal of that decision to Supreme Court Justice Brett Kavanaugh.
As of Thursday morning, Hoskins and Rep. Bob Onder both filed their response in the United States Supreme Court case. A brief amicus curiae was also filed by the Department of Justice in support of denying the stay requested by People Not Politicians.
The 2025 map, known as the "Missouri First" or "H.B. 1," broke up the Democrat-friendly Fifth District in Kansas City, spreading its population among three districts that take in large chunks of rural territory. The move transforms the Fifth District into a likely Republican seat, changing Missouri's map from 6-2 in favor of Republicans to 7-1.
The Republican-dominated Missouri General Assembly approved the map in 2025, but legal challenges were immediately filed to revert to the 6-2 map created after the 2020 census.
