Solicitor General D. John Sauer tells the Supreme Court that the order for the primary map "maintained the status quo ante"
D. John SauerSolicitor General of the United States, filing a brief for the United States as amicus curiae in No. 26A326
In a brief for the United States supporting the respondents, Solicitor General Sauer told the Supreme Court that the district court's order maintained the status quo ante by requiring Missouri to hold its general election under the map used in the primary. He asked the Court to deny the stay application.
Responding to
Because Missouri held its August primary under the 2025 map, the U.S. Constitution requires it to use that same map in the November general election, and using the 2022 map instead would violate Article I, Section 2 and equal protection.
“Instead, it maintained the status quo ante by requiring Missouri to conduct its general election under the map that the State had used for the primary, and under which the voters, candidates, and political parties had long been operating. … This Court should deny the application for a stay.”
Original text
Original text
Original text
Reporting
Where this statement fits
Should Missouri be allowed to use its 2025 congressional map in the 2026 general election?
Missouri lawmakers passed a new congressional map, House Bill 1, in September 2025, and the State used it in the August 4, 2026 primary. On September 3, 2026, the Supreme Court of Missouri ruled unanimously that a referendum petition kept the map from taking effect and that the 2022 map remains in force for the November general election. Gov. Mike Kehoe, Attorney General Catherine Hanaway, Secretary of State Denny Hoskins and President Donald Trump said in early September that the primary map should be used in November, and the Eighth Circuit held on September 21 that using the 2022 map violates the U.S. Constitution. People Not Politicians, the Campaign Legal Center and the ACLU argued that Missouri law makes the 2022 map the only valid map and that ballots had been mailed under it. On September 25, 2026, the U.S. Supreme Court, in an unsigned per curiam order that records no dissent, stayed the federal injunctions, said that under state law the 2022 map must be used, and said lower courts should not require use of the 2025 map in the 2026 election. Kehoe called that decision disappointing and said Missouri will follow the order.
Source and context
Original text
About this source
Brief filed by the Solicitor General for the United States supporting the respondents, including Missouri and Secretary of State Denny Hoskins. It argues that the applicants lack appellate standing, are unlikely to succeed on appeal, and that the equities do not support a stay.
Archived copy (opens in a new tab)Original text
About this source
The Court's docket records the September 9 stay application, the responses and briefs filed September 9 and 10, including the brief of the United States, and the September 10 order granting the stay.
Original text
About this source
Unsigned per curiam order on an application that Circuit Justice Brett Kavanaugh referred to the full Court. It stays the Eighth Circuit's September 21 mandate and September 22 order and the district court's September 21 and 22 injunctions, keeps the Court's September 10 stay in place, and says the lower courts should not prohibit use of the 2022 map or require use of the 2025 map in the 2026 congressional election in Missouri. The text of the order shows no separate opinion or noted dissent.
Reporting
About this source
Report on the Supreme Court's September 10 stay. It quotes Richard von Glahn's emailed statement, notes that the U.S. solicitor general joined Missouri and Secretary of State Denny Hoskins in opposing the stay, and describes the order as unsigned with no publicly noted dissent.
Archived copy (opens in a new tab)Before the quotation
People Not Politicians and Richard von Glahn applied to the Court on September 9 to stay Chief Judge Stephen Clark's September 8 order requiring the 2025 map. Missouri and Secretary of State Denny Hoskins also opposed the stay, the Missouri Independent reported.
After the quotation
The Court granted the stay later on September 10 without a noted dissent.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is use of the 2025 map in the 2026 general election. The brief argues that requiring the primary map preserves the status quo and asks the Court to leave that requirement in place, which defends using the 2025 map. The closest competing label, “Challenged the characterization”, loses because the brief defends the outcome itself, beyond any description of it.
- Recorded on
- Published here
More from this case
Read the full caseRichard von Glahn says People Not Politicians is "done with corrupt politicians trying to force their map into effect"
“We are done with corrupt politicians trying to force their map into effect outside the process outlined in the Missouri constitution. We have said from the beginning, people, not politicians will be the final deciders on this DC power grab. We are moving forward to vote NO on Proposition A.”Read statement
The National Democratic Redistricting Committee says the Supreme Court "denied Missouri Republicans' third attempt to jam through their 2025 gerrymander"
National Democratic Redistricting Committee
“BREAKING: SCOTUS just denied Missouri Republicans' third attempt to jam through their 2025 gerrymander! 👏 This reaffirms what the state's highest court already said weeks ago — the 2025 map was never the law. Missouri Republicans tried to silence voters. Today, they lost.”Read statement
Rep. Emanuel Cleaver says the Supreme Court "put this shameful and unlawful scheme to rest"
“For more than a year, state officials have spent precious time, energy, and resources on an effort to silence the voices of Missouri voters and steal a congressional seat. Tonight, after more than 305,000 Missourians demanded a say, the Supreme Court has put this shameful and unlawful scheme to rest. Power to the people.”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Solicitor General D. John Sauer tells the Supreme Court that the order for the primary map "maintained the status quo ante"
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/2676-in-a-brief-for-the-united-states-supporting
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "Solicitor General D. John Sauer tells the Supreme Court that the order for the primary map "maintained the status quo ante"". First published: 2026-09-26. Last updated: 2026-09-26. https://disputeindex.com/events/2676-in-a-brief-for-the-united-states-supporting