D. John Sauer
Role at the time: Solicitor General of the United States, filing a brief for the United States as amicus curiae in No. 26A326
Response to this claim
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.”
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)Why we used 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.