The wild ride in Missouri continues. Around the same time that the United States Supreme Court stayed Judge Clark's ruling, the Missouri Supreme Court held an emergency hearing about whether Secretary of State Denny Hoskins should be held in contempt. By that time, because Judge Clark's ruling was stayed by the Supreme Court, Hoskins was no longer subject to dueling injunctions, and thus agreed to enforce the 2022 maps. Ultimately, the court ruled that Hoskins "purged himself" of contempt, and therefore imposed no punishment.
Yet, for a period of about 16 hours, the Secretary of State was subject to two sets of injunctions. The Missouri Supreme Court ordered him to use the 2022 maps. And the U.S. District Court for the Eastern District of Missouri ordered him to use the 2026 maps. Which of these two courts prevails? Neither. They are both courts of competent jurisdiction that issued binding orders. One is not higher than the other. Indeed, conflicting rulings from the Missouri Supreme Court and the Eighth Circuit would present the same issue. Hoskins, if push came to shove, would have to choose which judgment he wishes to comply with. But that choice entails costs. If he complied with the state court ruling, Judge Clark could have held him in contempt. If he complied with the federal court ruling, the Missouri Supreme Court could have held him contempt.
Under these very unusual circumstances, the Supreme Court in the span of 48 hours declined to disturb the state court ruling and stayed the federal court ruling, so Hoskins got some definitive guidance from up to. But in the normal course, these sorts of dueling injunctions would co-exist for days, weeks, or even longer.
