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Missouri Republicans Push to Dismantle Judicial Selection System After Court Contempt Ruling

By Drooid · · How we work

Core Event: Supreme Court Holds Secretary of State in Contempt Over Redistricting Map

In September 2026 the Missouri Supreme Court found Secretary of State Denny Hoskins in contempt after he directed county clerks to use the 2025 congressional map that the court had placed on hold. The court had ordered officials to continue using the 2022 map until voters could decide on the new boundaries. Hoskins later rescinded the instruction; the contempt finding remained without further penalty.

Background & Context: The Missouri Plan and Prior Challenges

The “Missouri Plan,” adopted 86 years ago, requires a commission of three lawyers, three governor-appointed non-lawyers and one Supreme Court judge to select three candidates for each judicial vacancy. The governor appoints one, and the judge faces a retention vote after one year and every 12 years thereafter.

Early opposition from party bosses was rejected by voters in a 1942 repeal vote. Later challenges include a 2007 effort by conservative activist Leonard Leo to persuade Governor Matt Blunt to reject the slate, and a 2012 referendum that rejected a GOP-backed overhaul by a three-to-one margin.

Official Statements & Responses

  • U.S. Rep. Jason Smith called for electing Supreme Court judges.
  • Miles Ross, Republican Party executive director, posted that “the Missouri Plan is done.”
  • Dan Seitz, chief of staff to Sen. Brad Hudson, advocated replacing the commission with direct gubernatorial nomination subject to Senate confirmation.
  • Cathy Jo Loy indicated she will file legislation to replace the plan with a gubernatorial appointment system.
  • Chief Justice Brent Powell warned that threats to the courts undermine the rule of law.
  • Ed Dowd, former U.S. attorney and leader of Citizens for Missouri Courts, said the organization will mobilize to protect a system he describes as “working well.”

Criticism & Opposition

  • Peverill Squire, professor emeritus at the University of Missouri, doubts enough Republicans support a repeal to bring a ballot measure forward.
  • Ed Dowd and the Citizens for Missouri Courts argue the plan insulates the judiciary from partisan pressure and that dismantling it would erode judicial independence.

Conflicting Reports & Gaps

Hoskins cited a federal court ruling that conflicted with the state Supreme Court’s injunction, claiming it justified his use of the 2025 map. The state Supreme Court maintained that the injunction remained in effect. No clarification of how the two rulings intersect has been provided.

What’s Next

  • A bill to replace the Missouri Plan with a gubernatorial appointment and Senate-confirmation process is expected to be filed at the start of the next session.
  • The proposal will face committee scrutiny; analysts suggest limited appetite among Republicans to advance it to a statewide ballot.
  • The Supreme Court may confront impeachment proceedings if legislators follow through on their threats.
  • Voters could ultimately decide the fate of the Missouri Plan through a future referendum, as required for any constitutional amendment affecting judicial selection.