DALLAS, Texas — The Missouri Freedom Caucus (MOFC) is eyeing reforms to the state’s judicial system following a contentious Missouri Supreme Court ruling that’s thrown the upcoming November elections into chaos.
“Not only are we going to be talking about judicial reform in a number of different bills, [but] we’re also going to be talking about implementing an eight-zero map here in the next couple years,” MOFC Chair and State Sen. Nick Schroer told The Federalist at this past weekend’s State Freedom Caucus Network Summit.
The Show Me State has garnered nationwide attention in recent weeks following a Sept. 3 decision by the Missouri Supreme Court. That ruling effectively directed the state to use its 2022 congressional map as opposed to its 2025 map.
As The Federalist previously reported, the Missouri Legislature and Gov. Mike Kehoe approved the new map in question in September 2025. It sought to move the state from a six Republican-two Democrat map to a seven Republican-one Democrat map.
A group of activists later filed signatures supporting a petition to have a statewide referendum on the new map placed on the 2026 fall ballot. GOP Secretary of State Denny Hoskins, a former MOFC member, declined the petition last month, arguing that the Missouri Constitution “does not authorize a referendum on congressional redistricting plans passed by the General Assembly.”
Rejecting Hoskins’ claims, the Missouri Supreme Court held in its Sept. 3 ruling that “the plain language of … the Missouri Constitution authorizes a referendum as to ‘any act of the general assembly’ and no exception applies.” As a result, the state court permitted the referendum to appear on the fall ballot and blocked the state from using the 2025 map for the November contest.
Hoskins and Missouri officials quickly filed an emergency application with the U.S. Supreme Court days before ballots were expected to be finalized. In asking the justices to pause the Missouri Supreme Court’s decision, they noted how the state primaries had already been held under the 2025 map, and that the state court’s ruling “undoubtedly will require the winners of the Primary Election to run in dramatically different districts for the General Election.”
While Justice Brett Kavanaugh — who oversees applications from the 8th Circuit — denied the state’s request without explanation on Sept. 8, Missouri-based Chief District Judge Stephen Clark issued a temporary restraining order shortly afterwards in a different case. He mandated that Missouri use its 2025 map for the midterms, with Missouri officials — including Haskins — indicating their willingness to follow Clark’s ruling.
Left-wing challengers quickly appealed the decision to the 8th Circuit, which declined their request to freeze Clark’s ruling. Their subsequent appeal to SCOTUS proved more successful, however. The justices published an unexplained decision last week pausing Clark’s TRO, which means Missouri will use its 2022 map for the midterm elections.
Speaking with The Federalist, Schroer argued that the proposed 2025 map is “a more constitutionally sound map than what the legislature passed in 2022,” and that the 2022 map being used for the midterms “is actually gerrymandered.”
“You look at the different counties that it cuts in half versus what we did, putting a lot of these communities back together, more compact, more contiguous. The news media is not talking about that,” said Schroer, who introduced a seven Republican-one Democrat map while in the state House in 2022.
The Republican state senator further signaled that the Missouri Freedom Caucus is prepared to take the lead on pushing the Show Me State to adopt an eight Republican-zero Democrat map, even if voters approve the 2025 map this fall. The telegraphed move comes in light of the Supreme Court’s recent Louisiana v. Callais decision effectively kneecapping states’ ability to engage in race-based redistricting.
“With the Voting Rights Act being modified here recently, we have one minority-majority district in the city of St. Louis where Wesley Bell is. Cori Bush used to hold that district. That’s going to have to be modified,” Schroer said.
Redistricting is hardly the only reform the MOFC is looking at in future sessions. It’s also examining potential avenues to alter the process for appointing judges in the state.
In 1940, Missouri voters adopted the “Non-Partisan Court Plan” as part of the state constitution. Often dubbed the “Missouri Plan,” the provision guarantees a “merit-based judicial selection” in which an unelected nominating commission plays a significant role in determining who will be considered for many state judgeships.
For instance, Missouri Supreme Court justices “are chosen through assisted appointment in which the governor selects a nominee from a [three-person] list provided by a nominating commission,” as described by Ballotpedia. After serving for one year, the appointed justices must then “stand for retention in the next general election.” If successful, they serve for 12-year terms.
MOFC member and State Rep. Darin Chappell introduced a constitutional amendment aimed at reforming the Missouri Plan earlier this year. Among its numerous proposals, the measure included a provision that would grant the state Senate the power to consider and approve state Supreme Court and Court of Appeals nominees put forward by the governor.
While the resolution died before the end of the session, MOFC member and State Rep. Burt Whaley told The Federalist that the caucus “see[s] that going forward again.” He specifically expressed hope that the Missouri Supreme Court’s recent redistricting decision will give the measure the momentum it needs to get across the finish line.
“I think it’s going to have a whole lot more meaning this time because we’ve seen what the Missouri Supreme Court has chosen to do,” Whaley said.
As Whaley further alluded to, the Missouri Supreme Court has also caught flack in recent weeks for its targeting of Hoskins for his decision to follow Clark’s initial TRO mandating the use of the state’s 2025 congressional map. The Show Me State’s high court ruled that the secretary had engaged in civil contempt for such actions but found that he purged his contempt by ordering the use of the 2022 map following the U.S. Supreme Court’s ruling on the matter.
A coalition of Missouri voters who signed the petition for the statewide referendum on the 2025 map filed a lawsuit against Hoskins over the debacle on Friday. According to local media, they’re seeking an estimated $80 million “in damages for voters over his handling” of the referendum.
“Denny Hoskins [is] very courageous [and] very tenacious,” Whaley said. “I don’t know how many secretaries of states would put up with what he’s been taking.”
