Missouri Republicans frustrated by court losses seek to change how top judges selected

Some 86 years ago, Missouri voters enshrined a system for selecting top judges that would remove political influence from the courts. And almost immediately, it came under attack.

Under what has come to be known as the Missouri Plan, lawyers help choose a slate of three candidates from which the governor must make an appointment for the state Supreme Court, appeals courts and, in some populous areas, the circuit courts.

In the first years after adoption, it faced pushback from party bosses who had historically used judicial seats for political patronage. They said it gave too much power to the lawyers. Voters, though, decisively defeated a repeal measure in 1942.

More recently, the conservative activist Leonard Leo, who viewed Missouri as a crucial battleground, tried in 2007 to persuade Republican Gov. Matt Blunt to reject a slate of Supreme Court candidates — part of a broader effort to weaken a judicial selection system that had become a model for some two dozen states around the country.

Blunt resisted and picked one of the three judges from the approved slate.

Then, in 2012, GOP lawmakers put a proposed overhaul before voters that, if approved, would have given the governor more control. Voters, by a 3-to-1 margin, turned back the plan.

Now the attacks are back, driven by a new grievance.

At President Donald Trump’s behest, Republican lawmakers redrew the state’s congressional map in a mid-decade gerrymander. The goal: to give the GOP a shot at winning seven of Missouri’s congressional seats, instead of the six it now holds.

But voters gathered enough signatures to force a referendum on the map and put it on hold. While Secretary of State Denny Hoskins tried to keep the referendum off the ballot, the Missouri Supreme Court overruled him. It ordered the old map restored until voters decide on the new one.

Hoskins, citing a federal court ruling that contradicted the state’s highest court, directed officials to use the new map anyway, prompting Chief Justice Brent Powell to demand that Hoskins appear in court to show why he shouldn’t be held in contempt.

Fourteen Republican lawmakers responded by threatening to impeach “responsible members of this Court” for “willful neglect of duty, incompetency and misconduct” if the justices held Hoskins in contempt; the court did so anyway. Hoskins backed down and instructed local election officials to distribute ballots using the old map; the justices decided not to have him arrested.

The drama played out as Republicans in Missouri and elected officials nationwide have sought to weaken institutions that limit their power. In North Carolina, the Republican-dominated General Assembly stripped authority from Democratic governors. In Wisconsin, Republicans threatened to impeach a newly elected Supreme Court justice to protect gerrymandered maps. And in New York, Democrats bypassed an independent commission to pass a gerrymander that favored them, but the state’s highest court struck it down.

Rather than electing top judges, as Illinois does, or giving the governor primary responsibility for choosing them, like California, Missouri selects its appellate and Supreme Court judges through a commission made up of three lawyers, one elected by lawyers in each appellate district; three non-lawyers appointed by the governor, one from each district; and a state Supreme Court judge selected by the court. After they are appointed, judges face a retention vote at the first general election after completing one year in office, then every 12 years, with voters deciding whether they keep their positions.

In response to the controversy, a number of Missouri Republicans have attacked the system. U.S. Rep. Jason Smith called for the state to switch to electing its Supreme Court judges. Republican Party executive director Miles Ross declared on X, “The Missouri Plan is done.” Dan Seitz, chief of staff to Sen. Brad Hudson, called for replacing it with a system in which the governor could nominate judges directly, subject to Senate confirmation.

State Rep. Cathy Jo Loy, a Carthage Republican who has introduced legislation in each of the past two sessions to replace the Missouri Plan with gubernatorial appointment and Senate confirmation, said she intends to file a new proposal Dec. 1, the first day lawmakers can file bills for next year’s session. Loy said her opposition to the system predates the recent clashes with the Supreme Court. But she acknowledged that those defeats could give the proposal new momentum.

“There will probably be more appetite because there are several senators that feel the same way,” she said.

Republicans, who hold every statewide elected office, supermajorities in both chambers of the legislature and six of the state’s eight congressional seats, seem to have suddenly found the limits of their power. At the ballot box, voters have overwhelmingly rejected major pieces of the party’s agenda, including an effort to weaken their power to bypass the legislature by amending the constitution or putting laws passed by lawmakers to a statewide vote.

Time and again, when elected officials have sought to limit voters’ use of the ballot initiative, the courts have protected voters’ use of direct democracy. Courts repeatedly rewrote ballot summaries prepared by Republican state officials that they found unfair or misleading, including language describing the initiative that ultimately established abortion rights in 2024.

By the end of that year, after the Missouri Supreme Court rejected a last-minute effort by Republican lawmakers and anti-abortion activists to keep the abortion measure off the ballot, Senate President Pro Tem Cindy O’Laughlin was calling to repeal the Missouri Plan. She proposed replacing the system for selecting Supreme Court and appellate judges with a nonpartisan election. But her bill stalled in committee.

Then came Hoskins. The former state representative and senator from west-central Missouri took office as secretary of state in January 2025 and brought a more combative approach to overseeing elections and ballot measures. Hoskins made a bright-red sport coat his sartorial trademark, often posing with a wood baseball bat and speaking about politics as a series of battles and himself as a conservative warrior.

Hoskins didn’t respond to questions sent to his office. He has previously said that he disagreed with any suggestion that he and Republican leaders were defying the will of voters. He hasn’t publicly called for changing how Missouri selects Supreme Court judges, but his office’s official X social media account reposted Smith’s message calling for the end of the Missouri Plan.

Gov. Mike Kehoe also complained, saying in a post on X that “unelected judges” have shown a “lack of respect for the legislative process.” On a radio show the next day, Kehoe acknowledged that changing how judges are selected hadn’t even been on his radar before the ruling.

“But I think it’s definitely something a lot of people are going to start asking about,” he said. “And I’m not sure the judges across our state, whether Supreme Court or other judges, really wanted that on people’s radar screen.”

Kehoe’s office said it would not respond to questions from ProPublica.

Although some Republicans have derided the state Supreme Court as being a bastion of liberal activists, five of the Supreme Court’s seven judges were appointed by Republican governors. Among them is Powell, whom the then-chair of the state GOP hailed as a “good conservative” before Republican Gov. Eric Greitens selected him in 2017.

Powell, who also serves as chair of the judicial selection commission, declined to comment for this story. In remarks on Sept. 17 to the joint annual meeting of the Missouri Bar and the Judicial Conference of Missouri, he warned of “threats from those who seek to detract from the ideals of our republic and to undermine faith in our sacred institutions — including our legal profession and our courts.”

“It is incumbent on all of us as lawyers and judges to rise up and defend our constitutions and the rule of law,” he added.

Whether there’s enough support to repeal the Missouri Plan remains to be seen. Peverill Squire, a professor emeritus of political science at the University of Missouri, said some of the bills that would eliminate the Missouri Plan might go to committee hearings, “but my guess is there probably won’t be enough appetite among enough Republicans to really want to put it on the ballot.”

Any change would ultimately have to be approved by the voters, something Loy acknowledged could be difficult after Republicans’ recent losses at the ballot box.

But the renewed calls have also mobilized the system’s longtime defenders. Ed Dowd, a former U.S. attorney who for two decades has helped lead the Citizens for Missouri Courts, a campaign that advocates for preserving the Missouri Plan, said the group has historically become most active when the system is under threat.

Dowd’s St. Louis-based firm, Dowd Bennett, recently contributed $100,000 to the campaign.

“It’s something that we take very, very seriously and don’t want to take any chances on losing something that we have that works so well,” he said.