{"id":2663181,"date":"2026-09-17T08:37:58","date_gmt":"2026-09-17T12:37:58","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignhow-the-missouri-midterms-wound-up-a-constitutional-crisis\/"},"modified":"2026-09-17T08:39:45","modified_gmt":"2026-09-17T12:39:45","slug":"utm_sourcerssutm_mediumrssutm_campaignhow-the-missouri-midterms-wound-up-a-constitutional-crisis","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignhow-the-missouri-midterms-wound-up-a-constitutional-crisis\/","title":{"rendered":"How The Missouri Midterms Wound Up A Constitutional Crisis"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Futm_sourcerssutm_mediumrssutm_campaignhow-the-missouri-midterms-wound-up-a-constitutional-crisis%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2663181&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Last week, Missouri faced a constitutional crisis related to its recent congressional redistricting process. The state\u2019s governor signed a new map, the missouri First Map, favoring Republicans, prompting multiple lawsuits challenging its legality. These lawsuits included disputes over the governor\u2019s authority to call special sessions,the constitutionality of mid-decade redistricting,and allegations that the map was unconstitutionally drawn,non-compact,noncontiguous,and malapportioned. The Missouri Supreme Court Generally upheld the legitimacy of the map and rulings against the challenges.<\/p>\n<p>Concurrently, controversy arose over the referendum process meant to possibly block the new map. The courts ultimately rejected a challenge to the referendum, allowing the map\u2019s use for the 2026 primaries, which proceeded using the new map. Though, legal battles continued as courts ordered the state to freeze or revert to previous maps, leading to confusion about how elections should proceed. Federal courts ordered the use of the old map, but the Missouri Supreme Court stayed that order, creating a chaotic situation.<\/p>\n<p>This resulted in an unprecedented scenario where the candidate districts from the August 2026 primaries do not match those in the November elections,affecting voters\u2019 choices in ways that they did not anticipate. The legal disputes remain ongoing, with the federal courts reviewing the case, highlighting a highly elaborate and contentious redistricting process that has left Missouri voters in a state of confusion and uncertainty.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Last week, Missouri found itself spiraling into a constitutional crisis created by the Missouri Supreme Court, and the people of the Show-Me State deserve better. How we got to this point is a highly complicated litigation story. Almost a year ago, Gov. Mike Kehoe <a href=\"https:\/\/governor.mo.gov\/press-releases\/archive\/governor-kehoe-signs-missouri-first-map-law\" target=\"_blank\" rel=\"noreferrer noopener\">signed<\/a> into law a new congressional map, the Missouri First Map, as the state has called it, which would have created a 7-1 map in favor of Republicans as opposed to the 6-2 that was previously in effect. The lawsuits began almost immediately.<\/p>\n<h2><strong>The Map Challenges<\/strong><\/h2>\n<p>Four separate challenges were filed in September 2025. The first, <a href=\"https:\/\/law.justia.com\/cases\/missouri\/supreme-court\/2026\/sc101541.html\" target=\"_blank\" rel=\"noreferrer noopener\"><em>NAACP v. Kehoe<\/em><\/a>, argued Missouri\u2019s governor lacked the authority to call the legislature into special session to draw a new congressional map. A trial court disagreed, and in May 2026 the Missouri Supreme Court <a href=\"https:\/\/missouriindependent.com\/2026\/05\/27\/missouri-supreme-court-hears-challenge-to-governors-power-to-call-special-sessions\/\" target=\"_blank\" rel=\"noreferrer noopener\">ruled unanimously<\/a> that Gov. Kehoe had the power to call the legislature into special session.<\/p>\n<p>The second, <a href=\"https:\/\/law.justia.com\/cases\/missouri\/supreme-court\/2026\/sc101412.html\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Luther v. Hoskins<\/em><\/a>, claimed Missouri\u2019s constitution barred mid-decade redistricting. Again, a trial court disagreed and in March 2026 the Missouri Supreme Court ruled 4-3 that Missouri\u2019s constitution did not prohibit mid-decade redistricting.<\/p>\n<p>The third, <a href=\"https:\/\/statecourtreport.org\/sites\/default\/files\/2026-05\/opinion_sc101570_and_sc101572.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Wise v. Missouri<\/em><\/a><em>,<\/em> alleged that the map was drawn mid-decade in violation of the Missouri constitution, that the map was inadequately compact, and that the map was both noncontiguous and malapportioned.<\/p>\n<p>Finally, <a href=\"https:\/\/law.justia.com\/cases\/missouri\/supreme-court\/2026\/sc101570.html\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Healey v. Missouri<\/em><\/a>  also claimed Missouri\u2019s new map was unconstitutionally drawn mid-decade (echoing <em>Luther <\/em>and <em>Wise<\/em>) and that the map was not adequately compact under Missouri\u2019s constitutional compactness requirement (like <em>Wise<\/em>). The trial court consolidated <em>Healey<\/em> and <em>Wise<\/em> and found the Missouri First Map complied with the Missouri constitution. The Missouri Supreme Court <a href=\"https:\/\/themissouritimes.com\/breaking-missouri-supreme-court-upholds-states-new-congressional-map\/\" target=\"_blank\" rel=\"noreferrer noopener\">unanimously affirmed<\/a> the trial court in <em>Healey <\/em>and <em>Wise<\/em> in May 2026.<\/p>\n<h2><strong>Referendum Process<\/strong><\/h2>\n<p>There were also multiple challenges filed regarding the referendum process in Missouri, but only one of those is relevant here.<\/p>\n<p>On Dec. 23, 2025, <a href=\"https:\/\/law.justia.com\/cases\/missouri\/supreme-court\/2026\/sc101581.html\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Maggard v. Missouri<\/em><\/a>  was filed, claiming that under Missouri\u2019s referendum rules an act of the legislature is effectively paused when enough signatures are filed via the referendum in opposition to the law. The state argued this was absurd because the petitions needed to be validated first and that process could take months to complete. In fact, and this is very important, both parties and the court agreed that the secretary of state\u2019s statutory deadline to certify the petition was Aug. 4, 2026. The Supreme Court of Missouri held <a href=\"https:\/\/themissouritimes.com\/breaking-court-rejects-bid-to-freeze-congressional-map\/\" target=\"_blank\" rel=\"noreferrer noopener\">unanimously once again<\/a> that the state was correct and the challenge failed.<\/p>\n<p>The Missouri Supreme Court noted in <em>Maggard<\/em> that if the petition was certified then the Missouri First Map could be retroactively frozen but gave no guidance to the state on what map to use or not use for the 2026 primary elections scheduled for Aug. 4, 2026. In fact, <em>Maggard<\/em> did not address, let alone reject, any argument that it was too late to change any maps after this deadline.<\/p>\n<p>The Missouri First Map had survived all challenges and was used to determine party nominees for the 2026 general election.<\/p>\n<h2><strong>An Inevitable Crisis<\/strong><\/h2>\n<p>Once the Missouri Supreme Court issued its opinion in <em>Maggard<\/em>, the state was on a collision course with the current crisis. Missouri was using its new map, the Missouri First Map, for the 2026 primaries while county clerks and the secretary of state\u2019s office were simultaneously <a href=\"https:\/\/missouriindependent.com\/2026\/05\/13\/boone-county-clerk-refuses-to-update-voter-rolls-amid-uncertainty-over-missouri-map\/\" target=\"_blank\" rel=\"noreferrer noopener\">determining whether a referendum petition was sufficient<\/a> to be placed on the 2026 ballot and freeze the very same map the state was using.<\/p>\n<p>Missouri Secretary of State Denny Hoskins had followed every order, complied with every law, and met every statutory deadline. Then, on Aug. 4, 2026, the statutory deadline to do so, Hoskins found the <a href=\"https:\/\/missouriindependent.com\/2026\/08\/04\/missouri-redistricting-referendum-blocked-by-secretary-of-state-drawing-lawsuit\/\" target=\"_blank\" rel=\"noreferrer noopener\">referendum was unconstitutional<\/a> and could not be placed on the 2026 general election ballot. The primary was completed the same day. Plaintiffs sued that evening (<em>von Glahn v. Hoskins<\/em>) and lost at the trial court more than two weeks after the completion of the 2026 primary election.<\/p>\n<p>The Missouri Supreme Court expedited an appeal two weeks later and ruled on Sept. 3 \u2014 two months before the 2026 general election \u2014 that the Missouri First Map was <a href=\"https:\/\/missouriindependent.com\/2026\/09\/03\/missouri-supreme-court-blocks-gerrymandered-congressional-map-orders-referendum-vote\/\" target=\"_blank\" rel=\"noreferrer noopener\">frozen pending a vote<\/a> of the people in November but issued no guidance on how the secretary of state should handle party nominees, new primary nominations, and compliance with federal law. The Missouri Supreme Court told Hoskins to use the old maps without any guidance on how to ensure voters who cast ballots in the primary were not disenfranchised.<\/p>\n<p>The state sought reversal from Supreme Court Justice Brett Kavanaugh, who handles emergency matters arising from the Eighth Circuit, so the state could use the Missouri First Map for 2026. Last week, Justice Kavanaugh <a href=\"https:\/\/www.nbcnews.com\/politics\/supreme-court\/supreme-court-blocks-missouris-attempt-use-newly-drawn-republican-cong-rcna596857\" target=\"_blank\" rel=\"noreferrer noopener\">rejected<\/a> the petition without issuing any reasoning. The Missouri First Map appeared dead.<\/p>\n<p>Then, just minutes after Justice Kavanaugh\u2019s order, Judge Stephen Clark of the Eastern District of Missouri <a href=\"https:\/\/www.kq2.com\/news\/2026\/09\/09\/federal-court-in-missouri-orders-old-congressional-map-on-hold-directs-use-of-2025-districts\/\" target=\"_blank\" rel=\"noreferrer noopener\">issued an order<\/a> in a different case finding that the state\u2019s use of any map but the Missouri First Map would violate federal law. Secretary Hoskins and Missouri election officials could either obey a state court order that prohibited the use of the Missouri First Map or a federal court order that required using it. Secretary Hoskins rightly issued guidance to follow the federal court order. This set off emergency litigation in which the Eighth Circuit, in a 3-0 decision, refused to stay Judge Clark\u2019s injunction. But the Supreme Court, in an unreasoned order, <a href=\"https:\/\/www.kmbc.com\/article\/missouri-map-scotus-grants-stay-federal-judge-tro\/73667873\" target=\"_blank\" rel=\"noreferrer noopener\">granted the stay<\/a>.<\/p>\n<p>The Missouri Supreme Court had threatened Hoskins with contempt for defying its order in <em>von Glahn<\/em>, but the supremacy clause of the United States Constitution required nothing else. This is especially true given that the Missouri Supreme Court provided no guidance to Hoskins on how to comply with its order. Ultimately, Hoskins agreed to institute the 2022 map due to the Supreme Court\u2019s stay, but the Missouri Supreme Court <a href=\"https:\/\/www.stlpr.org\/government-politics-issues\/2026-09-10\/missouri-supreme-court-contempt-hearing-hoskins-map\" target=\"_blank\" rel=\"noreferrer noopener\">found Hoskins in contempt<\/a> anyway, though it held that the contempt was purged because Hoskins ultimately followed its order.<\/p>\n<h2><strong>The Fallout<\/strong><\/h2>\n<p>This has resulted in an unprecedented situation where the candidates from the August 2026 primary have just been mapped by district number back to the 2022 map and will face <a href=\"https:\/\/fox2now.com\/news\/missouri\/what-missouri-congressional-district-will-you-vote-in-this-november\/\" target=\"_blank\" rel=\"noreferrer noopener\">different voters<\/a> in the November 2026 election than they faced when they ran in the 2026 primary.<\/p>\n<p>The battle is not completely over. The Eighth Circuit has issued an expedited briefing schedule with oral argument to be held this week. But the collision course that happened in this case was entirely of the Missouri Supreme Court\u2019s doing. It chose to issue an injunction after primaries had occurred on shaky legal grounds with no guidance on what compliance looks like. To make matters worse, it then threatened to hold Hoskins in contempt for following a federal judge\u2019s order. It remains to be seen how the case plays out, but the people of Missouri deserve better, and Judge Clark recognized as much when he enjoined the Missouri Supreme Court\u2019s remedy. <\/p>\n<p>Now, many Missouri voters will have candidate choices for the 2026 general election they did not have any opportunity to vote for or against in the 2026 primary election. A very \u201cMissouri Mess.\u201d<\/p>\n<hr>\n<p>      Abhi Kambli is a partner at Holtzman Vogel representing clients in high-stakes appellate and complex litigation, constitutional challenges, and matters involving state attorneys general and federal agencies. Kambli previously served as deputy associate attorney general at the Department of Justice, where he acted as lead counsel in high-priority matters for the Trump administration, oversaw the department\u2019s civil components on behalf of the associate attorney general, advised the White House Counsel\u2019s Office and federal agencies on litigation risk and strategy, and developed the department\u2019s <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignpeter-navarro-went-to-prison-for-less-than-faucis-contemptuous-refusal-to-talk-to-congress\/\" title=\"Navarro Went To Prison For Less Than Fauci&#039;s Bogus 5th-Pleading\">national affirmative civil litigation strategy<\/a>.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Missouri&#8217;s legal chaos over redistricting and courts<\/p>\n","protected":false},"author":4415,"featured_media":2663182,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/09\/Miss-e1789523424492.jpg","fifu_image_alt":"","footnotes":""},"categories":[33651],"tags":[50202,3728,7408,8584,5894],"class_list":["post-2663181","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-western-journal","tag-constitutional-crisis","tag-election","tag-midterms","tag-missouri","tag-politics"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/09\/Miss-e1789523424492.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2663181","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/4415"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2663181"}],"version-history":[{"count":3,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2663181\/revisions"}],"predecessor-version":[{"id":2663185,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2663181\/revisions\/2663185"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2663182"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2663181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2663181"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2663181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}