Missouri Supreme Court Chief Justice warns GOP against running out the clock on redistricting referendum

By Jen Rice

Missouri Supreme Court Justices Kelly Broniec, Robin Ransom, Brent Powell, Mary Russell, Zel Fischer, Paul Wilson and Ginger Gooch take the bench, Sept. 10, 2024. (Robert Cohen/St. Louis Post-Dispatch via AP, Pool)

Missouri’s Supreme Court is already eyeing legal challenges to the state’s citizen-led redistricting referendum case – even before the first judge has had a chance to rule – warning lower courts not to dawdle.

State Supreme Court Chief Justice W. Brent Powell in a Monday letter warned Circuit Court Judge Daniel Green — who, at least for now, has been assigned to the case — that the law requires the case “be advanced…and heard and decided…as quickly as possible.” 

“This directive is imperative given the rapidly approaching November election and potential statutory deadlines for any modifications to the ballot,” Powell went on, adding that the matter must be handled “expeditiously” to leave sufficient time for the appeals process. 

Missouri voters have fought for nearly a year to put a GOP congressional gerrymander to a statewide referendum vote. Republicans have responded with delays and roadblocks at every turn, culminating in Secretary of State Denny Hoskins’ (R) decision to reject the measure from going to voters. People Not Politicians, the group leading the referendum effort, immediately sued, asking the courts to reverse his decision and place the measure on the ballot.

With less than a month left before the final deadline for courts to order changes to the ballot, the GOP is still leaning on its arsenal of delay tactics. Last week, Hoskins’ office requested that a different judge be assigned to the case, forcing cancellation of a scheduled hearing. The Republican National Committee has moved to intervene in the case, as well, possibly setting the stage for another change of judge to further delay proceedings.

People Not Politicians, for its part, said in a statement that the Missouri Supreme Court will have the final say in the matter, after the case works its way through the Cole County circuit court and the Western District Court of Appeals. 

Despite Powell’s urging to handle the case with speed, the Missouri Supreme Court has not signaled much willingness to protect voters’ right to hold a referendum on the map. 

In May, the state’s highest court unanimously ruled against suspending the new gerrymander until after voters could hold a referendum vote — a ruling that came out less than six hours after justices heard oral arguments in the case.