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The Missouri Supreme Court upheld a governor’s power to call lawmakers into a special session at any time.
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The Missouri Supreme Court issued a unanimous decision just hours after oral arguments in a case challenging Gov. Mike Kehoe’s authority to call a special session.
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The Missouri Constitution grants the governor authority to convene the General Assembly on “extraordinary occasions,” and the court ruled this power is not limited in any way.
Mary Russell, Judge
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Judge Mary Russell wrote that the Missouri Constitution does not include language suggesting the governor’s discretion to call an extraordinary session is limited in any way.
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The NAACP of Missouri filed a lawsuit challenging Gov. Mike Kehoe’s authority to call a special session on the day lawmakers began meeting in September to consider congressional redistricting and changes to initiative petition requirements.
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Gov. Mike Kehoe called the special session at the urging of President Donald Trump, who wanted to flip a Democratic-held congressional district in Missouri.
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Cole County Circuit Judge Christopher Limbaugh ruled against the NAACP’s challenge in February, leading to the Missouri Supreme Court hearing the case.
Sharon Jones, attorney
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Sharon Jones, an attorney representing the NAACP, argued that nothing in 2025 met the definition of “extraordinary occasions” justifying a special session.
Sharon Jones, attorney
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Sharon Jones said limiting the governor’s power is necessary because otherwise “the governor could call the General Assembly into session at any time for no reason.”
Joe Kiernan, attorney
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Joe Kiernan of the attorney general’s office argued that the NAACP’s challenge was based on a political disagreement and constituted a nonjusticiable political question.
Joe Kiernan, attorney
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Joe Kiernan said, “What they are not entitled to is to repackage those objections into a case asking this court to rewrite the Missouri Constitution.”
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The Missouri Supreme Court’s decision did not address whether the court should have heard the case, as it resolved the matter based on the governor’s constitutional authority.
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Judge Mary Russell wrote that the Missouri Constitution does not specify a method for determining whether an occasion is sufficiently unusual to justify a special session.
Catherine Hanaway, Attorney General
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Attorney General Catherine Hanaway said the Missouri Supreme Court’s decision is a victory for supporters of the new congressional map.
Catherine Hanaway, Attorney General
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Catherine Hanaway said, “The Supreme Court unanimously ruled, almost immediately, that Governor Kehoe acted within his constitutional authority when he convened the special session which passed the Missouri FIRST Map.”
Sharon Jones, attorney
Relevance: supporting · Type: quote
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Sharon Jones stated that the question of whether there are limits on the governor’s discretion to call a special session had never been litigated before.
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Sharon Jones noted that prior to about 2005, special sessions were called for specific circumstances like disaster relief after the 1993 flood or compliance with new federal laws.
Sharon Jones, attorney
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Sharon Jones argued that the legislation passed in the September 2025 special session was neither new nor urgent.
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Sharon Jones pointed out that there was no attempt to alter the congressional map during the 2025 regular legislative session.
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Sharon Jones noted that Republicans had tried for at least 16 years to pass changes to the initiative petition process without success.
Sharon Jones, attorney
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Sharon Jones argued, “This is not a political question. It is clearly a matter of constitutional interpretation.”
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Sharon Jones sought to have both the redistricting bill and the initiative petition changes declared void, which would revert the August 4 primary to the previous map and remove Amendment 4 from the ballot.
Joe Kiernan, attorney
Relevance: supporting · Type: quote
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Joe Kiernan argued that if the courts ruled for the NAACP, judges should allow elections under the new map and direct lawmakers to revise it next year.
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