Advisory Opinions Third Time’s the Charm?
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Sep 24, 2026 Missouri’s redistricting fight returns to the Supreme Court, raising thorny questions about timing, standing, and constitutional remedies. Sarah Isgur and David French explore how India’s relaxed standing rules contributed to judicial gridlock, revisit the limits of federal marijuana protections, and debate whether school murals count as government speech. They also weigh congressional dysfunction and the case against expanding the Supreme Court.
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The Eighth Circuit Underweighted Missouri’s Delay
- The Eighth Circuit treated changing maps after the primary as disenfranchisement because voters nominated candidates under a different district configuration.
- David French argued the court underweighted the Secretary of State’s deliberate decision to proceed despite warnings about the referendum.
Missouri Voters Cast Ballots Into Uncertainty
- Challengers argued that switching maps would alter their districts after the primary, while opponents noted ballots had already gone to overseas voters.
- The referendum leader even voted early under the 2022 map, potentially forcing officials to address duplicate or discarded ballots.
The Supreme Court Could Avoid Missouri’s Biggest Mess
- The hosts predicted the Supreme Court would leave the 2022 map in place without reaching the deeper constitutional dispute.
- Their reasoning relied on the Court’s explicit language keeping the old map operative until it disposes of the certiorari petition.
