Missouri senators criticize court ruling on SB 22, call for checks on judiciary

Missouri Senate · January 28, 2026

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Summary

Multiple state senators used floor time to condemn a court decision that struck down Senate Bill 22, arguing the judiciary has overstepped its role and urging legislative action to restore separation-of-powers checks; no formal legislation was adopted during the session.

Several Missouri senators used floor announcements during the Senate session to criticize recent judicial rulings, focusing on a decision that struck down Senate Bill 22 and on broader concerns about what they described as judicial overreach.

Senator from Cass opened the series of remarks, saying a court "does not have the right or the capability to legislate from the bench" and criticized the court for having "thrown the entire bill ... in its entirety" after it reached the Supreme Court. He argued that the court had rewritten ballot language and usurped the legislature's authority, calling for steps to restore what he described as appropriate checks and balances.

Other senators echoed those concerns across multiple floor statements, invoking the Missouri State Constitution, Article 3, and Federalist No. 78 to stress the separation of powers. One senator warned that court rulings on initiatives such as Medicaid expansion and other ballot measures had budgetary and policy consequences for the legislature.

Senators proposed that courts should exercise restraint and that, where possible, courts could apply severability to remove problematic provisions rather than invalidating entire laws. Speakers cited SB 22 specifically as an example of a law they contend the courts improperly altered or struck down and urged colleagues to consider legislative responses to what they described as judicial encroachment.

No bills or amendments to change judicial review procedures were offered on the floor during this session; the statements were floor remarks and member announcements rather than motions or votes. The Senate moved from these announcements back into routine business after the remarks concluded.