Kansas Voters to Decide on Electing State Supreme Court Justices

Kansas voters will soon make a crucial decision about the election of state Supreme Court justices. Currently, the governor appoints members of the seven-person court. Some conservatives, unhappy with court decisions on abortion, school funding, and the death penalty, want voters to elect justices directly.

If the amendment passes, supporters aim to elect four conservative justices by 2033. Concerns exist over increasingly contentious judicial elections. Wisconsin’s Supreme Court race last year saw spending exceed $100 million, leading to fears of courts becoming more partisan.

Governor’s Opposition

Kansas Governor Laura Kelly, a term-limited Democrat, opposes the proposal. She criticizes gerrymandering and dark money in the legislature, arguing that involving the judiciary in such a system is dangerous.

Republicans question several court rulings, including a recent decision reinstating a three-day grace period for mail ballots. Kansas Senate President Ty Masterson expressed frustration over these rulings and encouraged voting in favor of electing justices.

Contentious Issues

Electing state Supreme Court justices gained traction after a 2022 public vote affirmed the court’s guarantee of bodily autonomy and abortion access. Spending in this debate has exceeded $12 million, with donors split between supporting or opposing the amendment.

Attorney General Kris Kobach advocated for electing anti-abortion justices, suggesting it would gradually reshape the court. Campaign funds largely come from groups favoring Republican candidates and causes.

Arguments Over Influence

Supporters dismiss concerns about wealthy donors controlling the court. Elizabeth Patton from Americans for Prosperity argues democracy, despite its flaws, is the best system. Historically, most states elect their judges, but the trend has shifted towards gubernatorial appointments.

Kansas last elected justices before a 1958 amendment changed to gubernatorial appointments. A commission nominates finalists, and legislators have no input. Justice retention votes occur every six years, but no sitting justice has been removed.

Conservatives argue justices face no consequences for controversial rulings. Governor Kelly has appointed four current justices, drawing criticism from those favoring stricter abortion laws.