Kansas Voters to Decide Whether Supreme Court Justices Are Elected

On the Aug. 4, 2026 primary, Kansas voters will decide a constitutional amendment that would replace the current appointment system for the state Supreme Court with a system in which justices are elected. The Republican-controlled legislature introduced the measure after expressing frustration with the appointed court’s rulings, particularly on abortion. If approved, the governor—who has been a Democrat and abortion-rights supporter since 2019—would no longer select justices from a list provided by a nine-member lawyer commission.

New York Times

In 2019 the Kansas Supreme Court recognized a right to abortion in the state constitution, a ruling that remained in place after Kansas voters rejected a 2022 amendment to overturn it. The court’s decision has made Kansas a regional hub for abortion services, especially after the U.S. Supreme Court’s 2022 decision ending federal constitutional protection for abortion.

New York Times

Planned Parenthood, Kansas’s largest abortion provider, reports a 700 percent surge in procedures since the federal ruling, far exceeding national trends, with roughly 75 percent of patients coming from out-of-state. Advocates and opponents alike warn that a successful amendment could spark similar campaigns in other red and purple states, targeting unelected courts that have blocked Republican efforts to restrict abortion or gender-transition treatments and threatening independent redistricting commissions.

New York Times

Republican leaders present the amendment as the most viable path to overturning the 2019 abortion ruling. Critics argue the change would politicize the judiciary and undermine judicial independence. Both sides acknowledge the measure’s broader implications for court selection nationwide.

New York Times

• “Frustrated by the appointed court’s decisions, especially on abortion, Kansas’ Republican-controlled legislature put a measure on the Aug.” — NYT article

New York Times

• “Republicans see this as their best hope to finally overturn a 2019 Kansas Supreme Court decision that recognized a right to abortion in the state’s Constitution, a decision affirmed by voters in 2022 when they declined to overturn it.” — NYT article

New York Times

• “Planned Parenthood, the state’s largest provider, says its affiliate there has seen a 700 percent increase in abortions since Roe v.” — NYT article

New York Times

• “Some 75 percent of women have come from out of state.” — NYT article

New York Times

• “Opponents and backers alike say that if the measure passes, it could inspire similar moves to elect courts in other red and purple states where nonelected supreme courts have blocked Republican efforts to ban abortion or gender transition treatments, and to abolish independent redistricting commissions.” — NYT article

New York Times