Kansas Voters to Decide Whether to Elect Supreme Court Justices

Kansas voters will cast ballots on Tuesday on a constitutional amendment that would replace the current merit-selection system with direct elections for the seven-member state Supreme Court. If approved, the amendment would allow the electorate to choose justices, potentially shifting the court’s composition toward conservative, anti-abortion members by 2033.

Associated Press

Since 1977 Kansas has used the “Missouri Plan,” in which a commission of lawyers and lay members screens candidates and the governor appoints one of three finalists. Republicans in the legislature have long criticized the court for rulings on abortion, school funding, the death penalty and gender-affirming care, arguing the bench is “legislating from the bench.” A 2022 public vote upheld the court’s 2019 decision that the state constitution guarantees bodily autonomy and abortion access, intensifying GOP calls for reform.

Politico

Total spending on the referendum has exceeded $12 million, with contributions from both sides. The vote-yes campaign’s largest donor, a Nashville-based nonprofit supporting Republican candidates, contributed $1.7 million of the $3.7 million spent by that side. Kansans for Life, the state’s leading anti-abortion group, has spent at least $87 000 on mailers and texts in the final 11 days. Opponents, including the ACLU and the Koch-backed Americans for Prosperity, have matched the spending level.

Associated Press

GOP Kansas Attorney General Kris Kobach argued that politics already influence judicial decisions and that “the people” should have a say in selecting justices. Senate President Ty Masterson warned that the court’s recent rulings force legislators to spend money on schools and urged a “yes” vote. Governor Laura Kelly, a term-limited Democrat, called the amendment “frightening,” saying it would tie the judiciary to a partisan system. Deirdre Schifeling, chief political and advocacy officer of the ACLU, warned that Kansas could become a model for other states, eroding judicial independence nationwide.

Associated PressPolitico

• “If we elect our Supreme Court, they won’t force you to spend money on schools,” — Ty Masterson, kansas senate president

Associated Press

• “Anyone who observes the U.S. Supreme Court or state supreme courts and pretends that there aren’t political inclinations and political factors going into the judges’ calculations on close cases is deceiving themselves,” — GOP Kansas AGKris Kobach, attorney

Politico