The debate over how state Supreme Court justices should be selected has reached Kansas, where voters are set to decide whether to move from a gubernatorial appointment system to elections. This change is driven by conservative frustration over contentious court rulings on key issues such as abortion, school funding, and the death penalty.
Should the constitutional amendment pass, proponents anticipate electing a majority of conservative justices to the seven-member court within a decade.
The Push for Change Amid Partisan Concerns
Kansas’ consideration of this judicial selection shift comes at a time when judicial elections in other states have grown both costly and politically charged. In Wisconsin, spending on a single state Supreme Court race recently surpassed $100 million, raising questions about the impact of such elections on judicial independence.
Governor Laura Kelly, a Democrat nearing the end of her term, has voiced her opposition to the amendment, citing concerns about gerrymandering and the influence of undisclosed campaign funding. She stated, “To think you can make the judicial branch a part of that dysfunctional system is frightening.”
Republican Discontent with Court Rulings
Republican lawmakers in Kansas have pointed to various court decisions over the past two decades as reasons to change the selection process. A recent district court ruling reinstating a grace period for mail ballots, which GOP legislators had removed, was deemed “outrageous” by Kansas Senate President Ty Masterson. He urged voters to support the amendment.
Additionally, the same judge blocked a law prohibiting gender-affirming care for minors, prompting Masterson to label him as “radical.”
Longstanding disputes over education funding, dating back to 2004, have also fueled Republican dissatisfaction. Court mandates required increased funding to meet constitutional standards. “If we elect our Supreme Court, they won’t force you to spend money on schools,” Masterson remarked to a conservative group in November, as reported by the Marion County Record.
Abortion: A Central Issue
The idea of electing justices gained traction among Republicans following a 2022 vote affirming a 2019 state Supreme Court decision that protected abortion rights under Kansas’ bill of rights, with spending on both sides surpassing $12 million.
Prominent figures like Attorney General Kris Kobach have argued that electing justices could gradually seat anti-abortion members on the bench. The vote-yes campaign has seen significant financial backing, including $1.7 million from a Nashville-based nonprofit supporting Republican causes.
“Kansans can bring an end to this reign of abortion by voting ‘yes,’” stated Troy Newman, president of Operation Rescue.
In contrast, the vote-no campaign, supported by Planned Parenthood affiliates, has amassed over $8 million in spending. Activists like Jamie Swan, who campaigned for abortion rights in 2022, continue to oppose the amendment, describing it as “just a power grab.”
Judicial Selection: A Historical Context
Currently, Kansas justices are appointed by the governor from a list of nominees selected by an attorney-led commission, with no legislative involvement. The state elected justices for nearly a century before adopting the current system in 1958.
State Sen. Mike Thompson, a supporter of the amendment, argues that removing the appointment system would reduce judicial accountability issues. “We don’t have a good way to fight back,” he said.
