Key facts
- Kansas voters will decide Tuesday on a constitutional amendment to elect state Supreme Court justices.
- Conservatives hope to elect at least four anti-abortion justices to the seven-member court by 2033.
- GOP lawmakers cite rulings on abortion, school funding, and the death penalty as reasons for the proposed change.
- The vote-yes campaign has received significant funding from a Nashville-based nonprofit and Kansans for Life.
- Abortion rights groups, including Planned Parenthood, are major contributors to the vote-no campaign.
- Kansas previously elected its Supreme Court justices for nearly 100 years before a 1958 amendment.
Kansas voters are set to decide on a constitutional amendment that would shift the state's judicial selection process from gubernatorial appointment to popular election for Supreme Court justices. This initiative, driven by conservative Republicans, aims to reshape the court's ideological balance, particularly on issues such as abortion, school funding, and the death penalty.
Supporters of the amendment hope to elect at least four conservative, anti-abortion justices to the seven-member court by 2033. They cite numerous court rulings over the past two decades that they disagree with, including those related to education funding and recent decisions on mail-in ballot grace periods and gender-affirming care for minors. Senate President Ty Masterson has been a vocal proponent, calling a recent judicial decision "outrageous" and a judge involved "radical."
The push for elected justices has been amplified by the contentious 2022 vote that affirmed abortion access in the state. Attorney General Kris Kobach has suggested that electing justices would gradually lead to an anti-abortion majority on the court. The vote-yes campaign has received substantial funding from a Nashville-based nonprofit and the state's leading anti-abortion group, Kansans for Life. Operation Rescue's president has also urged voters to support the amendment.
Conversely, opponents, including Governor Laura Kelly, argue that the proposed change would inject partisanship and "dark money" into the judicial system, mirroring concerns about increasingly contentious and expensive judicial elections in other states. Planned Parenthood affiliates are among the significant donors to the vote-no campaign, with one supporter calling the amendment a "power grab."
Proponents dismiss concerns about donor influence, emphasizing democratic principles. Currently, 22 states elect their top court judges, with eight holding partisan races. Kansas previously elected its justices for nearly a century before amending its constitution in 1958. The current system involves the governor appointing justices from a list of finalists provided by a nominating commission, with legislators having no role. Critics argue this system lacks accountability, as voters only review sitting justices every six years through a yes-or-no ballot question, with no justice having been removed through this process.