Kansas voters will soon determine whether state Supreme Court justices should be elected rather than appointed by the governor. This proposal has emerged from conservatives displeased with court rulings on controversial issues like abortion, school funding, and the death penalty. If approved, the amendment could allow conservatives to elect four anti-abortion justices to the seven-member court by 2033.
The debate arises as judicial elections in some states become more contentious and costly, potentially affecting the courts’ impartiality. For example, spending on a Wisconsin Supreme Court race last year exceeded $100 million.
Governor Laura Kelly, a Democrat opposed to the measure, cites gerrymandering and dark money as already damaging the state legislature. She warns against extending these complications to the judicial branch.
Republican Concerns Over Court Rulings
Republican lawmakers in Kansas argue for the change, citing numerous court rulings over the last twenty years. A recent district court decision reinstated a three-day grace period for mail ballots, previously eliminated by GOP lawmakers. Kansas Senate President Ty Masterson labeled this decision as “outrageous” and has been vocal in supporting the amendment.
Another contentious ruling involved a judge, considered for a Supreme Court vacancy, blocking the enforcement of a 2025 law banning gender-affirming care for minors. Masterson critiqued the judge as “radical.” Education funding rulings since 2004, which mandated increased state spending, also face criticism.
Abortion as a Central Issue
The push for electing justices gained momentum among Republicans after a 2022 public vote supported the court’s 2019 decision affirming abortion rights under the state’s bill of rights. Conservative initiatives have attracted significant financial contributions, with Nashville-based donations reaching $1.7 million toward promoting the amendment.
Conversely, Planned Parenthood and its affiliates have contributed over $1.6 million to oppose the proposal, calling it a “power grab,” according to Jamie Swan, an abortion rights advocate.
Judicial Appointment Process in Kansas
Currently, Kansas justices are appointed by the governor from a list provided by a commission of attorneys, with no legislative involvement. Opponents fear that electing justices would place undue donor influence over the judiciary.
Historically, 22 states elect their top judges, with eight conducting partisan races. In 26 states, governors appoint justices, while South Carolina and Virginia allow legislators to make the appointments.
Kansas initially elected its justices until a 1958 amendment changed the process. Comparatively, Mississippi was the last state to adopt a similar amendment in 1914. Eighteen states have since moved in the opposite direction.
Every six years, Kansas voters decide if a justice retains their position via a yes-or-no ballot. However, no sitting justice has been removed this way, leading conservatives to argue for stronger accountability measures.
In recent years, the term-limited Governor Kelly has appointed four justices following retirements and deaths, including a judge who blocked enforcement of certain abortion restrictions in 2023.
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