Republicans want voters to elect Kansas Supreme Court justices and move court to the right

Kansas voters will decide Tuesday whether to elect state Supreme Court justices rather than have the governor appoint them (AP) — Kansas voters will decide Tuesday whether to elect state Supreme Court justices rather than have the governor appoint them, a push from conservatives who have chafed for years over court decisions they disagreed with on issues such as abortion, school funding and the death penalty. If the constitutional amendment passes, supporters hope to elect at least four conservative, anti-abortion justices to the seven-member court by 2033.

Kansas is considering the change amid concerns that increasingly contentious and expensive judicial elections in other states are making their courts more partisan and less independent. Spending in a single state Supreme Court race in Wisconsin last year topped $100 million. Laura Kelly, a term-limited Democrat who opposes the measure, said gerrymandering and dark money have put the Legislature out of step with the state and, “to think you can make the judicial branch a part of that dysfunctional system is frightening.” Republicans have a long list of rulings they question GOP lawmakers cite multiple rulings by Kansas courts over the past two decades as reasons for change.

Most recently, a district court judge earlier this month reinstated a three-day grace period for voters to return mail ballots after Election Day, which GOP lawmakers had eliminated. Kansas Senate President Ty Masterson, seeking the Republican nomination for governor, called the decision “outrageous” and urged people to vote yes on the ballot question. The same judge — a finalist to fill the most recent Supreme Court vacancy — blocked enforcement of a 2025 law banning gender-affirming care for transgender minors.

Masterson described him as “radical.” The list of rulings Republicans criticize also includes rulings on education funding back to 2004. Supreme Court decisions forced lawmakers to increase funding to comply with the state constitution. “If we elect our Supreme Court, they won’t force you to spend money on schools,” Masterson said in remarks in November to a conservative group, the Marion County Patriots for Liberty, the Marion County Record reported.

Abortion remains a key issue on both sides Electing state Supreme Court justices gained currency among Republicans after a 2022 public vote affirming the high court’s landmark 2019 decision that Kansas’ bill of rights guarantees bodily autonomy and access to abortion.