Governor Kelly Sues Attorney General Kobach in Kansas Supreme Court to Protect Governor’s Constitutional Authority
Topeka–Governor Laura Kelly filed a lawsuit against Attorney General Kris Kobach in the Kansas Supreme Court to protect the State of Kansas and the constitutional powers of the Office of the Governor. The lawsuit is necessary due to Attorney General Kobach’s failure to defend Kansans against the Trump Administration’s unlawful federal overreach, despite repeated requests from Governor Kelly to do so.
“Time and again, Attorney General Kobach’s blatant partisanship is on display, harming and embarrassing Kansas,” Governor Laura Kelly said. “While he was quick to sue the previous presidential administration, alleging he would protect Kansans from federal overreach, he has not once followed through on that claim now that the Trump Administration has repeatedly done just that. Not only has the Attorney General’s willful ignorance undermined my administration’s efforts to protect Kansans, but it has also cost our state millions of dollars for essential programs and services. If the Attorney General refuses to stand up for Kansas, at least Kansans can rest assured knowing that I will.”
The Attorney General’s refusal to stand up for the State of Kansas has prompted Governor Kelly to join two recent federal lawsuits. The most recent being the lawsuit against the United States Department of Agriculture (USDA) seeking release of congressionally approved emergency funds for the Supplemental Nutrition Assistance Program, which provides food assistance to nearly 188,000 Kansans. November benefits for this program are not expected to be available due to the ongoing federal government shutdown. This unprecedented choice made by the Trump Administration and Congress will have dire consequences for the health and well-being of millions across the country, who rely on the program to feed themselves and their families. More information about this lawsuit can be found here.
In August, Governor Kelly also joined a lawsuit seeking to prevent the Trump Administration from unlawfully terminating congressionally approved funds for several public health and safety programs including testing for lead in schools and child care facilities, environmental cleanup, ensuring the safety of dams, and financing to improve drinking water safety. More information about this lawsuit can be found here.
In September, Attorney General Kobach filed suit against Governor Kelly and the Kansas Department for Children and Families (DCF) asking the court to force the Governor and DCF to turn over the personal information of thousands of Kansans in response to an unlawful federal request. Governor Kelly and DCF successfully dismissed Attorney General Kobach’s egregious attempt to compromise the privacy of thousands of Kansans.
Attorney General Kobach has previously incorrectly asserted that he alone controls litigation on behalf of the State of Kansas. The Kansas Constitution makes clear that the governor is the ‘supreme executive’ of the state, meaning that Governor Kelly has the constitutional authority to control the decisions of the executive branch.
The lawsuit Governor Kelly filed today asks the Kansas Supreme Court for an order in quo warranto against the Attorney General to prevent him from intruding on the Governor’s ‘supreme executive’ power as the head of the executive branch so she can continue to defend Kansans without interference from Attorney General Kobach.
A copy of the lawsuit’s petition can be found here and a copy of the memorandum in support can be found here.