Who is pushing the constitutional amendment to change Kansas Supreme Court judicial selection?

The Kansas Supreme Court building includes both a statue of justice and an inspiring motto. (Tim Carpenter/Kansas Reflector)

On Aug. 4, Kansans will again vote on another proposed state constitutional amendment.

This time, we will vote whether to change the way in which we select our Kansas Supreme Court justices — changing from a nonpartisan, merit-based process to a popular election, one that could include the usual campaigns, yard signs and fundraisers.

Such a change could have wide-ranging effects. Candidates need money to win elections, so those running likely will have to accept money from donors. Those judicial candidates then will likely have to make certain promises on the campaign trail to attract the wealthiest of donors.

When elected, those justices will make legal decisions — not necessarily based on the law and facts, but rather with those same donors and potential reelection campaigns in mind. Dark money pouring into the coffers of judicial candidates and judges could bend the scale of justice in favor of the rich.

Kansans already have a say over the high court, as our state Supreme Court justices are on the ballot every six years for retention votes.

So who is pushing this constitutional amendment? Anti-abortion groups and groups who don’t want to fund public education.

How do we know this? Because they’ve said it out loud.

In battle against abortion rights, Kansas Supreme Court is the next target

Recall the abortion amendment on which we voted in August 2022. Just four years ago, Kansans overwhelmingly voted in favor of preserving a woman’s right to abortion care. That proposed amendment was a direct response to a 2019 decision by the Kansas Supreme Court, in which justices held that our state constitution secures the right to access abortion care in Kansas.

The abortion amendment was meant to overturn that 2019 supreme court decision. Two months after the 2022 abortion amendment failed, Republican Kris Kobach floated the idea of amending our constitution to popularly elect our state Supreme Court justices.

In Kobach’s own words, reported by the Wichita Eagle back in 2022, anti-abortion judges could then be elected “slowly and quietly” to the state’s highest court. Anti-abortion groups want anti-abortion justices, and they have the money to get them elected.

Groups that oppose fully funding public education are also pushing for the amendment. Why these groups? You guessed it — because of a 2018 decision by the Kansas Supreme Court, in which the court held the state’s education funding plan was inadequate under our state constitution.

These groups don’t want the courts to weigh in on public education funding at all. Instead of supporting public education, these groups want to divert state tax dollars to private and religious schools.

As Republican gubernatorial candidate Ty Masterson told a group of Republicans in November, according to the Marion County Record: “If we elect our Supreme Court, they won’t force you to spend money on schools.”

Anti-public education groups want anti-public education justices, and they have the money to get them elected.

Both of these groups want to elect our state Supreme Court justices because they know they have the resources to get their justices of choice elected.

Come Aug. 4, the voters of Kansas will have their say.

Amii Castle is a professor at the University of Kansas, where she teaches at the law and business schools. Through its opinion section, the Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.