Kansas
Kansas’ highest court is the Kansas Supreme Court. The court has six justices and one chief justice, who is the member of the court with the most seniority. (Source: Kansas Supreme Court)
Judicial Selection
The governor appoints Kansas Supreme Court justices from a list provided by a judicial nominating commission. After at least one year on the court, the justice may stand for a six-year term in an unopposed yes/no retention vote in Kansas’s next general election. Justices may stand for additional terms in the same retention process. The governor fills an interim vacancy by appointing a candidate from a list provided by a judicial nominating commission. There are no term limits, however, a justice may not be appointed or reelected after age 75.
State Constitution
Kansas’s first and only constitution was adopted in 1859. As of January 1, 2024, it had 100 amendments. (Source: John Dinan, 2024)
Filters
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.