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
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
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.