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
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
Differences in Kansas and Missouri Show Importance of Initiative Process
Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
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.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”