ACLU of Kansas reacts to state legislature’s attempt to rewrite constitution and politicize state Supreme Court
SCR 1611 passed a vote on the House floor Wednesday afternoon
FOR IMMEDIATE RELEASE
Wednesday, March 19, 2025
CONTACT: Esmie Tseng, ACLU of Kansas, [email protected]
TOPEKA, KAN. – On Wednesday, the Kansas House passed Senate Concurrent Resolution No. 1611, a proposed constitutional amendment that, if passed by voters, would overturn the current judicial selection process for the express purpose of stripping away the constitutional rights of Kansans.
In response, Micah Kubic, ACLU of Kansas Executive Director, shared the following:
“This is a blatant attack by the legislators on our justices, and it’s part of a decades-long pattern of politicians attempting to punish the judicial branch for issuing decisions on education and reproductive freedom that they disagree with. We are confident that, just as they did in 2022, the people of Kansas will see this attack for what it is – and once again take action to defend their constitutional rights from the power grabs of extremist politicians in Topeka.
Partisan elections quickly become fights between out-of-state, big money interests. These elections become less about the voters and constituents of the state and more an opportunity for out-of-state big money interests to wage war against one another. And now, lawmakers would like our state’s highest court to be smack in the middle of that war.
For all of the grand statements from Attorney General Kris Kobach and supporters of this proposed amendment about including the voices of voters, they placed this on the ballot for next August’s primary election – when lower voter turnout is almost guaranteed.
And for all of the framing of this from proponents as being about how nominating commissions couldn't possibly ever deliver good government or good process, at the very same moment, the legislature is advancing changes that would create a nominating commission for other vacancies in state government or federal office.”
Currently, Kansas’s merit-based judicial selection process consists of a nominating commission that is a mix of non-lawyers and lawyers from geographically diverse backgrounds. The nomination process is open, with the commission’s meetings and votes fully open to the public and recorded, and then the commission arrives at three names it recommends to the governor. The governor then appoints a justice from one of the three recommendations. However, after initial appointment, justices are subject to retention elections, during which voters decide whether the justice continues in office.
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About the ACLU of Kansas: The ACLU of Kansas is the statewide affiliate of the national American Civil Liberties Union. The ACLU of Kansas is dedicated to preserving and advancing the civil rights and legal freedoms guaranteed by the United States Constitution and the Bill of Rights. For more information, visit our website at www.aclukansas.org.
