Kansas Voters Crush a Measure to Elect Supreme Court Judges

Key Points:

• Kansas voters rejected a ballot measure that would have required state Supreme Court justices to be popularly elected instead of appointed by the governor, marking a setback for Republicans aiming to overturn a 2019 ruling establishing a constitutional right to abortion.
• The 2019 court decision has kept Kansas as a key abortion provider in the Midwest, despite many surrounding states banning abortion after the U.S. Supreme Court overturned Roe v. Wade.
• The Republican-controlled Legislature pushed the amendment, citing dissatisfaction with the court’s rulings on abortion and education funding, but acknowledged the primary motive was to challenge abortion rights.
• Previous efforts to amend the constitution to restrict abortion rights were also rejected by Kansas voters, including a 2022 measure that failed with 59 percent opposition shortly after Roe’s reversal.
• The vote reflects broader national tensions, as abortion and LGBTQ rights advocates increasingly rely on state supreme courts to protect rights amid a conservative U.S. Supreme Court majority, with Kansas maintaining a merit-based judicial appointment system involving a nominating commission.