March 25, 2005

Does Kansas Supreme Court Reflect Kansas Political Values?
4 Democrats Vs 3 Republicans

What is the political breakdown of the Kansas Supreme Court?

Kansas Supreme Court Justices

Standing left to right: 
Robert L. Gernon, Lawton R. Nuss, Marla J. Luckert,  Carol A. Beier

Seated left to right: 
Donald L. Allegrucci, Kay McFarland, Robert E. Davis

Did the 30% overrepresentation of Democrats on the Kansas Supreme Court happen only by accident?

Source:  Kansas Voter Registration Database from Kansas Secretary of State, March 1, 2005.

Kansas Political News, Jan 13, 2005:

Kansas Supreme Court Abandons Legal Principles

Chief Justice McFarland noted in her dissent:

"There has been no change in relevant constitutional law as expressed by the United States Supreme Court. The only change has been the composition of the Kansas Supreme Court occasioned by the retirements of Justices Larson, Six, Lockett, and Abbott. While fidelity to the doctrine of stare decisis is not an "inexorable command," we should be highly skeptical of reversing an earlier decision where nothing has changed except the composition of the court."


Kansas Attorney General Phill Kline responded to the court's flip-flop saying:

"The Constitution may be a living and breathing document, but it should not take on the life of a chameleon. We need certainty in court decisions, and this reversal of a previous decision only three years earlier -- simply because the names and faces have changed on the court -- has caused serious concerns."

The KS Supreme Court's willingness to ignore previously settled law and take an activist role foreshadowed the school finance case in which the justices have all but taken over the state's school system.

Associated Press, Dec 27, 2004

Kansas Supreme Court looks less predictable after ruling

By JOHN HANNA

AP Political Writer

TOPEKA (AP) -- By striking down the state's capital punishment law, the Kansas Supreme Court has drawn the attention of Republican legislators worried that changes in the court's membership have saddled the state with an activist court. ...

Some legislators already are wondering whether the capital punishment ruling signals a philosophical shift on the court. Such a shift could have implications for other cases, particularly a pending lawsuit challenging the constitutionality of how the state finances its public schools. ...

Of course, the court's majority argued that it wasn't taking an activist position but leaving the job of rewriting an unconstitutional statute to legislators. Three years ago, the majority said, the court ''encroached upon the power of the Legislature.''

Kansas Meadowlark
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