Could a federal lawsuit rescue Kansas Supreme Court?

Gov. Brownback
Gov. Brownback

A bill signed by Kansas Gov. Sam Brownback that “linked funding for the judiciary to the outcome of a Kansas Supreme Court case” as reported in Above the Law, continues to spark controversy. Now an analysis in Slate suggests that the Kansas Supreme Court may be able to strike back.

“He (Brownback) has forgotten one escape hatch against autocracy: the United States Constitution,” reported Slate. According to the analysis, the Kansas Supreme Court can sue Brownback under the so-called Guarantee Clause, an obscure provision of the Constitution.

Coverage of the crisis in Kansas has been overwhelmingly negative. “Brownback only wants to pay the courts if they render the decision that he wants,” said Above the Law; while The Aspen Times accused Brownback and his “cohorts” of using their position to “undermine the constitutionally backed independence of judiciary, in order to pack state courts with judges who agree with him.” It also said it was a “subtle political coup in the making.” The LA Times described the situation as “what can only be seen as attempted extortion,” and Slate  stated that Brownback was trying to “threaten it (the Kansas Judiciary) with total destruction.”

Cecilia Yanez

Justice at Stake intern