Judicial Independence 101

The top priority for Women for Kansas in 2026 is Voting NO on the August primary state constitutional amendment that seeks to directly elect state supreme court justices. We oppose this amendment because it undermines Judicial Independence.
This is Judicial Independence 101, a quick guide to understanding how Kansas courts work and how to spot political interference when it happens.

What Is Judicial Independence?

Judicial independence means judges decide cases based on the law and the Kansas Constitution — not political pressure, party agendas, or threats of retaliation.

In Kansas, independent courts protect:
• Constitutional rights
• Fair elections
• Equal treatment under the law
• Checks and balances on government power

Without it, courts become political tools instead of impartial arbiters.


How Kansas Currently Chooses Its Judges

Kansas uses a merit-based selection system for supreme court justices  to reduce partisanship and favoritism.

Here’s how it works:
• A nonpartisan commission evaluates applicants
• The Governor appoints from a qualified list
• Thereafter voters decide whether judges are retained

This system was designed to keep politics out of the courtroom.

Learn more directly from the Kansas courts:

https://kscourts.gov/Judges/Become-a-Judge


Why Courts Matter in Kansas

Kansas courts have played a critical role in:
• Enforcing fair school funding statewide
• Upholding the Kansas Constitution
• Protecting voter-approved rights

  • Protecting women’s bodily autonomy in health care
    • Ensuring lawmakers follow the law

    A key example is the school finance cases that required the Legislature to meet its constitutional duty to fund public education.

    Background reading:

https://klrd.gov/2024/04/23/gannon-v-state-overview-and-timeline/


How to Spot Political Interference

When reviewing legislation or political messaging, watch for:
• Attempts to give lawmakers direct control over judicial appointments
• Efforts to punish courts for unpopular rulings
• Accusations that enforcing the Constitution is “judicial activism”
• Proposals that weaken justice retention elections or court authority

Track court-related bills here:
https://www.kslegislature.gov/li/b2025_26/measures/
(Search “judicial” or “constitutional amendment”)

Why This Matters to Women for Kansas

An independent judiciary is the foundation for every other priority we care about — from equal rights and bodily autonomy to education, healthcare, and beyond.

Rights only matter if courts are independent and able to enforce them.


Stay Informed

You don’t need to be a lawyer to stay engaged:
• Follow Kansas United for Impartial Courts, an entity dedicated to educating Kansans on Voting NO on the August 2026 constitutional amendment vote: https://kuic.org/ 

Take Action

Voting NO on the August state constitutional amendment is Women for Kansas’s top priority for 2026. Attend our chapter events and watch our social media content throughout the year to learn more. Your financial support helps us inform voters about this issue as well as promoting the Vote NO cause.