An Indiana lawyer has filed a federal lawsuit on behalf of four Kansans, trying to block the filling of a current opening on the Kansas Supreme Court.
The suit seeks to change the way the Kansas Constitution allows the appointment of justices to the state's Supreme Court.
Attorney James Bopp, the lead counsel on the case, also worked on a case which this year resulted in the U.S. Supreme Court overturning controls on campaign financing for corporations.
The suit seeks a federal restraining order to prevent a nominating commission from filling the vacancy on the Kansas Supreme Court left by the recent retirement and death of Chief Justice Robert Davis.
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A nominating committee, consisting of nine lawyers and laypeople, interviews applicants and recommends three names to the governor for final appointment. The lawsuit is asking a federal judge to prohibit the nominating committee from being involved in the process.
The lawsuit contends that because most people on the nominating committee are lawyers, it limits the right of voters to be involved in the process of selecting judges to the state's highest court.
Justices and judges in Kansas are required to be attorneys.
"The Nominating Commission fully intends to proceed with identifying nominees to fill the current vacancy on the court absent a court order to the contrary," said Ron Keefover, spokesman for the Kansas Judicial Center. "It is important that the vacancy be filled expeditiously so that the Supreme Court can stay current with its caseload."
The case has been assigned in Wichita to U.S. District Judge Monti Belot.
Supreme Court Nominating Lawsuit
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