Kansas judge strikes down map but that’s not the end of the story. Here’s what to know
A Kansas judge struck down the state’s Republican-drawn congressional map on Monday, ruling that it’s a political and racial gerrymander that violates the state constitution.
It’s the latest step in a legal challenge of the map, which opponents say unfairly targets Democrats and minority voters. A trial was held earlier this month in Wyandotte County District Court.
The map divides Wyandotte County between two districts for the first time in 40 years. It also moves the Democratic-leaning college city of Lawrence out of an at-times competitive 2nd District and into the vast, rural 1st District, where Democratic candidates have little chance of winning.
Here’s what you need to know about the decision:
What the judge said
Wyandotte County District Court Judge Bill Klapper found that state courts in Kansas have the power to rule on congressional maps because, while the federal constitution has supremacy, legislatures must enact maps that abide by both the state and federal constitution.
Partisan and racial gerrymandering, Klapper wrote, violates several provisions of the state constitution including a Kansan’s right to equal protection, the right to free speech and assembly, and the right to vote.
In turn, he found that the map approved by the Legislature is an unconstitutional gerrymander.
“The Court has no difficulty finding, as a factual matter, that Ad Astra 2 is an intentional, effective pro-Republican gerrymander that systemically dilutes the votes of Democratic Kansans,” Klapper wrote.
He also wrote that the map “was motivated at least in part by an intent to dilute minority voting strength.”
Klapper, who is a Democrat, prohibited officials from carrying out elections using the new map. He also ordered the Legislature to make changes to the map to comply with his decision.
Why it’s historic
It’s the first time in Kansas history a state court has ruled against a congressional map. If the ruling is ultimately upheld by the Kansas Supreme Court, it could upend the redistricting process in future decades.
Federal courts have stopped policing political gerrymandering by states, but future lawmakers may think twice if they know their maps can be struck down under the state constitution.
What happens now
The decision is guaranteed to be appealed to the Kansas Supreme Court. While it’s unknown how the court will rule, five of the seven justices were appointed by Democratic governors.
The Supreme Court’s review is likely to occur on a highly accelerated timeline. While lawsuits can often last years, Kansas faces multiple looming election-related deadlines, including the June 1 candidate filing cutoff and the Aug. 2 primary election.
What’s the reaction
The ACLU of Kansas, which represented some of the plaintiffs, hailed the ruling. In a statement, its legal director, Sharon Brett, said Klapper saw the map for “what it was — a deliberate attempt to silence the political voices of Democratic and minority Kansans.”
“Although we know this case is not over yet, we look forward to settling this issue and securing the rights of our clients in the Kansas Supreme Court,” Brett said.
Republicans were dismissive of the decision.
“It is not surprising that a partisan Democrat judge sided with Laura Kelly’s east coast special interest groups to usurp lawfully enacted maps approved by a super majority of the people’s representatives,” House Speaker Ron Ryckman, House Speaker Pro Tem Blaine Finch and Majority Leader Dan Hawkins — all Republicans — said in a joint statement.
“We look forward to the Attorney General’s appeal of this erroneous decision.”
The Star’s Katie Bernard contributed reporting
This story was originally published April 25, 2022 at 12:54 PM with the headline "Kansas judge strikes down map but that’s not the end of the story. Here’s what to know."
