Democratic Gov. Laura Kelly of Kansas has selected a liberal pick to replace an outgoing Republican appointee on the Kansas Supreme Court, increasing Democrats’ influence on the red state’s highest judicial body — and potentially kneecapping Republican ambitions to gerrymander the state further.
According to Judicial Hub, Kelly, who is termed out of office as of next year, “selected Chris Jayaram, a Johnson County District Court judge. Jayaram is viewed as the more ‘liberal’ candidate out of the 3 finalists … [and] would make it Kelly’s fifth to the Supreme Court since she was sworn into office in 2019.”
Jayaram would replace retired Justice Marla Luckert, who was appointed by Republican Gov. Bill Graves. It would mean six of the seven justices are Democratic appointees.
“Kansans deserve justices who approach every case without fear or favor. Kansans deserve justices who follow the law — not politics, public opinion or personal preference,” Kelly said in her announcement.
While Democrats already hold a majority on the court, this change could potentially allow the court to revisit its 2022 ruling that state courts don’t have the power to overturn partisan gerrymanders where district lines are drawn to favor the governing party — a ruling that mirrors federal decisions by the U.S. Supreme Court.
That could have consequences not just for the existing map, which has been challenged as a gerrymander itself, but could tie the hands of the GOP legislature if they and a future Republican governor try to redraw the state’s congressional districts to eliminate the Democratic-leaning seat centered in Kansas City and its suburbs.
Republicans explored the idea of doing this earlier this year in response to President Donald Trump’s demands for Republicans to draw themselves extra House seats, but abandoned the idea as it became clear they didn’t have the power to force Kelly to call a special session.
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