Kansas Supreme Court Election Reversal Could Lead to Repeal of Abortion Rights

Kansans are voting Tuesday on a referendum that would replace the nonpartisan merit selection of state supreme court justices with direct partisan elections, a fight critics say could affect abortion rights and judicial independence, Vox reported.

Under the current Kansas system, a nine-member commission submits a list of candidates to the governor when a court seat opens, and the governor selects a replacement. Supporters say the change would make judges more accountable to voters, while opponents say the effort is mainly about restricting abortion rights.

The Kansas Supreme Court recognized a right to abortion in the state constitution in 2019. Kansas voters rejected a Republican-backed proposal to overturn that ruling in 2022, preserving abortion rights by a 59-41 margin after the Dobbs decision.

Vox cited then-state attorney general Republican candidate Kris Kobach as saying in 2022 that one proposal was “allowing people to popularly elect justices to the supreme court.” Kobach told the New York Times in 2026, “There is a real desire to bring back some accountability to the judiciary,” adding, “It’s not just about abortion.”

Michael Milov-Cordoba, counsel in the Brennan Center for Justice’s judiciary program, told Vox that state legislators are increasingly trying to undermine courts, and that “changing how judges are selected is top of the list.” Deirdre Schifeling of the ACLU said partisan courts would become “just like any other election fight,” while Vox reported that more than $12 million has been spent on the Kansas referendum, including about $5 million from the ACLU.