While the 2025 Kansas Legislative Session has officially come to an end, we know that the fight to protect civil liberties in Kansas is not over. President Trump has repeatedly pledged to pursue an agenda of extreme attacks on our constitutional rights, targeting democracy, immigrants, reproductive freedom, LGBTQ+ equality, and anyone he perceived as a political opponent — and now his administration is carrying that agenda out.
Many of us are feeling overwhelmed and unsure of what to do right now — and understandably so. But we can all do one thing today, together. Take action to build local power through a Firewall for Freedom on the state level.
We have three core strategies for building resilience against fascism and anti-civil liberties policies in the Free State:
1. WIN PROACTIVE VICTORIES FOR VOTING RIGHTS AND REFORM OF THE CRIMINAL JUSTICE SYSTEM IN KEY CITIES AND COUNTIES THAT ARE SUPPORTIVE OF CIVIL LIBERTIES.
Despite the pause on our policy channels for legislative advocacy, there is still ample opportunity to take action to defend civil liberties in Kansas. Learn more about our multiple ongoing fights aimed at expanding voting rights and reforming our broken criminal legal system:
2. MOBILIZE THE MASS MOVEMENT OF KANSANS WHO OPPOSE EXTREMISM TO BLOCK STATE LEGISLATIVE ATTACKS ON OUR RIGHTS AND OUR DEMOCRACY.
Find your political home by joining our beehive volunteer program where we mobilize Kansans across the state to tap into the power of their community. We believe, in order to make a concrete impact in our communities for voting rights and criminal legal reform, we must mobilize thousands of Kansans and invite them into the movement. The Beehive is the how. Visit our Take Action page and click the Take Action link to sign up TODAY!
3. USE LEGAL ADVOCACY TO RESIST TRUMP AND KOBACH’S UNCONSTITUTIONAL POLICIES IN KANSAS.
In the first Trump administration, the ACLU filed 250 lawsuits against anti-civil liberties practices. We’re already on our way this second time around, with new lawsuits being filed constantly in response to the onslaught of attacks against our civil rights. You can stay up to date with our ongoing lawsuits against anti-civil liberties attacks in the state by visiting our Cases page.
While our legislative channels for advocacy are on pause for now, there is still the opportunity and necessity for preemptive defense building. By developing a strong firewall for freedom in our state, we will both respond to this moment in our nation’s history and create the conditions for a freer and more just Kansas.
Date
Tuesday, April 22, 2025 - 2:45pm
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Alina Matejkowski
Many Kansas voters saw they will need to prepare to vote “no” again to protect their bodily autonomy and reproductive rights. However, there are also those who have little to no knowledge of what's at stake on their 2026 ballot, and we should all be prepared to begin those conversations about rewriting our constitution.
That’s why we want to provide some guidelines for you so you can talk to your friends and family about this proposed constitutional amendment.
Similarly to how the language of the anti-abortion amendment of 2022 had many voters confused on how to vote, the same can be said here. The language of the amendment to politicize the Kansas Supreme Court is vague, but one thing is for certain: this is an attempt at pushing extreme special interests into the judiciary. One key talking point to keep in mind as you begin conversing with folks about this amendment: Keep politics out of our Courts.
- Justices and judges must be free to rule based on the law.
- The Supreme Court selection process should be outside the political arena.
- We need a Court that can make decisions fairly, regardless of the politics, to uphold the Kansas Constitution and protect our Kansas freedoms.
- Switching to partisan elections for state Supreme Court justices will not actually give power to the people; it will give power to those with the most money.
- When Ohio switched to partisan Supreme Court elections in 2022, hundreds of thousands of dollars from out-of-state special interest groups poured into Ohio to buy their preferred candidate’s success.
- We should keep special interest and dark money groups out of our judicial system.
- This amendment will replace merit-based experts with extreme politicians and special interest groups.
- We should keep the courts non-partisan and ensure experts - not politicians - make these calls.
Kris Kobach and other fellow proponents of the amendment claim it would allow for more direct elections and therefore a more accountable democracy. But we know that the door this amendment opens in the Kansas Supreme Court is not for the average Kansas voter, but dark money interests and PAC funded campaigns. This amendment would put the seats on the Kansas Supreme Court up for sale to the highest bidder. Here are some other considerations to bring up in opposition to claims that direct elections for Supreme Court Justice seats would make justices more accountable.
- The judicial branch is different from the legislative and executive branches and must be free from political influence.
- Political interference will create gridlock and harm the implementation of these critical, community programs.
- Justices must consider cases in the interest of all Kansans, not political agendas.
Supporters of politicizing our courts will be busy funding attack ads on the current makeup of the Kansas Supreme Court. Keep in mind:
- The Nominating Commission is a non-partisan group of Kansans who are both lawyers and non-lawyers and represent a geographically diverse makeup of the state. These folks represent both rural and urban communities and they have one job – to select the top three most qualified applicants for a Supreme Court vacancy and send them to the governor for a final selection.
- The current process has stood the test of time since 1958 and ensures we have qualified nominees for the Court. It came out of a huge corruption scandal when the governor, lieutenant governor, and former chief justice conspired to retain power at the end of our terms and was designed to prevent such corruption from happening again in Kansas.
- Popular elections and Senate confirmations inject politics into our Court system. The Nominating Commission has kept politics out.
It is evident that the proposed amendment we’re seeing is retaliation from Kris Kobach on the Kansas Supreme Court for not executing his personal political agenda - which is seemingly to gut public school funding and revoke abortion rights. Here are some key points of consideration when engaging in conversations about the intent behind this amendment.
- Less than three years ago, Kansans voted to make their call to protect abortion rights clear. Now, the extremists backing this amendment are trying to remake the court so they can ignore the will of the people and ban abortion without exceptions in Kansas.
- We should protect the will of Kansas voters and the right of all Kansans to make personal decisions without government getting involved.
- The extremists backing this amendment are only trying to remake the court so they can ban abortion without exceptions in Kansas.
- Attorney General Kobach gave an entire speech arguing that the court’s decision to uphold abortion protections proves a change in the system is needed, making the intentions behind this amendment clear.
- Attorney General Kobach is only trying to overhaul the court because he does not like that they don’t bend to his will. Kobach has openly stated that the makeup of the court makes it “very difficult” for him to win cases and advance his preferred policies.
The amount of misinformation in the next 14 months will be considerable. It will be up to all of us to ensure that we talk to help keep each other informed about our responsibility to show up August 2026 to stop the politicization of the Kansas Supreme Court.
Date
Thursday, April 3, 2025 - 12:00pm
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As the legislature begins to wind down over the next several weeks before the veto period, there have been fewer bills moving through the legislative process due to a targeted focus of the supermajority to accomplish their legislative agenda. Over the past two weeks, the ACLU of Kansas has focused on blocking several key bills involving voting rights and the Kansas Supreme Court. This week’s update includes an in depth analysis of several important pieces of legislation as we begin to close out the legislative session.
Judicial Selection of the Kansas Supreme Court
SCR1611: The Senate Concurrent Resolution would seek to change the way Kansas Supreme Court Justices are selected and retained.
Current Process: Currently, a nominating commission, made up of qualified lawyers and civic leaders nominate three candidates for a vacant seat on the Kansas Supreme Court, and the governor chooses one of the candidates for the appointment.
Proposed Changes: SCR1611 would eliminate the nominating commission and allow for direct partisan elections to be held for a position on the Kansas Supreme Court. This change would allow politics to infiltrate the Kansas Supreme Court. Supporters of the amendment openly admit that they want to change the process to be able to ban abortion, limit voting rights, and attack other constitutional rights.
Current Status: This amendment has passed will be placed on the ballot at the 2026 primary election.
Take Action: Start preparing yourself for the 2026 elections where we will see this constitutional amendment on the ballot. Have conversations with you neighbors and loved ones about the implications of this amendment on reproductive and civil rights.
Voting Rights
SB 4: This bill would eliminate the 3-day mail processing window, disenfranchising thousands of Kansas voters, especially voters in rural areas or who have disabilities or other limitations in movement.
Current Process: Mail-in ballots are able to arrive 3-days past election day and still be counted, as long as they were postmarked by the deadline for mail-in ballots. The 3-day window is in place to account for postal delays, or processing timing that can occur with the United Stats Postal Service, especially during high volume time periods such as election season.
Proposed Changes: SB 4 would eliminate the mail processing window, punishing Kansans who did everything they were supposed to while filling out their ballot, by throwing it out due to an uncontrollable mail delay.
Areas of Concern: Individuals who count on mail in ballots, such as elderly or disabled individuals who might not have access to transportation as well as those who are out of residence for college, or have recently moved, rely on mail-in ballots to make their voices heard. By eliminating the 3-day processing window, their votes are more likely to be thrown out due to measures beyond their control.
Current Status: SB 4 passed both the house and Senate has been presented to the Governor. The Governor has 10-days to pass it, or veto it, which would send the bill back to both chambers requiring a 2/3rd’s majority to override.
Take Action: Contact your legislator and tell them to sustain the veto on SB 4 by clicking here.
As the session begins to wind down, our focus in stopping these critical pushes against civil liberties and the best interests of Kansans. Continue to follow our legislative hub for more details and updates throughout the next couple weeks.
Date
Thursday, March 20, 2025 - 10:15am
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2025 Legislative Hub
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