Diabolical judicial selection amendment swept away by a righteous tsunami of Kansas ballots

Not on our watch, voters said. Not four years ago, not today.

The scope of the achievement staggered. Not only did opponents of the constitutional amendment turning justices into politicians face a forbidding political landscape, but they needed to communicate with their fellow Kansans.

Yes, proponents wanted the public to vote for justices. But they meant to pervert that process so they could ban abortion and starve public education. Stir in enough big money and ideological purity tests, and Kris Kobach’s ilk could control the state forever.

To their credit, Kansas voters listened. They asked questions. They considered the options.

And they turned out to vote for a system that has served them well — protecting the less fortunate among us — for 70 years. What’s more, they did so by a greater margin than four years ago, when voters rejected an attempt to remove the right to abortion care from the Kansas Constitution.

“So much was on the line tonight: abortion rights, voting rights, public education, workers’ rights, and the fundamental freedoms guaranteed to every Kansan,” said Micah Kubic, executive director of the American Civil Liberties Union of Kansas. “The politicians behind this amendment wanted a court they could control — a court that would do their bidding instead of following the law and the constitution.

“But Kansans from every political party and every corner of this state stood up to the money and the lies. Because no matter your politics or where you live, Kansans agree: Our courts are not for sale and our rights will not be taken away by politicians who think they know better than the people of Kansas.”

It’s amazing what voters in this state can accomplish when elections don’t include party labels.

The margin in 2022 ended up being 18 percentage points. On Tuesday evening, as of 10:30 p.m., the margin was 24 percentage points. At various points in the evening, “no” led “yes” by more than 40 points.

Back then, our headline called the result an “unexpected landslide.” That makes Aug. 4 an unexpected tsunami.

With all that being said, progressives and moderates in Kansas might should be careful what they wish for. Successive Democratic governors have shaped both the state’s Supreme Court Nominating Commission and the justices who emerged from it. A string of Republican governors could just as easily appoint members to the commission and pick justices more to their partisan taste.

In other words, if Sen. Ty Masterson ends up being elected governor for two terms, and if another Republican takes office after him, Democrats may well wish they had the ability to elect judges to the high court.

But those are concerns for another day, and for other elections.

“Today’s outcome is a reminder that every voice matters, and we’re thankful to every volunteer and every Kansan who participated in this process to protect our constitution,” said Logan Stenseng of Kansas Appleseed, one of the groups that fought the amendment. “Our democracy is strongest when citizens are informed and involved.”

For now, amendment opponents should rightly revel in their triumph over grumpy Republicans’ shameless, graceless and mendacious campaign. They knew what they had to do, and they did so without complaint, fanning out across the state.

They refused to be cowed by legislative bullies and a deluge of dark money.

They won, again. And the people of Kansas — particularly women and children — know who to thank.

Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.