The party of small government continues to do everything they can to create big government. Now, Kansas Republicans in the state legislature want to destroy separation of powers.
Kansas Attorney General Derek Schmidt, who has ostensibly taken a basic civics course, is calling for the state Supreme Court to recuse itself from hearing an upcoming case. In other words, he wants to take away the judiciary's power to check and balance the legislature, which is bad enough in itself. One glance at the details of the case, though, and the attorney general's request looks even uglier.
The current struggle is only the latest fiasco in an ongoing battle between the Kansas Republicans and the state Supreme Court. It all sources back to a fight over state funding for education.
From Mother Jones:
The state Supreme Court has repeatedly ordered the legislature to spend more money on public education, a request that conflicts with Republicans' desire to cut taxes. In 2014, the legislature passed a bill stripping the Supreme Court of the administrative authority to appoint chief judges in Kansas' 31 judicial districts, a move Democrats saw as a power play by the legislature to intimidate the top court during the ongoing fight over school spending. Chief District Court Judge Larry Solomon challenged the constitutionality of the judicial administration law, arguing that it violates the state's separation of powers.
But the legislature doubled down. Earlier this year, it passed a judicial budget that would cut off funding for the entire Kansas court system if the courts struck down the judicial administration bill—a situation that would seize critical state functions such as criminal prosecutions, civil disputes, real estate sales, and adoptions. That led to the bizarre moment in September when a district court ruled the administrative bill unconstitutional, putting all the funding for the state courts in sudden jeopardy. The situation threatened to devolve into a judicial catch-22, in which no court could rule on the legality of the laws because those laws had defunded them. To avoid that situation, the judge put a hold on his ruling invalidating the law until the state Supreme Court could hear the case—except that the state of Kansas is now arguing that the Supreme Court shouldn't have its say.
In other words, the Republicans:
- Passed a bill that said the Supreme Court couldn't appoint district judges.
- Passed a budget that would DEFUND the entire Kansas court system if the courts struck down the first bill.
- Now claim that the judiciary should not have the right to determine the legality of the bill or budget.
And this is all because the legislature wants to intimidate and retaliate against the court because they had the nerve to insist on sufficient funding for education.
The audacity, intimidation, and complete disregard of American constitutional values aside, this move is pathetically political. Just a few years ago, the Republican legislature gave power to the (currently Republican) governor to choose appellate court judges. So naturally, Schmidt says that neither the Supreme Court nor the District Court should be able to hear the case. It can only be the Kansas Court of Appeals. Shocking.
The attorneys opposing the judicial administration bill find no merit in Schmidt's call for recusal. In a brief last week, they stated, "centuries of precedent make clear that it is the province and duty of this Court to decide cases that involve the scope of the Court’s authority, jurisdiction, and duties vis-à-vis the other branches of government."
How can Kansas Republicans call themselves the party of small government and then attempt to give themselves essentially unlimited power? Why is the party so self-righteously tethered to values constantly working to destroy American values? Like, say, foundational elements of American government like checks and balances?
Unbelievable what the Republicans are willing to sacrifice to make sure children don't get an education.
Discuss below.