The Mercury News

Kansas' top court: State constituti­on allows partisan redistrict­ing

- By John Hanna

TOPEKA, KAN. >> Kansas' top court declared Tuesday that the state constituti­on doesn't prohibit partisan gerrymande­ring, prompting one dissenting justice to accuse the majority of ignoring a “full-scale assault on democracy” from a Republican congressio­nal redistrict­ing law.

The state Supreme Court issued the opinion explaining its 4-3 decision last month to approve the new congressio­nal map. It previously issued only a brief opinion that did not explain the majority's reasons.

The new map makes it harder for the only Democrat in the Kansas congressio­nal delegation, twoterm Rep. Sharice Davids, to win reelection in her Kansas City-area district. Davids is the state's first openly lesbian and Native American woman in Congress.

Dissenting Justice Eric Rosen argued that the decision moves Kansas toward a “one-party system of government,” aids a “power grab” and authorizes “political chicanery.”

“In turning a blind eye to this full-scale assault on democracy in Kansas, the majority blithely ignores the plain language of this state's Constituti­on,” Rosen wrote.

Lawsuits over new congressio­nal maps proliferat­ed this year across the U.S., with Republican­s looking to recapture a U.S. House majority in November's midterm elections. Maps in at least 18 states inspired lawsuits, according to the nonpartisa­n Brennan Center for

Justice.

In the Kansas Supreme Court's majority opinion Tuesday, Justice Caleb Stegall said the state constituti­on's guarantee of equal legal protection for all citizens does not prohibit the Legislatur­e from considerin­g partisan factors when redrawing lines each decade to make districts as equal in population as possible. The Legislatur­e has Republican supermajor­ities and traditiona­lly has been controlled by the GOP.

Stegall also argued that unless the state Supreme Court set a “zero tolerance” standard on partisan gerrymande­ring, it has no clear standards for when it should be prohibited.

Kansas Attorney General Derek Schmidt, a Republican running for governor, praised the court's majority, saying it “declined invitation­s to substitute its redistrict­ing preference­s for those of the people's elected representa­tives.”

Kansas courts previously

had not been asked to consider whether the state constituti­on bars political gerrymande­ring. Federal judges — not the Kansas courts — have typically reviewed the state's congressio­nal boundaries, but the conservati­ve-leaning U.S. Supreme Court ruled 5-4 in 2019 that complaints about partisan gerrymande­ring are political issues and not for the federal courts to resolve.

The majority also rejected critics' claims that the new congressio­nal map represente­d racial gerrymande­ring because it split the Black and Hispanic population­s in the Kansas City areas between two districts. Stegall wrote that the aggrieved voters did not show that race was the predominan­t factor in how the lines were drawn.

The American Civil Liberties Union of Kansas, which represente­d 11 voters, said in a statement that the decision was especially harmful to minority voters who were “targeted and silenced.”

 ?? KANSAS LEGISLATIV­E RESEARCH DEPARTMENT VIA AP, FILE ?? The new Kansas congressio­nal districts by different colors, with the lines representi­ng the old boundaries. Kansas' highest court has declared that the state constituti­on does not prohibit partisan gerrymande­ring.
KANSAS LEGISLATIV­E RESEARCH DEPARTMENT VIA AP, FILE The new Kansas congressio­nal districts by different colors, with the lines representi­ng the old boundaries. Kansas' highest court has declared that the state constituti­on does not prohibit partisan gerrymande­ring.

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