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Posts Tagged ‘judicial retention’

crying-baby-say-no-to-activist-judgesKansans for Life applauds all those pro-lifers who cast votes yesterday to oust activist justices on our state Supreme Court and Court of Appeals.  Sadly, we missed the mark.

And while all the targeted activists on the highest two courts kept their jobs, they only held on by small margins. KFL executive director, Mary Kay Culp said,

“For now we can only hope the judges have learned a powerful lesson to stop ‘legislating from the bench’… especially as they face the most important abortion lawsuit in our state’s history.”

KFL’s priority message, “reject all but Stegall,” focused on retention elections for five current Supreme Court Justices. Justices stand for retention every six years and cannot remain on the bench if they fall below 50% approval. Yesterday, voters only gave 55-56% support to Justices Lawton Nuss, Marla Luckert, Dan Biles and Carol Beier.

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Justice Caleb Stegall

Justice Caleb Stegall received 71% support, which was deserved. Appointed in 2014, he has not been part of any Supreme Court abortion animus, nor was he part of all the decisions that were soundly overturned by the U.S. Supreme Court.

Chief Justice Nuss– who is the only sitting Justice to have ever been admonished by the ethics oversight committee– has lost the most public support over the last twelve years. In 2004, retention figures were: Nuss 82.2%,  Luckert, 76.5% and Beier, 76.4%. Biles was not yet on the court.

In 2010, after KFL called for pro-lifers to remove activist judges under the slogan,”Fire Beier,” the approval rating of all four justices dropped to 62-63%.

In 2012, our top judges began their own public relations campaign, in which they traversed the state to “connect” with the people. Members of both the Supreme Court and the Court of Appeals have since made hundreds of town hall educational presentations. They also have been the beneficiaries of pro-retention media campaigns and at least $540,000.00 in television ads this year (see here).

Appellate Judge Kathryn Gardner

Appellate Judge Kathryn Gardner

When it comes to abortion, the recent history of the Kansas Supreme Court has not been fair and impartial.(see here) They have twice ducked ruling on the most important  abortion lawsuit in our state’s history– the ban on dismemberment-method abortions— until they could get past the Nov. 8th retention elections.  In the interim, the Court of Appeals completely botched their ruling. The Court of Appeals was hopelessly divided on whether the state may ban brutal and inhumane procedures done on fully-formed unborn children.

Our KFL judicial initiative had a modest budget without funds for television or drive-time radio. We activated the grass roots and hosted the Better Judges for Kansas website.  Included were essays (archived here) explaining abortion bias in the courts and how the court rulings are exasperatingly untethered from the state constitution.

Appellate Judge David E. Bruns

Appellate Judge David E. Bruns

Our secondary goal was ousting judges on the Court of Appeals who had indefensibly sided with abortion attorney’s invention of a state right to abortion, even broader than that of Roe v Wade.

The Court of Appeals is up for retention every  four years. The judges up for retention Nov. 8 who claim our 1859 founders wanted to protect abortion are Steve Leben, G.Joseph Pierron, Karen Arnold-Burger and G. Gordon Atcheson. These four felt the public’s disapproval when they received only 59-60% support, down from 71-74% in 2012.

The two Court of Appeals judges on Tuesday’s ballot who had properly let our Kansas Constitution be their yardstick on the abortion issue were David Bruns and Kathryn Gardner. The public gave Bruns 72% support (75% in 2012) and Gardner, 73% (first election since appointment).

Our Kansas Bill of Rights rests on “the right to life,” yet there is still much to be done to protect the unborn in Kansas. We ask all those who joined with us on the issue of judicial retention to stay engaged and be encouraged, as the truth is on the side of life!

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vote-ad-1-maroon-tintThe lead story across Kansas in the closing days of October was the election-focused poll from the Fort Hays State University’s Docking Institute of Public Affairs—not a conservative source. Among the unsurprising results in a red state were that Trump is in the lead, the public is agitated over state budget deficits, and 64% of the nearly 900 “likely voters” polled wanted an end to all or most abortions.

The very unwelcome news for liberals (and their handmaidens in the media) who want Kansas judges on the bench for life, was that the poll showed Kansas Supreme Court justices who are up for retention are not “safe.”

That was truly encouraging news for pro-lifers, who see all our hard-fought laws endangered by an impending horrific ruling on abortion from our state Supreme Court. This is an unprecedented opportunity for pro-lifers to replace judges before they wreck our Constitution and declare that it has been “discovered” to protect abortion.

All society’s liberal “elites” are insulted that voters have the right to oust our top judges, but we were guaranteed that right when we amended our constitution in 1958 to give the selection of those judges over to an attorney-dominated commission.

Kansans for Life has launched a major initiative, “Better Judges for Kansas,” urging voters to dump activist judges with abortion bias– from district courts up through the state Supreme Court. Read here for articles explaining why the issue of judge retention is of paramount importance to pro-lifers.

The Kansas Supreme Court has deliberately delayed ruling on the injunction that has blocked our ban on barbaric dismemberment abortions from going into effect. Remember, this bipartisan-passed law prohibits the tearing apart of fully-formed children while still alive in their mother’s wombs.abortion-on-ballot-snip-lightened

KANSAS JUDICIAL ABORTION BIAS
Abortion is indeed on the ballot Nov. 8 in Kansas, although there is no amendment question about abortion. Informed pro-lifers will be rooting out abortion bias in judges up and down the ballot. Here are just some of the examples of this bias:

ABORTION BIAS was shown from 2004-2008 by the Kansas Supreme Court in its various dealings with then-Attorney General Phill Kline who attempted to prosecute illegal abortions; they even set up a unique and secret Court of Inquisition against Kline. The tongue-lashing of Kline by Justice Carol Beier was publicly slammed by fellow justices as “the very antithesis of ‘restraint and discretion’ and not an appropriate exercise of our inherent power.”

ABORTION BIAS was shown in 2008 when the Kansas Supreme Court benefitted notorious abortionist George Tiller by delaying a decision on sending the grand jury redacted abortion files. While waiting for this evidence, the grand jury ( whose final resport said they believed Tiller was guilty) ran out of its statutorily-mandated time…which the Kansas Supreme Court also could have extended, but did not.

judge approved art 5.pubABORTION BIAS was shown from 2011-2016 in the state court of Shawnee County District Judge Franklin Theis with a challenge to the abortion clinic licensure law. Judge Theis repeatedly ignored motions from the Kansas Attorney General’s office to proceed with the case. In another matter, Judge Theis continues to allow meritless appeals to be heard from abortionist Kris Neuhaus in her quest to regain her revoked Kansas medical license.

ABORTION BIAS was shown since 2015 in regards to the ban on dismemberment abortions, starting in the state court of Shawnee County District Judge Larry Hendricks who blocked the ban on dismemberment abortions. The ban is not yet in effect because:

  1. the Kansas Supreme Court (realizing their likely decision would threaten their retention) refused to rule on it at the outset and then delayed the matter until after elections.
  2. the Kansas Court of Appeals split evenly, which let stand Hendricks’ ruling — using all 14 judges instead of the normal panel of three (knowing six of them faced retention).

Abortion is on the Kansas ballot, written into judicial retention, and other candidate races. Pro-lifers should encourage all voters in their circle of influence to use our recommendations at

and forward the information on social media. The unborn babies in Kansas are relying on you!

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