http://www.motherjones.com/mojo/2015/11 ... e-key-caseKansas Republicans believe they have created a law that their own high court cannot review.
In the latest twist of the topsy-turvy constitutional showdown between the GOP-controlled state legislature and the state Supreme Court, the Kansas attorney general has asked the entire Kansas Supreme Court to recuse itself from hearing a key case.
The power struggle between Kansas Republicans and the state's highest court goes back to a years-long battle over education funding. 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.
I guess the will just get rid of the court system and have the GOP party people's court to decide as they want.
Just wait till the Freedom Caucus in the US Congress gets wind of this idea. Already there is talk of shutting the government down over the immigration issue.