The Kansas Supreme Court is considering who can represent the state in court, after Democratic Gov. Laura Kelly and Republican Attorney General Kris Kobach have clashed over taking legal action on behalf of the state.
The Kansas Supreme Court justices listened to arguments from both sides Friday.
Kelly sued Kobach over her ability to represent Kansas late last year. The political divisions between the offices has led to disagreements on when the state should sue in court or join existing lawsuits.
Kelly had asked Kobach to sue the Trump administration over the distribution of food benefits and the release of federal funds for public health and safety programs.
But Kobach refused Kelly’s requests and challenged her authority to join multistate lawsuits on the state’s behalf.
Stephen McAllister, representing Kelly, told the justices that the governor is not seeking to completely take over authority to represent the state of Kansas.
“The governor seeks a ruling from this court that her supreme executive authority includes the power to litigate to protect her executive interest,” McAllister said.
But the justices said “interests” were difficult to legally define.
McAllister said the governor can request the attorney general to take up matters on behalf of the state, but Kobach too often declines.
“If he declines, which he often does, then she has the power to hire her own counsel and proceed with litigation,” McAllister said.
Kobach disagreed with this, and argued that the governor is “dead wrong” about her executive authority.
He said he has no problem with the governor suing on behalf of her office, but she can’t sue on behalf of the people of Kansas.
“The opposing counsel said she can sue on behalf of her executive interests. What are executive interests? That's that's the whole waterfront,” Kobach said
Kobach equated the state's legal power to a set of blocks. The governor’s authority, the attorney general and others fit together.
“Ultimately, this is a question of constitutionality, which this court has already previously established,” Kobach said.
Calen Moore covers western Kansas for High Plains Public Radio and the Kansas News Service. You can email him at cmoore@hppr.org.
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