Fact Briefs: Has the Kansas Supreme Court been overturned more than any other state since adopting a merit-based judicial selection system?

The Journal analyzed data from The Supreme Court Database at Washington University in St. Louis and found Kansas ranks 20th nationally in raw number of cases overturned since 1958 and eighth in overturn rate.

By Jessica Pearce/The Journal

Heat map of the raw number of state supreme court cases overturned by the Supreme Court since 1958.

No.

Since Kansas adopted a merit-based selection process for state Supreme Court justices in 1958, the U.S. Supreme Court has overturned 20 of the state’s 26 cases, an overturn rate of 77%. 

The Journal analyzed data from The Supreme Court Database at Washington University in St. Louis and found Kansas ranks 20th nationally in raw number of cases overturned since 1958 and eighth in overturn rate.

The rankings shift slightly depending on the period: Since 1966, when a majority of Kansas Supreme Court justices had been selected through merit appointment, Kansas ranks 26th in overturned cases and 18th in overturn rate. Since 2007, Kansas is tied with Louisiana for the most decisions overturned, though 23 states have higher overturn rates.

Since 1945 — the furthest back the modern Washington University dataset goes — cases from appointed state supreme courts have been overturned 62% of the time, compared with 66% for elected courts.

For more details, visit our interactive infographic.

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Sources

Jessica Pearce is a Report for America corps member and covers civics in Kansas for The Journal.