The quiet way Republicans are trying to undo abortion rights again — starting in Kansas

In Kansas, a state that fiercely defended abortion rights after the 2022 referendum, a ballot measure to alter the selection of state supreme court justices has emerged as a critical battleground in the ongoing struggle over abortion rights. This approach, if implemented, could potentially embolden similar efforts in other states to undermine the last remaining checks on Republican power during the abortion wars.

Following the 2019 decision recognizing the right to abortion, Kansas voters rejected a Republican-backed proposal in 2022 to overturn this ruling, preserving the right by a narrow margin. However, in 2022, then-Attorney General Kris Kobach proposed a new strategy to undo these protections by changing the way justices were selected, aiming to elect anti-abortion candidates and gradually shift control of the court.

While Kobach acknowledged the broader political motivations, he emphasized the need for accountability within the judiciary.

The outcome of this Tuesday's vote could have far-reaching consequences, as independent state courts have long served as a crucial safeguard against Republican supermajorities and governors in red states. Since the Dobbs decision, these courts have been a vital bulwark in maintaining abortion access in the South and central United States. Additionally, the victory in Kansas inspired similar ballot measures in other states, leading to the successful overturning of abortion bans in Missouri and Ohio.

State courts in Utah and Wyoming have also blocked abortion bans, demonstrating the resilience of these independent checks on power. However, these structures are now facing increasing attacks from state legislators seeking to undermine them. In response, organizations like the ACLU are working to preserve the nonpartisan status of judicial elections, recognizing the potential for partisan control to compromise judicial independence.

Already, the debate surrounding Kansas' judicial elections has attracted significant attention and resources, with over $12 million spent by both sides, including substantial contributions from the ACLU. As the stakes become clearer, the importance of these seemingly obscure efforts to reshape the judiciary cannot be overstated, as their potential impact on abortion rights and other liberties is immense.