University of Denver

Tenth Circuit Affirms Constitutionality of Kansas Merit Selection System

Former Manager, Quality Judges Initiative

The U.S. Court of Appeals for the Tenth Circuit affirmed a lower court decision that rejected a constitutional challenge to the state’s merit selection system. Opponents of the process argued that having five lawyers on the nine-member supreme court nominating commission, who are not popularly elected or appointed by an elected official, violates the Equal Protection Clause’s “one person, one vote” requirement.