Call urges ouster of ‘anti-gun’ justices, but group behind plea admits no recent rulings
Kansas State Rifle Association in robo call asks voters to non-retain Kansas Supreme Court justices
A new robo call urges voters to oust “anti-gun” Kansas Supreme Court justices, but the group behind the effort acknowledges the plea isn’t based on any specific ruling by the court.
The Kansas State Rifle Association PAC, in an automated call, first warns that federal courts in the state are moving to restrict the right to bear arms before pivoting to hit at the state Supreme Court. The Topeka Capital-Journal obtained a recording of the call.
The call opens up a new front in the fight over retention of five justices who will appear on the ballot on Tuesday. So far, efforts to knock off some of the members of the court have focused mostly on abortion cases and death penalty decisions.
“Anti-gun judges are bad for your Second Amendment right. This Tuesday, vote no on the anti-gun Kansas Supreme Court. Don’t let Kansas courts take away your ability to defend yourself,” the call says. “Vote no on the Kansas Supreme Court and encourage family, friends and fellow gun owners to do the same.
The state Supreme Court hasn’t issued any controversial gun or Second Amendment-related opinions recently, however. In an interview Sunday, Moriah Day, the KSRA PAC chairman, said the “anti-gun” label was based on previous statements, not recent rulings.
“I can’t point to a specific ruling or anything like that. A number of them have records on a number of related issues,” Day said. “Some of them have expressed in the past that they’re not in favor of the kind of freedoms on the Second Amendment that the KSRA supports.”
Asked for examples, Day said he didn’t have specific references in front of him and acknowledged it sounded as if he was speaking in generalities. He said he would try to supply additional information.
Day did point to a fundraiser that Justice Carol Beier’s husband, Richard Green, held at their home for Democratic gubernatorial candidate Paul Davis. Neither Beier nor Davis attended the event.
The KSRA is the state affiliate of the National Rifle Association, which endorsed Gov. Sam Brownback over Davis in the 2014 election.
The judicial retention contests have been among the most closely-watched in Kansas this year. If even one or two justices are ousted, the makeup of the court could change considerably.
In Kansas, the governor selects a justice from a list of potential choices provided a nominating commission of attorneys. Kansans for Fair Courts has been the primary group promoting the retention of all the justices, centering its argument on preventing the appointments of justices in the political mold of Brownback.
“This call is just another example of Gov. Brownback and his political allies throwing everything but the kitchen sink at the court,” spokeswoman Joyce Morrison said. “It’s just another example of injecting politics into the court, which is what we don’t want because we want a fair and impartial court.”
Regarding the reference in the robo call to federal courts moving to restrict gun rights in Kansas, Day cited the federal prosecution of a Kansas man accused of illegally making and marketing firearms, specifically sound suppressors, and another who acquired one and filmed live-fire tests. Under a 2013 Kansas law, guns and accessories made within the state and kept in its confines are exempt from federal law.
Federal prosecutors disagree. The case is set for trial in Wichita this coming week.
The robo call doesn’t distinguish between the justices, but Day said the KSRA has no issues with Justice Caleb Stegall. Stegall, the newest justice, is seen by some as having a conservative tilt. He served in the Brownback administration before becoming a judge.
Day said the call didn’t differentiate between the justices because “you can only get so much across in 30-some seconds.”
The call comes in the final days before the election. During the election cycle, the KSRA has paid the most attention to state House and Senate races.
“That’s primarily our focus, however it’s incredibly important to us we have justices on the Supreme Court that interpret the Second amendment to the U.S. Constitution as well as our Kansas constitutional provisions,” Day said. “It’s incredibly important to us they respect those laws and they apply them fairly and judiciously.”