TOPEKA, Kan. (WIBW) – Kansas Gov. Laura Kelly is suing Attorney General Kobach after she says he has failed to protect Kansans against the “Trump administration’s unlawful federal overreach.”
The governor announced the lawsuit in a press release on Friday.
Kelly says the lawsuit is to protect Kansas and the governor’s constitutional authority.
Kobach responded to the lawsuit in a press release, stating it was “an action in the Kansas Supreme Court seeking to take control of the state’s litigation.”
The attorney general added that he believes Kelly wants to sue and litigate actions on Kansas’ behalf, specifically cases against the Trump administration.
Kobach cited the following laws:
- “The attorney general shall appear for the state, and prosecute and defend any and all actions and proceedings… in which the state shall be interested or a party.” K.S.A. 75-702
- “The attorney general … shall, when so appearing, control the state’s prosecution or defense.” K.S.A. 75-702(a)
- “The attorney general is the chief law officer of the state.” State v. Finch, 280 p. 910, 911 (Kansas Supreme Court 1929)
The governor has joined two federal lawsuits, she says, due to Kobach’s “refusal to stand up for the State of Kansas.”
One lawsuit is against the United States Department of Agriculture and seeks the release of congressionally approved emergency funds for SNAP.
Kelly joined another lawsuit in August in hopes of preventing the Trump administration from “unlawfully terminating congressionally approved funds for several public health and safety programs, including testing for lead in schools and child care facilities, environmental cleanup, ensuring the safety of dams, and financing to improve drinking water safety.”
Kobach filed a lawsuit against Kelly and the Kansas Department for Children and Families in September, stating that they had ignored requests from the USDA to turn over SNAP benefits data. That lawsuit was later dismissed.
The governor says Kobach has claimed that he controls litigation on behalf of Kansas. Yet, the Kansas Constitution states that the governor is the “supreme executive” of the state, having constitutional authority over the decisions of the executive branch.
Kelly’s lawsuit asks the Kansas Supreme Court for an order in quo warranto against Kobach and seeks to prevent him from intruding on the governor’s constitutional power.
View a copy of the lawsuit’s petition HERE.
A copy of the memorandum in support can be found HERE.
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