This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at Balls and Strikes.

On Tuesday, voters in Kansas will decide whether to make a dramatic change to the process for filling vacancies on the Kansas Supreme Court. For the last 68 years, under state law, a nine-member bipartisan commission has assembled lists of three potential nominees for the governor to choose from. The commission consists of both lawyers and nonlawyers, and it is far more transparent than most systems in place for selecting high court judges: Its interviews of aspiring justices, for example, are livestreamed for the public.

This is a real problem for the state’s Republican culture warriors, who in recent years have become increasingly angry with the court’s decisions on, among other things, abortion access: Back in 2019, the Kansas Supreme Court issued a landmark opinion holding that the state constitution protects residents’ right to access abortion care. In response, the GOP-controlled legislature concocted the Kansas Elections for Supreme Court Justice Amendment, which is, as the name suggests, a constitutional amendment that would abolish the nominating commission and allow the legislature to institute partisan judicial elections instead. 

Supporters of the amendment say it would return political power to the people: Voters, not “attorneys and political insiders,” they argue, should decide who sits on Kansas’s courts. What the amendment is really about is Republican politicians’ desire to restrict abortion rights, and........

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