Tuesday, Jul 28, 2026
Has the Kansas Supreme Court been overturned more than any other state since adopting a merit-based judicial selection system?
Since Kansas adopted a merit-based selection process for state Supreme Court justices in 1958, the U.S. Supreme Court has overturned 20 of the state’s 26 cases, an overturn rate of 77%.
The Journal analyzed data from The Supreme Court Database at Washington University in St. Louis and found Kansas ranks 20th nationally in raw number of cases overturned since 1958 and eighth in overturn rate.
The rankings shift slightly depending on the period: Since 1966, when a majority of Kansas Supreme Court justices had been selected through merit appointment, Kansas ranks 26th in overturned cases and 18th in overturn rate. Since 2007, Kansas is tied with Louisiana for the most decisions overturned, though 23 states have higher overturn rates.
Since 1945 — the furthest back Washington University data goes — cases from appointed state supreme courts have been overturned 62% of the time, compared with 66% for elected courts.
This fact brief is responsive to conversations such as this one.
Sources
- The Journal User-Friendly Dataset
- The Journal State Supreme Court Infographic
- Washington University in St. Louis The Supreme Court Database
- Brennan Center for Justice Judicial Selection: An Interactive Map
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