Case No. 124,849: Scott Schwab, Kansas Secretary of State, in his official capacity, and Michael Abbott, Wyandotte County Election Commissioner, in his official capacity, Petitioners v. The Honorable Bill Klapper, in his official capacity as a district court judge, et al., Respondents
Link to opinion: https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/124849.pdf
The Supreme Court denies the Attorney General’s petition for mandamus and quo warranto relief. The Kansas Attorney General petitioned the Supreme Court seeking dismissal of two pending lawsuits filed in Wyandotte County District Court and a third lawsuit in Douglas County District Court. Those lawsuits allege that the congressional reapportionment map passed by the Kansas Legislature is impermissibly gerrymandered in violation of the Kansas Constitution.
The Supreme Court held that mandamus and quo warranto were not appropriate remedies because the district judges below had not violated any clear legal duty nor were they unlawfully asserting authority by hearing the cases.
The Court clarified that if an action does not lie in mandamus or quo warranto, the petition must be denied. The Court stated that it has no discretion to reach the merits of such a claim simply because the question presented is one of statewide importance, significant public concern, or there is a compelling need for an expeditious and authoritative legal ruling on an important legal question.