Kansas Supreme Court to hear oral arguments at WU School of Law November 3

TOPEKA—The Kansas Supreme Court will hear two cases on its November 3 docket in the new Heath Family Appellate Courtroom at Washburn University School of Law. 

“The Supreme Court is thrilled to hear oral argument in the school’s new courtroom, and we are honored to be among the first groups invited to use it,” said Chief Justice Marla Luckert. “We extend a heartfelt ‘thank you’ to Jeffrey Jackson, interim law school dean, for this wonderful opportunity.” 

Oral argument in the first case will begin at 9:30 a.m. and at 11 a.m. for the second case. Oral arguments are open to the public, and law students are encouraged to attend.

Luckert said the Supreme Court welcomes occasions to show the court in action outside its regular courtroom, and being before an audience of law school students is especially rewarding.  

“Conducting court at a law school brightens my view of the future, especially now, as we study a shortage of lawyers in many Kansas counties,” Luckert said. “These law students are the next generation of lawyers to live, work, and be civically active in our communities.”

Anyone who plans to attend the November 3 docket in person should keep in mind the courtroom gallery may fill quickly. If attending in person isn’t possible, the session will be livestreamed online at www.YouTube.com/KansasSupremeCourt. 

November 3 docket

The two cases on the November 3 docket are: 

9:30 a.m.

Appeal No. 125,084: League of Women Voters of Kansas, Loud Light, Kansas Appleseed Center for Law and Justice, Inc., and Topeka Independent Living Resource Center v. Scott Schwab, in his official capacity as Kansas Secretary of State, and Kris Kobach, in his Official Capacity as Kansas Attorney General

In 2021, the Kansas Legislature enacted several statutes that affect voting, helping others vote, or supplying election-related information to the public. The League of Women Voters and others challenged these new laws in Shawnee County District Court. The district court granted a motion to dismiss for failure to state a claim filed by the Kansas Secretary of State and Kansas Attorney General. The dismissal applied to all plaintiffs’ claims but one, which involved the statute governing the dissemination of election-related information to the public. It was excluded because it is pending before the Kansas Supreme Court. The plaintiffs appealed the district court’s decision and the Kansas Court of Appeals reversed the lower court’s ruling. It remanded the case with instructions to apply a strict scrutiny standard to the plaintiffs’ claims because the right to vote is a fundamental right guaranteed under the Kansas Constitution. The defendants petitioned the Supreme Court to review the Court of Appeals decision.

The defendants ask the Supreme Court to determine whether the Court of Appeals erred by: applying the strict scrutiny standard; concluding that K.S.A. 25-1124(h) and K.S.A. 25-2437(c) impose a severe burden on the right to vote; holding there is a state-created liberty interest in voting by mail, triggering procedural due process rights; holding that the plaintiffs state a valid equal protection claim against signature verification requirements; and holding that that ballot harvesting restrictions in K.S.A. 25-2437(c) limits ballot collectors’ free speech rights. 

11 a.m. 

Appeal No. 123,216: State of Kansas v. Zachary Jacob McFall

McFall appeals his 2020 conviction by jury of one count of first-degree premeditated murder, one count of felony murder, and criminal discharge of a firearm at an occupied vehicle resulting in great bodily harm. The Shawnee County District Court sentenced him to a hard-50 life sentence. On appeal, McFall claims the district court erred by denying his request for new counsel, his attorney did not function as his advocate at sentencing, the prosecutor misstated the law, the court gave inappropriate instructions to the jury, and cumulative error denied him a fair trial.

Supreme Court travel dockets

Twice a year, the Supreme Court visits a Kansas community to conduct court in a public space, most often a school. Since the outreach program started in 2011, the court has visited 21 communities between Colby and Kansas City. The visit to the Washburn University School of Law is on top of that outreach program.