Kansas Gov. Laura Kelly is suing state Attorney General Kris Kobach for his “failure to defend Kansans against the Trump administration’s unlawful federal overreach.”
Kelly, a Democrat, announced the lawsuit Friday, saying that she has repeatedly asked the Republican attorney general to sue on behalf of Kansas. He has not.
She said the attorney general refused to sue the Trump administration after SNAP food assistance payments were delayed when another pot of money could have funded the program. Kobach also didn’t sue the Trump administration after it cut money that would have helped states test for lead in schools and day cares, ensure the safety of dams and fund environmental cleanup.
Meanwhile, Kobach has sued Kelly to make her hand over personal information of food assistance recipients to the federal government. A lower court judge dismissed Kobach’s case.
At the heart of the Kelly lawsuit is who can sue on behalf of Kansas. Kobach argues that responsibility ultimately falls to him and that Kelly is trying to take over litigation for Kansas. Kelly wants the Kansas Supreme Court to order Kobach to not intrude on her constitutional authority.
Kobach points to specific state statutes that say the attorney general is in control of the state’s prosecution or defense.
“If the governor wants to run for the office of attorney general, she has the right to do so,” Kobach said. “But she will need to go to law school first.”
Kelly said the Kansas Constitution gives her control of the executive branch, which includes the attorney general. The state constitution also says the governor is responsible for enforcing state law.
“While he was quick to sue the previous presidential administration, alleging he would protect Kansans from federal overreach,” Kelly said, “he has not once followed through on that claim now that the Trump administration has repeatedly done just that.”
Kelly joined a lawsuit by states trying to free up funds for the Supplemental Nutrition Assistance Program. The ongoing government shutdown has delayed benefits, but some attorneys general are arguing that the federal government can use a separate pot of money to fund the program.
Kobach won’t join that lawsuit. Court records say Kobach hasn’t joined cases because he doesn’t think they’ll succeed. He called Friday’s lawsuit a “courtroom coup” that won’t go anywhere. “Governor Kelly is wasting the court’s time,” he said.
Kelly said the federal government has funded other programs while the shutdown rolls on. The governors of Kentucky and Pennsylvania also joined the lawsuit over SNAP.
Kelly said Friday’s lawsuit is important so she can protect Kansans.
“Not only has the attorney general’s willful ignorance undermined my administration’s efforts to protect Kansans,” she said, “but it has also cost our state millions of dollars for essential programs and services. If the attorney general refuses to stand up for Kansas, at least Kansans can rest assured knowing that I will.”
This story was originally published by The Beacon, a fellow member of the KC Media Collective.
