Kelly sues Kobach over authority to file lawsuits

TOPEKA (KSNT) – Gov. Laura Kelly has asked the Kansas Supreme Court to quickly decide whether she has the power to file lawsuits on behalf of the state, a question that’s taken on new urgency as she seeks emergency federal funding for food assistance.

Benefits for the Supplemental Nutrition Assistance Program are not being distributed in November due to the month-long federal government shutdown. Kelly wants Kansas to join a multi-state lawsuit to restore the funding, but Republican Attorney General Kris Kobach has refused. The state says about 188,000 Kansans will go without food assistance unless the issue is resolved.

Kelly filed a lawsuit against Kobach on Friday seeking clarification of her constitutional authority.

“The lawsuit is necessary due to Attorney General Kobach’s failure to defend Kansans against the Trump Administration’s unlawful federal overreach, despite repeated requests from Governor Kelly to do so,” said Grace Hoge, a spokeswoman for the governor, in announcing the legal action.

The filing marks the latest clash between the Democratic governor and Republican attorney general, who have repeatedly sparred over legal control of the state. Kobach has joined numerous Republican-led multi-state lawsuits, while Kelly has added Kansas to two Democratic-led cases, a move Kobach has argued is beyond her constitutional power.

“Time and again, Attorney General Kobach’s blatant partisanship is on display, harming and embarrassing Kansas,” Kelly said in the news release. “Not only has the Attorney General’s willful ignorance undermined my administration’s efforts to protect Kansans, 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.”

In August, Kelly joined a lawsuit challenging what she called the Trump Administration’s unlawful termination of congressionally approved funds for public health and safety programs. Those programs included testing for lead in schools and child-care facilities, environmental cleanup projects, dam safety efforts and financing to improve drinking water systems.

The two officials have also faced off in state court over whether Kelly’s administration must share Kansans’ personal information to secure future SNAP funding, a case that was later dismissed. The state has not lost funding as it appeals a federal order to provide the information.

Kobach maintains that his office controls all litigation involving the state. Kelly disputes that, citing the Kansas Constitution’s language granting the governor authority over the executive branch’s actions.

“If the governor wants to run for the office of Attorney General, she has the right to do so. But she will need to go to law school first,” Kansas Attorney General Kris Kobach said in a news release. “The laws of Kansas are crystal clear regarding who represents the state of Kansas in court and controls what legal positions are taken by the state of Kansas.”

In her Supreme Court filing, Kelly asks for “a declaration that the Governor has constitutional authority to sue, join, participate in and litigate actions or proceedings on behalf of her office and the interests of Kansas” and confirmation that she has the statutory power “to direct the Attorney General to sue, join, participate in and litigate actions or proceedings in the interests of Kansas.”

“Governor Kelly is wasting the court’s time,” Kobach said.

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