RIVERA v. SCHWAB

No. 125,092.

512 P.3d 168 (2022)

Faith RIVERA et al., Tom Alonzo et al., and Susan Frick et al., Appellees, v. Scott SCHWAB, Kansas Secretary of State, in His Official Capacity, and Michael Abbott, Wyandotte County Election Commissioner, in His Official Capacity, Appellants, and Jamie Shew, Douglas County Clerk, in His Official Capacity, Appellee.

Supreme Court of Kansas.

Opinion filed June 21, 2022.


Attorney(s) appearing for the Case

Brant M. Laue , solicitor general, argued the cause, and Kurtis K. Wiard , assistant solicitor general, Shannon Grammel , deputy solicitor general, Dwight R. Carswell , deputy solicitor general, Jeffrey A. Chanay , chief deputy attorney general, Derek Schmidt , attorney general, Anthony F. Rupp , of Foulston Siefkin LLP, of Overland Park, and Gary Ayers and Clayton Kaiser , of the same firm, of Wichita, were with him on the briefs for appellants.

Stephen R. McCallister , of Dentons US LLP, of Kansas City, Missouri, argued the cause, and Mark P. Johnson , Betsey L. Lasister , and Curtis E. Woods , pro hac vice, of the same firm, were with him on the briefs for appellees Susan Frick et al.

Lalitha D. Madduri , pro hac vice, of Elias Law Group LLP, of Washington, D.C., argued the cause, and Spencer W. Klein , pro hac vice, Joseph N. Posimato , pro hac vice, of the same firm, Abha Khanna , pro hac vice, and Jonathan P. Hawley , pro hac vice, of the same firm, of Seattle, Washington, and Barry R. Grissom and Jake Miller , pro hac vice, of Grissom Miller Law Firm LLC, of Kansas City, Missouri, were with her on the brief for appellees Faith Rivera et al.

Sharon Brett , Josh Pierson , and Kayla DeLoach , of American Civil Liberties Union Foundation of Kansas, of Overland Park, and Mark P. Gaber , pro hac vice, Richard Samuel Horan , pro hac vice, and Orion de Nevers , pro hac vice, of Campaign Legal Center, of Washington, D.C., Elisabeth S. Theodore , R. Stanton Jones , and John A. Freedman , of Arnold & Porter Kaye Scholer LLP, of Washington, D.C., and Rick Rehorn , of Tomasic & Rehorn, of Kansas City, were on the briefs for appellees Tom Alonzo et al.

No appearance by Jamie Shew, appellee.

Edward D. Greim , Todd P. Graves , and George R. Lewis , of Graves Garrett LLC, of Kansas City, Missouri, were on the brief for amicus curiae Kansas Legislative Coordinating Council.

Teresa A. Woody , of Kansas Appleseed Center for Law and Justice Inc., of Lawrence, was on the brief for amicus curiae Kansas Appleseed Center for Law and Justice Inc.


In this first-of-its-kind litigation in the state of Kansas, plaintiffs assert unique and novel claims that would bar the Kansas Legislature from enacting congressional district lines such as those at issue in the map colloquially known as "Ad Astra 2." Eager to reshape the legal landscape of...

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