| 9 a.m. Friday, January 16, 2026
Case No. 129,788: Governor Laura Kelly, in her Official Capacity v. Kansas Attorney General, Kris Kobach, in his Official Capacity
Original Action, Writ of Quo Warranto: The material facts are not in dispute. Governor Laura Kelly has requested that Attorney General Kris Kobach join several lawsuits she believes have merit challenging federal government action on behalf of the State of Kansas, and Kobach has refused because he believes the lawsuits lacked merit. Kelly then purported to join two federal lawsuits in her official capacity as Governor, attempting to seek relief on behalf of the State. Kobach responded by filing amicus briefs in those two cases arguing that under Kansas law only the Attorney General may sue on behalf of the State in federal court. Kelly has also expressed interest in seeking judicial review in federal district court of a SNAP Appeals Board decision. Kobach contends authority for bringing that action on behalf of the State rests solely with the Attorney General. Kelly filed this petition for writ of quo warranto action.
Issues under review are whether: 1) Kansas statutes vest the Attorney General with exclusive control of the State’s litigation in federal court; 2) the Governor has constitutional litigation authority as the “supreme executive” of Kansas; 3) the Attorney General lacks the power to prevent the Governor from participating in litigation; and 4) the Attorney General’s statutory authority to control the State’s litigation in federal court violates the Kansas Constitution. |