Courts Budget Intensifies Kansas Dispute Over Powers
"The fight between Gov. Sam Brownback of Kansas and the state’s judicial branch has escalated, with the governor last week signing into law a bill that could strip state courts of their funding.
The measure, at the end of a lengthy bill that allocated money for the judiciary this year, stipulates that if a state court strikes down a 2014 law that removed some powers from the State Supreme Court, the judiciary will lose its funding.
Richard E. Levy, a constitutional law professor at the University of Kansas, likened the measure in the judiciary budget bill to Congress’s passing a law outlawing abortion and then telling the judicial branch that it will lose its funding if it finds the law unconstitutional.
'That kind of threat to the independence of the judiciary strikes me as invalid under the separation of powers principle,' Mr. Levy said in an interview on Friday."