The Kansas Supreme Court has rejected the challenge of Senate Bill 40. The court reversed a decision by the Johnson County District Court that had found Senate Bill 40 unenforceable. The bill relates to emergency powers.
Kansas Attorney General Derek Schmidt says he appreciates the Kansas Supreme Court eliminating the uncertainty hanging over Kansas emergency management law since the district court’s decision. All seven justices agreed that the lower court’s decision was in error after the district court judge raised constitutional questions about the law that were never raised by the parties in the underlying case and after the emergency declaration that formed the basis for the lawsuit had expired.