OMITTED

What the news leaves out.

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Plan to corrupt the judiciary by plutocrats

2 sources · updated 2026-07-08
Left 100% Center 0% Right 0%
1 left · 0 center · 0 right

What happened

In Kansas, legislators have advanced a proposed state constitutional amendment that would replace the current commission-based selection of Kansas Supreme Court justices (gubernatorial appointment from a nominating commission list, followed by periodic retention elections) with competitive judicial elections, with the measure set to go before voters in August. Separately in Texas, Karmelo Anthony, 19, convicted in Collin County of murdering 17-year-old Austin Metcalf in a stabbing at a Frisco track meet and sentenced to 35 years in prison, filed post-conviction motions seeking a new trial and asking that the trial judge, John Roach, be recused from further proceedings. Anthony’s filings argue the judge’s public comments after the verdict created an appearance of bias and that trial restrictions—among other alleged errors—violated constitutional rights, including the Sixth Amendment public-trial right. Under Texas procedure, the recusal request is expected to be referred to a regional administrative judge to determine next steps.
Omitted — what each side leaves out

Unpacked

Kansas’ push to scrap merit selection isn’t “democratic reform”; it’s a power grab designed to make courts purchasable and punish them when they enforce constitutional limits. The material winners are obvious: large national donors and industries that live and die by state-court doctrine—fossil fuels, utilities, real estate developers, private equity-backed health systems, and national culture-war networks—because state supreme courts decide liability standards, arbitration enforceability, consumer protection, voting rules, and abortion access. The losers aren’t abstract “institutions”; it’s Kansas schoolchildren (whose funding the court forced the legislature to fix), criminal defendants (who face “soft on crime” election-year incentives), and ordinary plaintiffs up against corporate defendants who can bankroll independent expenditures. The state judiciary itself becomes materially exposed: judges will spend their time chasing money or fearing it. Second-order effects are where the corruption becomes structural. Once elections replace a commission, legislators get to write the election rules; if the first cycle produces an inconvenient court, the next cycle is gerrymandered judicial districts, partisan labels, and procedural tweaks that turn the bench into an annex of the dominant party. Third-order: donors don’t just buy outcomes, they buy deterrence—weakening enforcement by signaling that a judge’s career depends on staying “business-friendly,” which shifts settlement leverage, regulatory compliance, and even prosecutorial charging behavior. The Fox vignette about a murder trial judge is a reminder of the new battlefield: when courts are politicized, every unpopular ruling becomes campaign fodder, and judges preemptively narrow transparency, access, or defendants’ rights to avoid becoming the next ad. There’s precedent, and it’s ugly. The Progressive Era’s faith that elections would cleanse machine politics quickly produced the opposite—courts tethered to party bosses and patrons—followed by the very merit-selection reforms Kansas adopted after the 1956 “triple play” scandal. The dominant framing breaks where it pretends “both sides spend” makes this neutral. Symmetry in donation sources doesn’t equal symmetry in consequence: concentrating judicial selection in high-dollar contests predictably shifts doctrine toward repeat players with money and organization, not toward the median voter.
Bottom line

This isn’t court reform; it’s an attempt to turn the Kansas Supreme Court into a rentable asset. Once judges must campaign, billionaires and party operatives don’t just influence decisions—they rewrite the incentive structure of justice itself. The predictable endpoint is a court that’s independent only from the public.

The Left View
Left-leaning coverage frames the Kansas proposal as an attempt to weaken judicial independence by shifting the state supreme court from a “merit selection” model toward elections that tend to attract large outside spending. It argues that recent state judicial races have seen escalating spending by wealthy donors and interest groups, and that competitive elections increase incentives for judges to align with major donors or to rule with electoral backlash in mind (e.g., “soft on crime” attack ads). The Kansas plan is also presented as part of a longer conflict between the Kansas Legislature and the state judiciary over constitutional rulings (notably school funding and abortion-related decisions), with the amendment portrayed as a way for lawmakers to gain leverage over a court they view as insufficiently aligned with their policy preferences. The piece also warns that the amendment would let the Legislature design election rules with few guardrails, potentially including changes to partisan vs. nonpartisan formats, districting choices, or judicial-district maps that could be manipulated to influence outcomes.
The Right View
Right-leaning coverage focuses on an individual criminal case and frames the judiciary-accountability issue through claims of judicial bias and alleged procedural unfairness. It highlights Karmelo Anthony’s post-conviction motions asserting that Judge John Roach should be recused due to public comments after the verdict (including remarks that the jury “got it right”) and that trial management decisions—such as barring cameras and limiting public seating—violated Anthony’s Sixth Amendment right to a public trial. The reporting emphasizes defense allegations of prosecutorial and evidentiary issues (including disputes over character/extraneous-act evidence) and challenges to jury instructions affecting the self-defense theory, arguing these alleged errors cumulatively warrant a new trial. It also notes the legal process for recusal in Texas, where a regional administrative judge may decide whether a hearing is needed.
Our Take (balanced)
These stories converge on a shared theme—how courts maintain legitimacy and impartiality—but they address it at different levels: Kansas is about systemic design (selection and incentives), while Texas is about case-level fairness (procedure and perceived bias). The strongest left argument is that changing judicial selection to competitive elections can predictably increase dependence on donors and partisan machinery, especially when rule-setting power (districting, election format) sits with legislators who have ongoing disputes with the court. The strongest right argument is that judicial legitimacy can also be undermined when trial management choices and public statements create an appearance of partiality; even if decisions have rationales (e.g., protecting jurors and witnesses), transparency and consistency matter because they affect confidence in outcomes. Taken together, the core tension is accountability vs. independence: reforms meant to “democratize” courts can amplify money and political control, while insulating courts from politics does not eliminate the need for robust procedural safeguards and restraint by judges in high-profile cases.

2 sources

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