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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
State of Kansas ex rel. Morrison v. Sebelius
Citation:
179 P.3d 366 (Kan. 2008)Facts
During the 2007 legislative session, the Kansas Legislature passed House Substitute for Senate Bill No. 244, substantially amending the Kansas Funeral Picketing Act and renaming it the Kansas Funeral Privacy Act. While the legislature repealed the previous act, it did not make operative the substantive provisions regulating funeral protests. Instead, through a “judicial trigger provision” in K.S.A. 21-4015(i), the legislature provided that funeral protest provisions would become operative only after a court determined them constitutional. Additionally, through K.S.A. 2007 Supp. 75-702a, the legislature directed the Attorney General to file a lawsuit challenging the constitutionality of these provisions. The Attorney General challenged this directive, arguing it violated separation of powers by requiring him to seek an advisory opinion, which exceeds judicial power and conflicts with his ethical duties as an officer of the court.
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