Kansas judge tosses out attorney general’s personal data disclosure lawsuit against Gov. Laura Kelly

On Tuesday, Kansas district court Judge Teresa Watson dismissed a lawsuit filed by Attorney General Kris Kobach (R) to try to force Gov. Laura Kelly (D) to release hundreds of thousands of Kansans’ personal data.

Kobach filed the lawsuit earlier this month after Kelly and the Department for Children and Families (DCF) Secretary Laura Howard blocked the Trump administration from accessing sensitive data of 730,000 Kansas citizens. The U.S. Department of Agriculture wanted the data of citizens who have applied or received Supplemental Nutrition Assistance Program (SNAP) benefits. Kobach argued that Kelly and Howard were “flagrantly violating the law” by not allowing the federal government to investigate “waste, fraud, and abuse.”

Kelly and Howard have maintained that sending the data, which includes home addresses, Social Security numbers and birthdates, would jeopardize the privacy of Kansans.

Kobach sought a writ of mandamus, a court order to force a government official to perform a specific order. In her decision, Watson said the state law at issue “on its own does not dictate a specified or clearly defined legal duty on the part of Governor Kelly or Secretary Howard to comply, without exercise of judgment or discretion, to the FNS request for SNAP participant data.”

Watson also disputed Kobach’s claim that unappropriated state money would be needed to cover the shortfall of withheld federal funding.

“No money has yet been withheld from the State of Kansas,” Watson said. “No money has been drawn from the state treasury in anticipation of the loss. There is no violation of [the Kansas Constitution] on existing facts.”

In a statement to the Topeka Capital Journal, Kobach disagreed with the judge’s decision and indicated he may appeal.

“We disagree with the judge’s interpretation of ripeness and are considering an appeal,” Kobach said. “Regardless, the governor continues to defy Kansas law. Needy Kansans have now lost $10.4 million in food assistance because of her political theatrics. That money is not coming back. It is laughable to suggest that she will be able to persuade the USDA to change its decision. And now, because of the governor’s desire to thumb her nose at the Trump administration, needy Kansans will lose another $10.4 million of food assistance in December.”

Kelly responded by again accusing Kobach of engaging in political theater and saying the lawsuit could have been avoided if both parties had met beforehand.

“It is unfortunate that Attorney General Kobach decided to engage in low-rent political theater, wasting taxpayer dollars, and spreading misinformation,” Kelly reportedly said. “I appreciate the court granting my administration’s motion to dismiss the lawsuit on the grounds that the Attorney General’s actions were premature as we continue through the USDA’s administrative review process and that my administration does not have a legal duty to turn over Kansans’ personal information at this time. Had the Attorney General met with my office prior to filing his lawsuit, as my office had requested, we could have explained the issue without having to go through the time and expense of the court. It is clear from the court’s order that the Attorney General’s arguments were without merit.”