United States District Court
District of Kansas
Robert Dool, Julie Brown, Donald D.
Rosenow, and Thomas C. Schermuly,
Anne E. Burke, in her official capacity as
Chairman of the Kansas Supreme Court
Nominating Commission; Kerry E.
McQueen, Patricia E. Riley, Matthew D.
Keenan, and Jay F. Fowler, in their official
capacities as Attorney Members of the Kansas
Supreme Court Nominating Commission;
Carol Gilliam Green, in her official capacity
as Clerk of the Kansas Supreme Court,
ORAL ARGUMENT REQUESTED
Plaintiffs’ Brief in Support of
Motion for Temporary Restraining Order and Preliminary Injunction
Pursuant to Federal Rule of Civil Procedure 65, Plaintiffs Robert Dool, Julie Brown,
Donald D. Rosenow, and Thomas C. Schermuly respectfully move this Court to temporarily
restrain the enforcement and execution of Kansas Constitution article III, sections 5(a) and (e)
and Kansas Statutes sections 20-119 to 20-123 and 20-132 for the reasons stated in Plaintiffs’
Statement of the Nature of the Matter
This case presents a challenge to the provisions of Kansas’s constitution and statutes that
establish its system for the selection of the state judiciary. Kan. Const. art. III, § 5(e); Kan. Stat.
§§ 20-119 to -123. In their verified complaint, Plaintiffs pray that the Court declare parts of these
Plaintiffs’ TRO/PI Memorandum
provisions facially unconstitutional and enjoin their enforcement, because they violate the Equal
Protection Clause of the Fourteenth Amendment of the United States by denying Kansas citizens
their right to vote and to participate in the selection of public officials. In the alternative,
Plaintiffs pray that the Court declare the above provisions unconstitutional as applied to them.
Under the current system, the Kansas Supreme Court Nominating Commission (“Com-
mission” or “Nominating Commission”) sel