Kansas Governor Claims Victory in Data Battle as Court Dismisses Suit
A fight between Kansas’s attorney general and governor ended Monday when a state court tossed a suit that AG Kris Kobach (R) brought against Governor Laura Kelly (D), who had refused to comply with a July request from the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) to submit personal data of SNAP recipients. The court ruled that Kelly didn't violate the law when she failed to send personal data of Supplemental Nutrition Assistance Program (SNAP) recipients to FNS.
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In his lawsuit filed Sept. 8, Kobach also argued that Kelly’s inaction put federal funding for SNAP in jeopardy.
In a press release responding to the suit, Kelly said it was “rife with false statements and incorrect law,” and came after her “Chief of Staff made requests to both the Attorney General and Speaker for meetings to discuss this issue,” which “both declined.” She added that the AG “is known for not doing his homework or placing priority on protecting Kansans’ private data.”
On Sept. 22, Kobach alleged Kansas lost more than $10 million in funding due to the governor’s refusal to comply, citing a notice of disallowance from FNS as well as a formal warning from USDA. But the state court found the Kansas law Kobach argued was violated “on its own" doesn't "dictate a specified or clearly defined legal duty on the part of Governor Kelly" to comply.
Judge Teresa Watson also found Kobach’s claims were not ripe, as Kelly appealed the notice of disallowance, and “no money has yet been withheld from the State of Kansas.” She then denied a motion to stay proceedings and dismissed a request for injunctive relief along with a motion to dismiss.
“It is unfortunate that Attorney General Kobach decided to engage in low-rent political theater, wasting taxpayer dollars, and spreading misinformation,” said Kelly, who celebrated the win in a press release Tuesday. “It is clear from the court’s order that the Attorney General’s arguments were without merit.”
Meanwhile, a coalition of 20 states (see 2508190046) is engaged in litigation against the USDA’s demand for state SNAP data. On Sept. 18, the states won a temporary restraining order blocking the data demand (see 250919001). Another similar lawsuit, with plaintiffs led by the Electronic Privacy Information Center (EPIC), is ongoing (see 2509150029).