Derek Schmidt

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Derek Schmidt
Attorney General of Kansas
In office
January 10, 2011 – January 9, 2023
GovernorSam Brownback
Jeff Colyer
Laura Kelly
Preceded byStephen Six
Succeeded byKris Kobach
Majority Leader of the Kansas Senate
In office
January 10, 2005 – January 10, 2011
Preceded byLana Oleen
Succeeded byJay Emler
Member of the Kansas Senate
from the 15th district
In office
January 8, 2001 – January 10, 2011
Preceded byTim Emert
Succeeded byJeff King
Personal details
Born
Derek Larkin Schmidt

(1968-01-23) January 23, 1968 (age 56)
Political partyRepublican
SpouseJennifer Schmidt
EducationUniversity of Kansas (BA)
University of Leicester (MA)
Georgetown University (JD)

Derek Larkin Schmidt

state attorney general in 2011, after he defeated incumbent Democrat Stephen Six
.

Schmidt was the Republican nominee for governor of Kansas in the 2022 election, which he won the primary but narrowly lost to incumbent Democrat Laura Kelly in the general.[2]

Early life and career

Schmidt graduated from the University of Kansas with a bachelor's degree in 1990, received a master's degree in international politics from the University of Leicester in England, and received his J.D. degree from the Georgetown University Law Center.[3] Schmidt was then a legislative assistant to Republican U.S. Senator Nancy Kassebaum of Kansas, an assistant Kansas attorney general and special counsel to Governor Bill Graves.[4]

Kansas State Senate

Schmidt was elected to the Kansas Senate in 2000.[4] In 2004, Schmidt was elected the Senate majority leader,[4] holding this post through 2010.[5]

During his time in the Kansas Senate, Schmidt sponsored an unsuccessful proposal to repeal the state's ban on

for-profit prisons. Schmidt was a supporter of the highly popular Kansas version of Jessica's Law, but "almost single-handedly killed the final bill by demanding inclusion of a provision allowing private prisons in Kansas" as the town of Yates Center, in Schmidt's district, sought to bring a private prison to the town.[6]

According to OpenSecrets, top contributors to Schmidt's campaigns included the Community Bankers Association, AT&T, the Kansas Association of Realtors, the Kansas Optometric Association, Cox Enterprises, Koch Industries, Monsanto, the Kansas Wine & Spirits Wholesalers Association, the Associated General Contractors of Kansas, Sunflower Electric Power Corporation, and Sprint.[1]

Kansas Attorney General

Elections

Schmidt was the Republican nominee for Kansas Attorney General, defeating Ralph DeZago in the Republican

health care reform law. Six chose not to join 25 other states in challenging the constitutionality of the ACA, while Schmidt pledged to join the lawsuit challenging the law, if elected.[9]

Schmidt won re-election in 2014, defeating Democratic nominee A.J. Kotich, a labor lawyer and former chief attorney for the Kansas Department of Labor.[10]

In 2018, Schmidt defeated Democratic nominee Sarah G. Swain, winning election to a third term.[11]

Coronavirus response

In April 2020, Democratic governor

Journal of the American Medical Association found that Kansas counties that had passed mask mandates experienced 500 fewer COVID-19 deaths than would have otherwise been expected in the absence of such restrictions.[18]

Obama administration

Lawsuits challenging Obama administration policies

As attorney general, Schmidt joined with other Republican state attorneys general in challenging federal regulatory actions adopted by the

Environmental Protection Agency.[19][20][21] Kansas challenged Obama-era regulations on the oil and gas industry, including a regulation controlling emissions of the greenhouse gas methane;[20] in 2015, Schmidt also joined Kansas in a suit challenging the Obama administration's Clean Power Plan.[21][22] In the latter case, the Supreme Court issued in 2016 a stay of implementation in a 5–4 decision along ideological lines.[21]

One of Schmidt's first acts as state attorney general was to add Kansas as a plaintiff to the lawsuit challenging the constitutionality of

In July 2017, Schmidt joined a group of eight other Republican state attorneys general, led by Ken Paxton of Texas, as well as Idaho Governor Butch Otter, in sending a letter to President Donald Trump saying that they would litigate if Trump did not terminate the Deferred Action for Childhood Arrivals (DACA) policy that had been put into place by the Obama administration. (One of the signatories, Tennessee Attorney General Herbert H. Slatery III, subsequently reversed his position and urged passage of the DREAM Act.)[28][29][30]

Same-sex marriage

Schmidt defended Kansas in a lawsuit brought by the

U.S. Supreme Court to block the order, but the Court denied his request.[34] In 2015, after the U.S. Supreme Court ruled that same-sex couples have a constitutional right to marry, Schmidt dropped his Kansas Supreme Court case against same-sex marriage.[33]

Planned Parenthood

In

writ of certiorari.[36][35] The state paid three East Coast law firms $899,000. One of the firms, Consovoy, McCarthy, Park, a Washington D.C. practice which was also representing President Trump in his efforts to prevent the release of his financial records, received $396,000 from Kansas. The firms were charging between $492 per hour to $750 an hour. Average billing rates for Kansas law firms handling such a case would have been $244 hourly.[37]

Marijuana

In 2015, Schmidt asked the Kansas Supreme Court to strike down a ballot measure, approved by voters in Wichita, that created a city ordinance reducing marijuana possession enforcement in the city. The measure specifically reduced the penalty for persons over 21 charged with a first marijuana possession offense (moving it from a Class A criminal misdemeanor to a civil infraction carrying a $50 fine). Schmidt asserted that the voter imitative was barred because it conflicted with uniform state law, a claim that the city disputed.[38] The Kansas Supreme Court struck down the city ordinance in 2016; the court did not address Schmidt's argument that the local law conflicted with state law, but rather based its decision on a technical error, ruling that the petitioners' filing of the proposed ordinance with the city clerk was improper.[39]

In January 2018, Schmidt issued an opinion stating that all forms of marijuana, including

In 2019, Schmidt was one of 17 state attorneys general who did not sign onto a letter from 33 state attorneys general in support of U.S. Representative

bill to allow marijuana-related businesses in states and territories in which marijuana is legal to use the banking system. The bill would facilitate the collection of taxes levied on the $8.3 billion industry, reduce the danger of operating cash-only businesses and more effectively monitor the industry.[43]

Election litigation

State Objections Board proceedings about Obama's birth certificate

Despite numerous judges across the U.S. having rejected challenges to the natural-born citizenship of

Wichita Eagle criticized Kobach for entertaining conspiracy theories that "made Kansas look ridiculous" and criticized Colyer and Schmidt for failing to promptly toss the birther challenge.[48]

2014 U.S. Senate race

Schmidt joined forces with Republican Kris Kobach, then-Kansas Secretary of State, in filing a brief in support of a lawsuit seeking to force the Kansas Democratic Party to field a candidate in the 2014 U.S. Senate general election. If the Democrats were forced to field a candidate, it was anticipated to have decreased the chances of independent candidate Greg Orman (who was supported by Democrats) of defeating incumbent Republican Pat Roberts in the 2014 election.[49][50] The suit was unanimously rejected by a three-judge panel of the Kansas District Court in Shawnee County.[50]

State Objections Board proceedings about Michael Capps

Court Appointed Special Advocate. Schmidt answered that he did not possess the authority to remove Capps.[54] as Kansas law limits removal of a state House member to four methods: Election defeat, expulsion by a vote of the Kansas House, expiration of the representative's term of office, or recall election. Schmidt noted state law forbids recall elections in the last two hundred days of a representative's term and since the legislature would not meet before the election, it could not expel Capps.[55] In 2020, Capps lost the Republican primary to Patrick Penn, who received 74.4%, 3,349 votes.[56]

Joining challenge to 2020 presidential election results

On December 8, 2020,

Wichita Eagle editorial board criticized Schmidt for having "signed our state's name to an embarrassing and baseless lawsuit aimed at overturning the presidential election" and noted that the amicus brief to which Schmidt signed "expanded voting rules in the four targeted states, even though Kansas employs many of the same procedures."[71]

Biden administration

In March 2021, Schmidt joined 11 other Republican state attorneys general in a lawsuit against the Biden administration, challenging a January 2021 Biden executive order aimed at mitigating climate change and incentivizing green jobs. The order directed federal agencies to consider, in environmental rulemaking, the social cost (economic damages) caused by emissions of greenhouse gases (carbon, methane, and nitrous oxide); revoked the permit for the Keystone XL Pipeline; and temporarily prohibited drilling in the Arctic National Wildlife Refuge. Schmidt claimed that the order would be "job-killing" and alleged that Biden lacked the constitutional authority to implement new rules about greenhouse gases.[72][73]

Schmidt also joined 20 other Republican state attorneys general in objecting to voting rights legislation passed by the U.S. House, alleging violations of the U.S. Constitution and an intrusion on states' rights to manage elections. The attorneys general vowed to challenge the bill in court, should it become law.[74][75]

On June 17, in a 7–2 decision, the U.S. Supreme Court rejected an attack on Medicare, ruling that the petitioners lacked standing. Schmidt had once again joined in an action brought by Texas Attorney General Ken Paxton.[76]

Other

In 2016, Schmidt created a new Fraud and Abuse Litigation Division to prosecute financial crimes and elder abuse.[77]

In 2017, Schmidt's colleagues elected him to serve a one-year term beginning in 2018 as president of the National Association of Attorneys General (NAAG), an office which rotates on a regional basis.[78][79][80]

Schmidt hired Toby Crouse as the Kansas Solicitor General.[81] Crouse left the office after being appointed by Trump to the Kansas federal district court.[82]

Schmidt has given

Immigration Reform and Control Act (IRCA) does not preempt "Kansas's application of its state identity-theft and fraud statutes to the noncitizens in this case."[85]

Campaign for Kansas governor

In March 2021, Schmidt became the first major Republican candidate to enter the race against incumbent Democrat Laura Kelly for

governor of Kansas in the 2022 election cycle. Schmidt named former Kansas Republican Party Chairman Kelly Arnold as his campaign treasurer.[74] A Schmidt-aligned political action committee, Our Way of Life PAC, launched the previous week and announced plans to spend money in a push to unite Republicans around Schmidt.[86] One of Schmidt's opponents in the Republican primary election was former governor Jeff Colyer,[74][86] but Colyer dropped out of the race for the nomination due to ill health in August 2021, and endorsed Schmidt.[87]

Schmidt said he would "welcome" the support of former president Donald Trump in the race and said he felt Trump's agenda "was very good for Kansas."[88] Schmidt was endorsed by Colyer and Trump, and also by former vice-president Mike Pence and former secretary of state Mike Pompeo.[89][90] Several months before Bob Dole died in December 2021, he issued an endorsement of Schmidt for governor, jointly with his fellow former senator Pat Roberts.[91]

Schmidt did not receive the endorsement of three of his former Republican superiors: former governor Bill Graves, former United States Senator Nancy Kassebaum, and former Kansas Attorney General Carla Stovall. They all endorsed Kelly in the race, as Graves and Kassebaum had done four years earlier against a different Republican nominee.[92] Kelly won the general election by a narrow margin.

2024 U.S. House campaign

On April 26, 2024, Schmidt announced that he would run for the U.S. House of Representatives in Kansas's 2nd congressional district, seeking to succeed U.S. representative Jake LaTurner, who had announced his retirement a week before.[93]

Electoral history

Kansas State Senate 15th District Republican Primary Election, 2000[94]
Party Candidate Votes %
Republican
Derek Schmidt 7,002 58.20
Republican
Virgil Peck, Jr. 5,029 41.80
Kansas State Senate 15th District General Election, 2000[95]
Party Candidate Votes %
Republican
Derek Schmidt 17,230 73.41
Democratic
Johnetta Shelton 6,240 26.59
Republican
hold
Kansas State Senate 15th District General Election, 2004[96]
Party Candidate Votes %
Republican
Derek Schmidt (Incumbent) 24,307 100.00
Republican
hold
Kansas State Senate 15th District General Election, 2008[97]
Party Candidate Votes %
Republican
Derek Schmidt (Incumbent) 24,259 100.00
Republican
hold
Kansas Attorney General Republican Primary Election, 2010[7]
Party Candidate Votes %
Republican
Derek Schmidt 208,611 76.30
Republican
Ralph De Zago 64,493 23.60
Kansas Attorney General General Election, 2010[8]
Party Candidate Votes %
Republican
Derek Schmidt 458,497 54.90
Democratic Steve Six (Incumbent) 349,340 41.80
Libertarian
Dennis Hawver 26,867 3.20
Republican gain from Democratic
Kansas Attorney General General Election, 2014[98]
Party Candidate Votes %
Republican
Derek Schmidt (Incumbent) 564,766 66.70
Democratic AJ Kotich 281,105 33.20
Republican
hold
Kansas Attorney General General Election, 2018[99]
Party Candidate Votes %
Republican
Derek Schmidt (Incumbent) 599,773 59%
Democratic Sarah G. Swain 410,881 41%
Republican
hold
Kansas Governor General Election, 2022[100]
Party Candidate Votes %
Democratic Laura Kelly (Incumbent) 492,209 49%
Republican Derek Schmidt 471,323 47%
Independent Dennis Pyle 20,057 2%
Libertarian Seth Cordell 10,888 1%
Democratic hold

References

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External links

Kansas Senate
Preceded by Majority Leader of the Kansas Senate
2005–2011
Succeeded by
Party political offices
Preceded by
Attorney General of Kansas

2010, 2014, 2018
Succeeded by
Preceded by
Kris Kobach
Governor of Kansas
2022
Most recent
Legal offices
Preceded by Attorney General of Kansas
2011–2023
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