Derek Schmidt
Derek Schmidt | |
---|---|
Attorney General of Kansas | |
In office January 10, 2011 – January 9, 2023 | |
Governor | Sam Brownback Jeff Colyer Laura Kelly |
Preceded by | Stephen Six |
Succeeded by | Kris Kobach |
Majority Leader of the Kansas Senate | |
In office January 10, 2005 – January 10, 2011 | |
Preceded by | Lana Oleen |
Succeeded by | Jay Emler |
Member of the Kansas Senate from the 15th district | |
In office January 8, 2001 – January 10, 2011 | |
Preceded by | Tim Emert |
Succeeded by | Jeff King |
Personal details | |
Born | Derek Larkin Schmidt January 23, 1968 |
Political party | Republican |
Spouse | Jennifer Schmidt |
Education | University of Kansas (BA) University of Leicester (MA) Georgetown University (JD) |
Derek Larkin Schmidt
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
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
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]
In April 2020, Democratic governor
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
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
Planned Parenthood
In
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
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
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
Joining challenge to 2020 presidential election results
On December 8, 2020,
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
Campaign for Kansas governor
In March 2021, Schmidt became the first major Republican candidate to enter the race against incumbent Democrat Laura Kelly for
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
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt | 7,002 | 58.20 | |
Republican
|
Virgil Peck, Jr. | 5,029 | 41.80 |
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt | 17,230 | 73.41 | |
Democratic
|
Johnetta Shelton | 6,240 | 26.59 | |
Republican hold
|
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt (Incumbent) | 24,307 | 100.00 | |
Republican hold
|
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt (Incumbent) | 24,259 | 100.00 | |
Republican hold
|
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt | 208,611 | 76.30 | |
Republican
|
Ralph De Zago | 64,493 | 23.60 |
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
|
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt (Incumbent) | 564,766 | 66.70 | |
Democratic | AJ Kotich | 281,105 | 33.20 | |
Republican hold
|
Party | Candidate | Votes | % | |
---|---|---|---|---|
Republican
|
Derek Schmidt (Incumbent) | 599,773 | 59% | |
Democratic | Sarah G. Swain | 410,881 | 41% | |
Republican hold
|
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
- ^ a b Derek Larkin Schmidt, OpenSecrets (last accessed September 19, 2020).
- ^ "GOP Kansas attorney general launches campaign for governor". AP NEWS. March 9, 2021. Retrieved March 10, 2021.
- ^ "Hall Center selects state Sen. Derek Schmidt as first Simons Fellow" (Press release). University of Kansas Hall Center for the Humanities. January 26, 2006.
- ^ a b c Tim Carpenter, Schmidt ousts Six in AG race, Topeka Capital-Journal (November 2, 2010).
- ^ House majority leader elected to Kansas Senate, Morning Sun (November 27, 2010).
- Topeka Capital-Journal. October 21, 2010.
- ^ a b "2010 Primary Election Official Vote Totals" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ a b "2010 General Election Results" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ Schmidt's pledge to join ACA challenge bolstered candidacy, Kansas Health Institute News Service (March 26, 2012).
- ^ Celia Llopis-Jepsen, A.J. Kotich, labor attorney and former A.G. candidate, dies at 69, Topeka Capital-Journal (October 22, 2015).
- ^ Mark Davis, Kansans vote Republican in state offices despite making Democrat Laura Kelly governor, Kansas City Star (November 6, 2018).
- ^ Wichita Eagle, Jonathan Shorman, Amy Renee Leiker and Michael Stavola, April 8, 2020. Retrieved April 9, 2020.
- Wichita Eagle, Jonathan Shorman, April 6, 2020. Retrieved April 9, 2020.
- ^ Kansas Supreme Court says executive order banning religious service of more than 10 people stands, KMBC, April 11, 2020. Retrieved April 12, 2020.
- ^ John Hanna (April 19, 2020). "Judge doubts Kansas COVID-19 rule, blocks it for 2 churches". Associated Press.
- ^ a b Carylynn Stark & Jonathan Shorman, Kansas governor to issue less restrictive coronavirus rules beginning May 4, Kansas City Star (April 25, 2020).
- Kansas City Star, Katie Bernard and Jonathan Shorman, April 2, 2021. Retrieved June 24, 2021.
- Kansas Reflector, Tim Carpenter, June 24, 2021. Retrieved June 24, 2021.
- ^ Schmidt, Derek (December 5, 2016). "Rein in federal agencies and illegal regulations". Wichita Eagle. Wichita, Kansas. Retrieved July 30, 2017.
- ^ a b Leblanc, Aileen (August 12, 2016). "Kansas Among States Challenging New EPA Regulations on Oil and Gas Industry". KMUW. Wichita, Kansas. Retrieved July 30, 2017.
- ^ a b c Hurley, Lawrence; Volcovici, Valerie (February 9, 2016). "U.S. Supreme Court Blocks Obama's Clean Power Plan". Scientific American. New York, NY. Retrieved July 30, 2017.
- ^ Kansas joins lawsuit against the Clean Power Plan, [Wichita Eagle], August 14, 2015.]
- ^ Schmidt, Derek (January 12, 2011). "Full text: Kansas Attorney General Schmidt's letter about health care reform". Kansas City Business Journal. Retrieved February 11, 2011.
- Kansas City Star. Archived from the originalon January 15, 2011.
- ^ Warren Richey, How John Roberts upheld health-care law while limiting congressional power, Christian Science Monitor (June 28, 2012).
- ^ National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012).
- PMID 22869643. Retrieved July 30, 2017.
- Vox.com, Dara Linddara, September 1, 2017. Retrieved September 2, 2017.
- Texas Tribune, Julián Aguilar, June 29, 2017. Retrieved September 2, 2017.
- ^ SPLC denounces letter from 10 Attorneys General seeking "cruel and heartless" repeal of DACA, Southern Poverty Law Center, June 30, 2017.
- Lawrence Journal World, Peter Hancock, December 8, 2014. Retrieved June 7, 2019.
- ^ a b Health Hollingsworth, Judge orders Kansas to let gay couples marry, Associated Press (November 4, 2014).
- ^ a b Kansas AG Derek Schmidt dismisses state court case against gay marriage, Associated Press (July 1, 2015).
- ^ a b Bryan Lowry, Supreme Court lifts hold on same-sex marriage in Kansas, Wichita Eagle (November 12, 2014).
- ^ a b Planned Parenthood of Kansas v. Andersen, 882 F.3d 1205 (10th Cir. 2018), cert. denied, 139 S. Ct. 638 (2018).
- ^ Ariane de Vogue, Supreme Court sides with Planned Parenthood in funding fight, CNN (December 10, 2018).
- ^ Kansas Paid Outside Law Firms $899,000 In Losing Effort To Defund Planned Parenthood, KMUW, Dan Margolies, May 21, 2019. Retrieved June 18, 2021.
- ^ Dion Lefler, Kansas AG Asks Supreme Court to Block Voter-Approved Marijuana Measure, Governing (April 10, 2015).
- ^ Kelsey Ryan, Kansas Supreme Court strikes down Wichita marijuana initiative (+videos), Witchita Eagle (January 23, 2014).
- ^ a b Compound in marijuana now legal in Kansas with caveat, Associated Press (June 9, 2018).
- ^ Atty. Gen. Op. No. 2018-05, Kanas Attorney General Derek Schmidt (January 24, 2018).
- ^ Atty. Gen. Op. No. 2018-10, Kanas Attorney General Derek Schmidt (August 24, 2018).
- ^ Attorneys general from 33 states urge banking reform for pot industry, Associated Press, May 8, 2019. Retrieved June 3, 2019.
- ^ Around the nation, The Washington Times, October 26, 2008. Retrieved July 15, 2017.
- ^ a b "Kan. board delays decision on Obama, ballot". Associated Press. September 13, 2012 – via DeseretNews.com.
- ^ "Kansas Republicans: We need to see Obama's birth certificate". CBS News. September 14, 2012.
- ^ "Obama to appear on Kansas ballot after 'birther' challenge dropped". CNN. July 15, 2012.
- ^ "Editorial: Shame on Kobach". Witchita Eagle. September 19, 2012.
- ^ Bryan Lowry, AG Derek Schmidt files brief in support of case to force Democrats to field Senate candidate, Wichita Eagle (September 25, 2014).
- ^ a b Dave Helling, Shawnee County District Court panel rules Democrats don't have to put Senate nominee on ballot, Kansas City Star (October 1, 2014).
- ^ Wichita Eagle, Chance Swaim, July 21, 2019. Retrieved November 4, 2019.
- Kansas Secretary of State. Retrieved November 6, 2019.
- Wichita Eagle, Dion Lefler and Chance Swaim, November 1, 2019. Retrieved November 5, 2022.
- Wichita Eagle, retrieved November 4, 2022.
- Wichita Business Journal, December 1, 2020. Retrieved November 5, 2022.
- ^ [1], Ballotpedia, Shelby Kellerman. Retrieved November 6, 2022.
- Kansas City Star, December 12, 2020. Retrieved December 11, 2020.
- ^ Trump thought courts were key to winning. Judges disagreed, Associated Press, Coleen Long and Ed White, December 8, 2020. Retrieved December 11, 2020.
- ^ "Trump thought courts were key to winning. Judges disagreed". AP NEWS. December 8, 2020. Retrieved December 11, 2020.
- ^ Liptak, Adam (December 8, 2020). "Texas files an audacious suit with the Supreme Court challenging the election results". The New York Times. Retrieved December 11, 2020.
- ^ "17 states, and Trump, join Texas request for Supreme Court to overturn Biden wins in four states". Dallas News. December 9, 2020. Retrieved December 11, 2020.
- ^ Platoff, Emma (December 8, 2020). "In new lawsuit, Texas contests election results in Georgia, Wisconsin, Michigan, Pennsylvania". The Texas Tribune. Retrieved December 11, 2020.
- ^ "'Publicity stunt': AGs in battleground states blast Texas counterpart for challenging Biden's win". NBC News. December 8, 2020. Retrieved December 11, 2020.
- ^ Lindell, Chuck. "Ken Paxton asks Supreme Court to block Joe Biden victory in 4 battleground states". Austin American-Statesman. Retrieved December 11, 2020.
- ^ Liptak, Adam (December 8, 2020). "Texas files an audacious suit with the Supreme Court challenging the election results". New York Times. Retrieved December 11, 2020.
- ^ "List: The 126 House members, 19 states and 2 imaginary states that backed Texas' challenge to Trump defeat". The Mercury News. December 12, 2020. Retrieved February 12, 2021.
- ^ "Trump and his GOP loyalists seek to pile on Supreme Court election challenge". ABC News. Retrieved December 11, 2020.
- ^ Phillips, Amber (December 11, 2020). "Why the Texas lawsuit to overturn the 2020 election may be the most outlandish effort yet". The Washington Post. Archived from the original on December 11, 2020. Retrieved December 11, 2020.
- ^ Platoff, Emma (December 10, 2020). "With election lawsuit, Ken Paxton — like Donald Trump — makes a Hail Mary play". The Texas Tribune. Retrieved December 11, 2020.
- ^ Supreme Court Rejects Texas Suit Seeking to Subvert Election, The New York Times, December 11, 2020. Retrieved December 12, 20202.
- ^ Kansas AG who joined a bogus lawsuit to overturn the election is part of the circus, Wichita Eagle (December 11, 2020).
- ^ King, Joey Garrison and Ledyard. "12 Republican state attorneys general sue President Biden over climate change order". USA TODAY. Retrieved March 11, 2021.
- ^ Jeanne Kuang & Katie Bernard (March 8, 2021). "Missouri, Kansas AGs sue Biden administration to stop greenhouse gas regulations". Kansas City Star.
- ^ a b c John Hanna (March 9, 2021). "GOP Kansas attorney general launches campaign for governor". Associated Press.
- ^ "Kansas AG joins states fighting federal election changes". Country 101.3 KFDI. Retrieved March 11, 2021.
- Wichita Eagle, Bryan Lowry, June 17, 2021. Retrieved June 18, 2021.
- ^ Brown, Zoe. "Derek Schmidt, Scott Schwab propose voter fraud be prosecuted by attorney general, local prosecutors". KCTV Kansas City. Retrieved June 6, 2019.
- ^ Carpenter, Tim (June 23, 2017). "Kansas Attorney General Schmidt to lead national AG organization". Topeka, KS: Topeka Capital-Journal. Retrieved July 30, 2017.
- ^ Gartner, Alec (June 8, 2018). "Trump cabinet member talks consumer protection in Topeka". KSNT. Retrieved June 6, 2019.
- ^ National Association of Attorneys General, Ballotpedia. Retrieved June 24, 2021.
- ^ a b Kalvis Golde, Three grants and you're out (of coffee). SCOTUSblog (October 5, 2019).
- ^ Sarah Motter, AG Schmidt welcomes new Federal District Court Judge, WIBW (November 18, 2020).
- ^ "Data". www.oyez.org.
- ^ "Info". www.oyez.org.
- ^ "Kansas v. Garcia". Oyez.
- ^ a b Bahl, Andrew. "Former Gov. Jeff Colyer signals he will launch 2022 bid to reclaim governorship". The Topeka Capital-Journal. Retrieved March 10, 2021.
- ^ Jonathan Shorman & Katie Bernard, Jeff Colyer drops out of Kansas governor’s race following prostate cancer diagnosis, Kansas City Star (August 30, 2021).
- ^ Bahl, Andrew. "The governor's race is officially underway. What role will Sam Brownback and Donald Trump play?". The Hutchinson News. Retrieved March 10, 2021.
- Kansas City Star(Oct 11, 2022).
- ^ Sloan, Nick. “In video, Trump endorses Derek Schmidt in Kansas governor’s race”, KCTV (Oct 23, 2022).
- ^ Tal Axelrod (July 6, 2021). "Bob Dole, Pat Roberts endorse Kansas AG Derek Schmidt for governor". thehill.
- ^ Bahl, Andrew. "Former Republican A.G. Carla Stovall backs Laura Kelly in Kansas governor's race". The Topeka Capitol Journal.
- ^ Shorman, Jonathan; Desrochers, Daniel (April 26, 2024). "Derek Schmidt, former Kansas AG, launches campaign for Congress promising to 'fight back'". The Kansas City Star. Retrieved April 26, 2024.
- ^ "2000 Kansas Primary Election Results (Kansas Senate)" (XLS). Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ "2000 Kansas Official General Election Results". Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ "2004 Kansas General Election Results (KS Senate)" (XLS). Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ "2008 Official General Results" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ "2014 General Election Official Results" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
- ^ "2018 General Election Unofficial Results". Kansas Secretary of State's Office. Archived from the original (PDF) on October 9, 2019. Retrieved December 10, 2018.
- ^ "Unofficial Kansas Election Results". ent.sos.ks.gov. Archived from the original on October 9, 2019. Retrieved November 13, 2022.
External links
- Project Vote Smart profile
- Follow the Money campaign contributions
- Governor Campaign website
- Appearances on C-SPAN