Topeka ? Having decided to gamble on a potential U.S. Supreme Court decision, senators on Tuesday adopted a resolution urging that court to resurrect the state’s capital punishment law.

Sparking their resolution was a December decision by the Kansas Supreme Court, declaring the 1994 death penalty law unconstitutional over a provision governing how juries weigh evidence for and against execution. Attorney General Phill Kline has promised an appeal.

Prosecutors have urged legislators not to rewrite the law yet, arguing that fixing the statute will lessen the chances the U.S. Supreme Court will take Kline’s appeal and overturn the Kansas court. A U.S. Supreme Court decision is the only way that seven men previously sentenced to die would face execution.

The resolution says “manifest injustice” will occur if the U.S. Supreme Court does not intervene.

The vote for the resolution was 38-1. The measure did not need House approval.

The only “no” vote came from Sen. David Haley, D-Kansas City, who opposes capital punishment.

The death penalty decision also has inspired an effort to require Senate confirmation of Kansas Supreme Court justices. A proposal to amend the state constitution is before the Senate Judiciary Committee, which expected to vote Wednesday on the measure.

Currently, a nine-member nominating commission, with five attorneys as members, screens applications for Supreme Court positions and forwards three nominees to the governor, who makes the appointment.