Iowa GOP’s war on courts could result in partisan judges
from The Iowa Independent
Starting from the days of Brown v. Board of Education, through Roe v. Wade and up to a federal judge overruling Proposition 8 in California last month, many conservatives have viewed the courts with contempt. The term “judicial activism” is often thrown around, usually meant to convey some variation on the idea that a judge implemented progressive policy against the will of citizens (though in a post-Citizens United world some liberals have taken to using the rhetoric of overreaching court decisions).
While this discussion raged at the national level, it largely bypassed Iowa courts, which through their merit nomination system, were generally viewed as less partisan. That changed with the state Supreme Court’s decision on the Varnum v. Brien case in 2009. In a unanimous decision, the court struck down Iowa’s Defense of Marriage Act, clearing the way for same-sex marriage.
Since that ruling, state Republicans have bemoaned not just the change in marriage laws, but also the structure of the court itself. With Terry Branstad leading in all polls and favored to retake the governor’s office for Republicans this fall, proposals to reshape the court nomination process could have a lasting impact on Iowa’s judicial system.
