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Iowa Holds A Major Judicial Election You’ve Heard Next to Nothing About

The Hawkeye State may be holding the most important election of the year. It's not the contest for governor or U.S. House, but for a trio of judges who ran roughshod over the Constitution and the will of the people.

by
Bryan Preston

Bio

October 12, 2010 - 12:00 am
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“This year we have three justices up for retention. And I thought what a great opportunity to say that this is not acceptable.  I stand for traditional marriage, but this goes beyond that in that these justices and judges are way out of control in our nation.  You’re losing your freedom whether you’re gay or straight in this nation because the justices and judges consider themselves supreme. They have blown off 160 years of state law and the will of the people.”

Our liberties we prize and our rights we will maintain.

Bob Vander Plaats, leader of Iowa For Freedom, agrees. “This isn’t just about gay marriage. It’s about a court attempting to legislate and amend the Constitution from the bench, which endangers all of our freedoms. That’s tyranny. What you’re gonna see is the people of the heartland hold an activist court in check by voting three justices off the bench.”

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Don’t think for a minute that the anti-DOMA forces are taking any of this lying down. The ACLU, the unions, and a group called Justice Not Politics (which is ironically decrying the “politicization” of the retention election, since its entire coalition is made up of overtly political groups) are all battling on the airwaves on behalf of the justices. They even brought in former U.S. Supreme Court Justice Sandra Day O’Connor to echo their pro-judge “politicization” line, only to have the other side respond with a quote from O’Connor in which she said it was perfectly fine to oust the judges on a vote of the people.

The justices themselves are taking their first electoral peril seriously, so seriously that one of them may have crossed a line.

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Last Monday Justice Streit swore in all the new attorneys, and I had several friends who were up there taking their oaths swearing in to the bar. And he gave a speech of ten things that they needed to do to be successful attorneys, to be good attorneys. And number ten was to vote for retention.

Along with Chief Justice Marsha Ternus and Justice David Baker, Justice Michael Streit is among the three up for retention — or not — this year. Thus, his admonition on being a good lawyer carries more than a whiff of self-interest, and maybe a hint of panic. But the bar that picked him still loves him, and all the other justices too for that matter.

Current polls have the retention vote too close to call, but Vander Plaats already senses a kind of victory.  “Iowans are talking about the Constitution, about standing up for their rights and facing down these judges. We’re experiencing victory right now.”  And he explains why this fight over three judges in Iowa may have such a huge effect nationally. “If we do this in Iowa, it will give citizens hope that we can hold the courts in check.  That’s not just about any one issue, but about all of them: property rights, freedom of speech, everything.”

Our liberties we prize and our rights we will maintain.

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Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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37 Comments, 22 Threads, 1 Trackbacks

  1. 1. Marc Malone

    This Civil Cold War is going on all over the country. It is time to root out the rot.

    • Mark Matis

      Do not for one minute assume this will be a Cold war. The entrenched powers have their enablers armed and charged to do their bidding. Vote fraud is unchecked – the voter rolls are KNOWN to have massive inaccuracies, yet the government does nothing about it. “Law Enforcement” has shown NO interest in dealing with criminal violations of election law – just look at the black terrorists at that Philadelphia polling place for an example. Or the current disenfranchisement of military voters by MULTIPLE state elections offices. At some point this will become a HOT civil war. Be prepared, or be surprised. The choice is yours. For now, anyway.

      • Anonymous

        Be prepared, and ready..for just about anything that will/might happen.
        Surprised is your own fault.

      • Yep…it is not only in Chicago that the dead vote early and often!

  2. 2. canuck

    This needs to happen but further we need to begin the process of having the people not the politicians decide whether federal judges should be retained. These are the most dangerous people in the country and a modicum of oversight needs to be provided by at least a retention vote in the circuit to which they are appointed.

    • sally

      Most people do not pay attention to the elections, much less what is going on.
      This has led us to where we are now. We need to do a better job of helping ourselves.
      Volunteer, man the phones, hand out flyers, do your part to alert the non voters that they are needed or we are going to lose ourselves!

  3. Marc Malone

    And this is a good place to start it.

  4. 4. Banjo

    So the ACLU and the labor unions are backing the incumbent judges. What more do Iowans need to know?

    • Carol

      “Anything”, anything the ACLU and unions support is suspect and all people need to question.

      Iowa voters need to send a message that they will no longer be bullied and it carries over to all Americans. So far we have proven to be a body of whiners not doers.

      …this is our government, not the politician’s (judge’s) government and we need to let them know it.

    • carolannie

      Since the vote is “too close to call,” it seems Iowans need to know a whole lot more.

    • Dave

      I’m an Iowan, and I’ll tell you what I already know. The judges in Iowa did
      exactly as they are supposed to do. They found exclusion of some citizens from the opportunity of marraige to be un-Constitutional.
      They found this prospect and fair right to do no harm to anyone, in fact, its true that divorce has decreasedin Iowa sinse that decision.

      Judges are not supposed to follow the majority opinion of the day – they rule independently. You simply do not like what they decided.
      If you want to save marraige – make sure your relatives date a very long time and understand the troubles they will face.
      If you think going forth with same gender marraige is the end of our society, you have been fed a load of bull. Talk to gay people, not just about them. Otherwise, you could be considered an ill-informed coward. Iowa is a great place to live!.

  5. A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate. -Thomas Jefferson. Enough said.

  6. 6. L.E. Liesner

    Unless it is a rout, the counters of the vote make the difference. Thomas Jefferson said it best “When injustice becomes law, then rebellion becomes duty.”

  7. 7. L.William Law

    Damn!
    God Bless Iowa! We are rooting for ya!

  8. 8. Richard

    I’m a little tired of hearing “judicial activism” every time a court renders a ruling that a conservative doesn’t like.

    Ruling a law unconstitutional isn’t judicial activism, its the rightful prerogative of the court as a check against legislative power. The court isn’t supposed to reject or accept laws based on a public opinion poll, it is supposed judge the basis for the law when it considers constitutionality. I haven’t read the deciding opinion on this case, but based on this article the author leaps to the conclusion of “judicial activism” because the court’s decision was unpopular.

    • sl

      Richard #8…. don’t waste your time reading the deciding opinion. You need to read the constitution. Here’s an excerpt: No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a ……..

      • wGraves

        That’s not a part of the Constitution. It’s found in

        * United States Code
        o TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
        + PART V – PROCEDURE
        # CHAPTER 115 – EVIDENCE; DOCUMENTARY
        * Section 1738C
        o Section 1738C. Certain acts, records, and proceedings and the effect thereof

        So if there are constitutional issues which override it, they trump.

      • think

        “…of any other State….”

        That is correct. The Iowa Supreme court ruling is an Iowa ruling.

    • MissAnthropy

      When people complain about “judicial activism” they are referring to the phenomenon of judges entertaining -novel- interpretations of the Constitution explicitly for the purpose of enabling or quashing particular legislation. And the phenomenon is very real. Do you really believe the Framers of the Constitution ever intended for the Commerce Clause to be interpreted in such a manner that the Federal government could dictate what an individual farmer grows on his own land for his own consumption? Or that the Federal government can mandate that every individual citizen enter into a business contract with another party? It’s ridiculous.

  9. 9. Redball6

    So-Richard says ” I’m a little tired of hearing “judicial activism” every time a court renders a ruling that a conservative doesn’t like.

    SO Richard you were absent for the last five thousand years of all cultures, where all cultures (with the possible exception of the Bedouin and a few Mormons) believe marriage to be one man one woman which is a hetrosexual union. You missed that?.

    Hmm, do you recall we protect the rights of the minorities, grant every or almost every right to “Gay” couples? including their right to bring up children. (still a big question for many many people) we have hate crime legislation? Richard your gonna pass that off?, because you think we (who are we Richard?) are conservative? Richard how shallow! of you.

    Richard; Power hates a vacuum, consequently activism left unchecked results eventually in rebellion for when enough
    oxes are gored folks wind up hopefully in the voting booth, if that does not remedy a situation they find unacceptable we will then shortly find ouselves in the street armed. Thats not a good prospect for anyone.

    Judicial activism is just as dangerous as any other left unchecked. Iowans may lead the way for the rest of us and “US”

    Check “6″

  10. 10. Mark E

    Anyone taking odds on the supremes ruling that the judge retention process is unconstitutional?

  11. 11. jschau

    It’s high time Iowa amended its rules about judicial candidates. Having an ABA recommendation should be a black mark against that person. The ABA represents a very small, very liberal faction of attorneys, and certainly doesn’t speak for the majority of lawyers. I quit the ABA decades ago for that very reason – extreme left wing views proffered as representing the views of the membership. Better to use a merit system, have practicing lawyers and judges make recommendations of qualified candidates. Bravo Iowa for taking steps to remedy the problem. Many of us are sick of out of control judges overturning the will of the people.

    • mememe

      Strictly up to the Iowa voters, so far they have put up with a lot of bull and done nothing. Campaign ads against such judges should be run 24/7. Vote these 3 out and the others will start to take heed.

      Most people, me included, do not usually pay a lot of attention to judges..we, me, need to and vote the @$$es out of office!

  12. 12. Mark Reardon

    It’s happening in Colorado too! The chielf justice has allready retired rather than face the voters.
    http://www.clearthebenchcolorado.org/

  13. 13. Sapwolf

    Unbelievable.

    If judges behaved like that in many other countries, they would be assassinated, or riots would be in the streets.

    Remember to vote them out people of Iowa. Just a shocking situation.

  14. 14. Geppetto

    Go Iowa!

  15. 15. jetstream

    Soros has another insidious project in place besides the Secretary of State takeover to pervert a valid election process.

    His Open Society Institute “has spent at least $45.4 million to promote the so-called merit selection system and reduce the influence of citizens and their elected representatives when it comes to picking judges.”

    Do you know what’s going on in your state?

  16. 16. jetstream

    Soros has another insidious project in the works besides the Secretary of State takeover to pervert valid elections.

    His Open Society Institute “has spent at least $45.4 million to promote the so-called merit selection system and reduce the influence of citizens and their elected representatives when it comes to picking judges.”

    Do you know what’s going on in your state?

  17. 17. BadTurtle

    I live in Iowa and there is very little coverage of the upcoming retentions except on talk radio. I have talked to many of my friends and co-workers here and asked them to vote no on retention.

    BTW, when I was old enough to vote my father told said this to me: “I am not going to tell you which party to vote for or which candidate to vote for, I want you to research them, their views, their policies, and if they are an incumbent, whether or not they have stuck by their promises, and then pick the one that best represents your views. And no matter what always vote NO on ALL judges!”

    • iowan for equality

      There have been numerous town discussions in Iowa
      about the retention vote.

      I live here and I see the coverage. Talk radio covers only
      the campaign to vote them out. They never debate or try to discuss. Its like a marathon campaign editorial. Sad.

  18. 18. tom

    i’m wondering now if badturtle may be a brother of mine. My dad said basically the same thing, no on all judges(they need a little heat on them)though he did also say that he would vote for elected office candidates he knew and liked. If he didn’nt know either, he’d determine which one was a lawyer and vote for the other guy. good policy I believe to this day.

  19. 19. Spinoneone

    Yea, well, having been born in Newton I think I can say my Iowa relatives are into this one. They want to amend the Iowa Constitution to take this issue out of the hands of the Supremes. That is probably the best solution, except that I recall the California supremes ruled that the people couldn’t amend their constitution if the amendment itself was ipso facto “unconstitutional”. Now, is that a judicial oxymoron or what!?

    • Not at all. That is what judges are suposed to do. Their job is to ignore popular whim or polling or emotional movements.

      They voted well last year. Vote YES to RETAIN the JUDGES. Its intelligent.

  20. 20. Will

    I’ve already voted and it’s not in the judges favor……A very concerned American

  21. 21. jmm

    already got my absentee ballot—i’m out of town
    straight republican and no on the judges, boot them all out!

  22. 22. k-i-a

    The description of the retention process in this article is inaccurate. The state bar does not forward names of candidates to the governor. The nominating commission is comprised of an equal number of laypeople appointed by the governor and lawyers elected to the commission by fellow lawyers.

    As an Iowan with firsthand knowledge of the high caliber and integrity of our justices and judges, I voted yes for retention.

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