Eagle Forum Legislative Alerts

Wednesday, December 01, 2010

Judges Get Their Comeuppance

The most important decision the voters made on November 2 may turn out to be Iowa defeating three state supreme court judges who had voted to make same-sex marriage constitutional, contrary to the wishes of the people in Iowa and their elected representatives. The reverberations are cascading nationwide, and we hope this landmark election signals the beginning of the end of rule by arrogant supremacist judges.

The Founding Fathers designed the judiciary to be the weakest of the three branches of government. But supremacist judges over the last half century have expanded the judiciary into the most powerful branch of government, making policy decisions on the most vital and controversial issues of the day. The Iowa state legislature had defined marriage as the union of one man and one woman. But the state supreme court decided to overrule the legislature and make Iowa the first state in the midwest to permit same-sex marriage.

Some states elect their state judges in a general election in which candidates run against each other. Iowa is one of the states that, instead, use what is called the Missouri Plan. Under this procedure, the governor appoints state judges from a very small list of nominees chosen by the state bar association and then, after a term of years, the judge goes on the ballot, without any opponent, where the people can simply vote Yes to retain him in office or No to bounce him out. If the judge gets a majority of Yes votes, he wins "retention" and serves another term. If not, he is history. The three Iowa judges were booted out of office when they received only 45% approval on November 2nd. The voters fired the three Iowa judges who voted to impose same-sex marriage on Iowa.

Listen to the radio commentary here:

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