Letter to the editor: Vote ‘yes’ on Dave Wiggins’ judicial retention
November 5, 2012
In 2009, the Iowa Supreme Court made a unanimous legal decision to overturn the gay marriage ban, citing that it went against a part of the Iowa Constitution that stated that any privileges and immunities, like marriage, cannot be given to a select people, but must be available to all.
In 2010, conservative activists used the retention law to oust three of the seven justices that made the decision.
This election cycle, the plan is to try to oust the latest one, Justice Dave Wiggins, which would be a grave mistake.
Retention was originally intended to remove those deemed unfit to serve or those involved in illegal activities, never to be used for political gain or political motives.
The religious conservatives are trying to define the court as a political entity, an entity that can be subjected to the will of the people en masse as opposed to the will of the Constitution and rule of law.
It flies in the face of our very founding to treat the Supreme Court in such a manner.
Since the Marbury v. Madison decision, which deemed the court as the interpreter of the Constitution, it has been the sole right of the Supreme Court to decide what laws do and do not follow the Constitution.
The conservatives would seek to turn court seats away from being sacred positions of law and order, an impartial court meant to uphold the constitution, into a seat of partisan favoritism.
How can a court be impartial when they now have to worry about “being elected” to their seat?
This is not an issue of gay rights or religious rights; this is an issue of government and the functions of government.
If you want a court that
is interested in upholding the law, a court that does not have
its decisions based in political consequence but the Constitution instead, if you want a court that tries to serve the Iowa people through upholding its function, then I urge to vote YES on retaining Justice Dave Wiggins on the back of your ballot and stop the attempts to redefine our court system in Iowa.