In 2010, anti-gay groups spent nearly $800,000 to remove three state supreme court justices who joined the court’s unanimous decision holding that marriage equality is required by the Iowa constitution. Yesterday, Iowa Republican Party chair A.J. Spiker released a statement calling for a fourth justice, Justice David Wiggins, to be removed in November, effectively throwing the GOP’s support behind an effort to retaliate against judges who believe that constitutional guarantees of equality should actually be enforced. According to Spiker’s statement:
In 2010 Iowa voters chose to dismiss three activist judges who allowed their own politics to influence their obligation to uphold the Iowa Constitution. These three were among a handful of judges who chose to disregard years of legal precedent on the status of marriage and how it was to be defined.
Instead of allowing the people of Iowa to decide this issue at the polls, these judges instead chose to impose their will upon the state and re-write history without weighing the merits of our laws and values. Regardless of political pressure or the state of cultural affairs at the moment, it is the people of Iowa through our elections that must be permitted to decide this important issue.
Just as Iowans successfully showed in 2010, it is again time to put a check on this power and reign in an activist judge from his position of misused authority.
Spiker, of course, slammed the U.S. Supreme Court’s decision to uphold the Affordable Care Act, despite nearly 200 years of precedent establishing that health reform is constitutional. So when he claims to oppose “activist judges,” what he really means is that all judges should be required to do what he wants them to do.