Sandra Day O’Connor to Weigh in on Far Right Demonization of Justices in Iowa

As a number of bloggers have noted and as the Des Moines Register has reported, a far right Christianist PAC inappropriately named Common Sense PAC which has the announced goal of unseating the three justices of the Iowa Supreme Court who face a retention vote on Nov. 2: David Baker, Michael Streit and Chief Justice Marsha Ternus. Their sin? Joining in the unanimous ruling that struck down Iowa's ban on same sex marriage. As is the norm, the members of the PAC claim that they are opposed to an "out of control judiciary" - except, of course, when the ignorant theocrats agree with a court's ruling. Then, the complaints mysteriously vanish.
*
Now an unexpected force is moving on to the scene in Iowa - former U.S. Supreme Court Justice Sandra Day O'Connor who was often viewed as that Court's swing vote. O'Connor very much opposes an elected judiciary - something the opponents of the Iowa justices support - and having lived in both Alabama and Texas where judges and justices are elected, I agree with her - and Timothy Kincaid. Appointed judges and justices have their flaws, but generally some level of minimum competence is preserved (I take exception in respect to two judges on the Norfolk Circuit Court when I state this opinion). With an elected judiciary, all bets are off and money and campaigning skills count as opposed to potential competence on the bench. I recall one Alabama judge who pretty much everyone came to deem to be literally insane after he was elected to the bench. Fortunately, he was ultimately removed from office, but not before doing a great deal of damage to litigants and discrediting the legal system in general. Box Turtle Bulletin has some details on O'Connor's involvement in Iowa. Here are some highlights:
*
For 25 years Sandra Day O’Connor’s opinion mattered more than just about anyone in the country. Appointed in 1981 to be the first woman to sit on the Supreme Court, O’Connor was positioned such that half the court was more conservative and half the court was less so. There were very few decisions in which O’Connor was on the losing side and a great many where her judicial thinking determined the course of the nation’s laws.
*
Upon retiring, O’Connor was asked what she predicted for the court in the 21st Century. The jurist replied that just as matters of race had dominated the court during the 20th Century, the upcoming years would focus on matters of sexual orientation.
*
Now, even though she has stepped down from the SCOTUS, O’Connor will be – at least tangentially – addressing same sex marriage.
*
Next week the Iowa State Bar Association will host a panel to discuss judicial appointment, and O’Connor will come to advocate for experience, temperament, and merit as qualifiers rather than populist appeal. Sandra Day O’Connor will take part in a panel discussion Sept. 8 advocating judge retention based on merits rather than political whim.
*
I agree with her that the people are best served by having one governmental branch that is not subject to the whim of the latest political trend or the most affluent contributor.