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Says vote out judges

October 13, 2010
Toledo Chronicle, Tama News-Herald
Letter to the Editor:

On the ballot Nov. 2nd Iowa will have the chance to vote on retention of three of its appointed Supreme Court Justices. We have the option of voting Yes to Retain, or No to Remove each of these three justices. I will be voting NO on these three Supreme Court justices (Chief Justice Marsha Temus, justice David Baker, and justice Michael Streit).

What is at issue is the fact that for far too long our judges nationwide have been making law and public policy, going beyond their defined role of simply determining if a law is constitutional or not. On April 3, 2009, the Iowa Supreme Court clearly stepped beyond their defined powers and legislated from the bench, directing all 99 counties to redefine marriage in Iowa to include same-sex couples and begin issuing them marriage licenses. These judges usurped the legislative powers of the elected representatives of the people when they made this ruling, and prevented the people of Iowa themselves from voting on this important issue. No less than 31 votes have been held on the issue of same-sex marriage in many other states and not one has passed. When an issue is voted on by the people themselves 31 times and it fails every one of those 31 times, it’s pretty clear what the will of the people is. If the people of Iowa were allowed to vote on same-sex marriage, I have no doubt that Iowa would also vote against redefining marriage to include same-sex couples.The larger issue here transcends the same-sex marriage issue, because if these judges can overrule the Iowa Legislative and Executive branches, overrule 161 years of Iowa law without a vote of the Legislature or the people, and redefine a 5,000 year old tradition that is the bedrock of our civilization, then there is little they can’t do. Whether it’s property rights, the right to own a firearm, who gets to be a citizen, or the role of religion in our society, the judiciary clearly feels that they have absolute authority. This has been an issue in many other states, not just Iowa. In California the Supreme Court even ignored a constitutional amendment on the same-sex marriage issue itself, clearing ignoring the will of the people.

It’s time we set them straight. We, the people, need to let the Iowa Supreme Court justices know that we will not allow them to rule over us unchecked. On election day we can Vote NO on retention of these three justices and send a clear message across the state and the nation that we will not be passive in the face of judicial overreach. Iowa law wisely allows “We, the people” the opportunity to impose a check and balance on the courts, and we must do so in this election on Nov. 2. Please join me in voting NO on retention of all three of these Supreme Court Justices. Be sure to check both sides of your ballot to make sure you don’t miss the judicial portion of the ballot.

Dean Fisher




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