Sunday, November 7, 2010

Midterm 2010, in perspective...

This is a fascinating story that I am convinced is going to get zero coverage by the big media outlets...

Last Tuesday, the voters in the State of Iowa removed from the State's Supreme Court three judges who decided in favor of allowing same-sex marriage in Iowa under an obscure loophole in the State's Constitution that hadn't been noticed in 160 plus years of the State's history.

This is a big story because of the manner in which Iowa picks it's judges. Iowa adopted what is called the "Missouri Plan" wherein a committee (nonpartisan... if that is possible), made up of lawyers and State bar associates of at least ten years of practice, chooses from amongst itself those it wants appointed to the various benches in the State. Those appointees face a general election after their first year, and every eight years after that. The current rate of a general re-election amongst Iowa's "merit plan" judges is more than 99%... until last Tuesday, that is.

In 2009, the Iowa Supreme Court decided unanimously in Varnum v Brien that Iowa's requirement that marriage be between a man and a woman was unconstitutional. The vast majority of Iowans did not like this decision at all... polling at over 88% against the decision. Most felt that their dislike of the decision stemmed from the Court making the decision, rather than the Legislature... which is a classic example (I think) of the Court legislating from the bench. So, in the first election cycle since the decision, all three of the Justices whose names were up for re-election under the "merit system" plan fell out against the voters. In 2011 and 2012, three more will fall under the microscope... hopefully, with similar results. The voters of Iowa have no say in WHO is appointed to the Bench... but they can chose who stays on the bench after his or her first year... which means that at least three NEW Justices will be on the ballots in either 2011 or 2012, too.

Iowa has been a "blue" state for years now, and will probably stay that way for years to come... but that doesn't mean it is a "liberal" state. Far from, in fact. GOP candidate Chuck Grassley recently won his Senate bid, as did GOP gubernatorial runner Terry Branstad. Iowa is a good representation of the "conservative" values that I think the majority of Americans hold, and these values come rushing to the front when they are challenged by liberals bent on circumventing the republican process, in whatever manner they choose to do it. These values were reflected in the election results last Tuesday, both in Iowa and across the nation as a whole.

I'm sure the DNC was very happy with the Court's ruling in 2009, and very sure that the status quo on the Iowa bench would remain there for many years (given the 99+% re-election rate)... but that all changed. The process is now in the hands of the Iowa voters... and I wouldn't be entirely surprised if the "merit system" wasn't jettisoned with the next batch of liberal judges, too.

If the next two years see this trend in Iowa continue... what impact do you think that is going to have on the Feb. 2012 Iowa Caucus? While it might not be the barometer of the cycle that many make it out to be... it is a HUGE stepping stone in the election process as the FIRST such state-wide event, and no one can deny it is very important in the process of vetting out a viable candidate.

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