Justice David Wiggins

  • September 24, 2012

    by Jeremy Leaming

    Religious Right activists are again itching to hobble the judiciary by threatening its ability to remain independent from heavy-handed politicos. And again, the Religious Right, not surprisingly, is targeting a state court justice who had the audacity to join a unanimous Iowa Supreme Court in finding that a statewide law banning same-sex marriage violated the state constitution’s equal protection clause.

    In fall 2010 three of the Iowa Supreme Court justices involved in that pro-equality ruling were voted off the bench in so-called retention votes. The effort to oust the judges was led primarily by Religious Right organizations, such as the National Organization for Marriage, which spent at least $200,000 to help reshape the Iowa Supreme Court, by yanking from the bench justices who supported the Iowa Constitution’s protection of fundamental rights. The American Family Association, a longtime Religious Right group, dedicated to demonizing the LGBT community was also instrumental in removing the Iowa Supreme Court justices.  

    Religious Right lobbyists obsessed with making life miserable for the LGBT community are mounting a concerted effort to yank Justice David Wiggins, another of the justices involved in the opinion, from the court. The Des Moines Register reports on the efforts of Bob Vander Plaats, head of the Religious Right lobbying group The Family Leader, and former presidential hopeful Rick Santorum to rally Iowans to vote Wiggins (pictured) off the bench.

    Plaats and his group were also a major force in the 2010 effort to yank justices from the Iowa Supreme Court. The Family Leader describes itself as “a consistent, courageous voice in churches, in the legislature, in the media, in the courtroom, in the public square … always standing for God’s truth.”

    At a rally this morning at the state capitol, former presidential hopeful Rick Santorum argued that the Iowa Supreme Court had sided with freedom over virtue, as Jens Manuel Krogstad wrote for the Register. Santorum and Plaats are on a bus tour of 17 cities to call for the ouster of Wiggins.

    Unlike 2010, the Religious Right effort to remake the state Supreme Court is being answered with an effort organized in part by attorneys and elected officials. The Register noted a counter rally at the capitol where speakers defended the independence of the courts.

  • December 7, 2010
    Guest Post

    By Ian Bartrum, Professor of Law, Drake University Law School
    The results of the judicial elections held here in Iowa last month were, simply put, disappointing. Our Supreme Court (pictured), and our state, lost three extremely talented, highly dedicated public servants -- Justices who have served Iowans very, very well for a number of years. Iowa, like many states, has adopted a version of the Missouri Plan of merit-based judicial selection, and, as part of the plan, the Justices of the Supreme Court appear periodically on the statewide ballot for a retention vote. This year, that vote was held in the shadow of the Court's controversial opinion in Varnum v. Brien, in which the Justices unanimously struck down the state's ban on same-sex marriage. A coalition of socially conservative Iowans, under the loose leadership of former high school principal Bob Vander Plaats, mounted a vigorous campaign to oust those Justices that happened to be up for retention. With the help of a tremendous influx of out of state money, Vander Plaats's campaign succeeded, and we now await the appointment of three new Justices.

    Recently, the American Constitution Society -- along with the Drake Constitutional Law Center, the American Civil Liberties Union of Iowa, and GLBT advocacy group OneIowa -- sponsored a panel discussion on the election and its lessons at the Embassy Club in downtown Des Moines. I moderated a group that included Iowa Supreme Court Justice David Wiggins (in the first public appearance by any Justice since the election), Ben Stone of the ACLU, and Troy Price of OneIowa. Partly owing to the Justice's appearance, we had quite a large turnout and a fair amount of media attention. Two television stations, public radio, and all the local papers were in attendance-and, as the event happened to coincide with the Justices announcing they had picked a new interim Chief Justice, we managed to get lead billing in a number of outlets.

    Justice Wiggins spoke first and expressed heartfelt disappointment over the loss of his colleagues. He emphasized, however, that he had lost faith in neither the Merit Selection system, nor in Iowans' ability to understand and vote on important issues. "It is what it is," he said, conjuring up his best Bill Belichick impersonation, "Now we have to move on." He did say that, in his nearly thirty years in the Iowa Bar, the judicial nominating commission and the Governor have always "picked the very best person for the job." Though he was clearly disappointed with results of the election, he also made it clear that he did not think the system was broken.