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Too Legit to Quit

Nov. 18, 2010 8:21 am
Today's print column.
Elections are about the future, but not time travel.
Bob Vander Plaats, who led the successful push to toss three Iowa Supreme Court justices, and Republican presidential toe-dipper Newt Gingrich, have each said in recent days that four remaining justices on the court should resign. One is on the ballot in 2012, with the others in 2016. But Vander Plaats and Gingrich contend the sound beating three justices took is a clear signal that Iowans have rejected the entire court.
They've seen the future. No reason to wait.
I can't argue with their core assumption. If all seven had been on the ballot, it's likely all seven would have been washed off the court by the undisputable electoral wave.
Trouble is, we don't have an assumption-based system. This will-of-the-people stuff we've been hearing so much about relies on actual votes. You can't win or lose if you're not on the ballot. Democracy is served up one election at a time, as any constitutional strict constructionist can tell you.
In elections, as in life, past performance is not always an indicator of future success or failure. Just think if Vander Plaats had given up after three failed runs for governor. He would have missed his great triumph.
No, the remaining justices can and should keep their jobs until we vote. And even though I don't have a time machine myself, I can tell you that 2012 and 2016 will be different.
They say a week is an eternity in politics. Imagine two years, or six years. In 2016, we could be in year four of a Michael Bloomberg-Joe Scarborough administration, for heaven's sake. By then, legal same-sex marriage could be 7 years old. Or it could be banned. Or an amendment to ban it could be rejected and buried.
Also, I'm betting that Iowans who support the court will be better organized for a fight. Next time, if they get real ambitious, they might even run a TV ad, print up a few yard signs or actually knock on some doors. Less smug tsk-tsking from the bar association, more shoe leather.
And I think we in the media will do a better job sizing up these justices based on their careers and judicial records, instead of dancing to a tune dictated by single-issue crusaders. Judges should be scrutinized as individuals, not as a collective.
Oh, and Newt, butt out.
Politicians like Gingrich talk a good game about the big, bad federal government trampling states' rights. But here he is, prepping to run for top federal dog, sticking his nose into our state's business to score political points. Iowa has been running for nearly 164 years without his advice. I say it should continue.
Comments: (319) 398-8452 or todd.dorman@sourcemedia.net
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