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Plan in Iowa to Impeach Judges Is Dangerous

Op-ed: Activists angry over same-sex ruling are going too far

By Matt Cantor,  Newser Staff

Posted Jan 7, 2011 1:24 PM CST

(Newser) – Throughout US history, “no matter how controversial the case, no state or federal judge has been impeached for an opinion issued from the bench,” writes Bert Brandenburg in the Washington Post. But now, activists in Iowa want to impeach the justices who voted to allow same-sex marriage in the state—and the campaign has dangerous implications for the country.

The activists’ battle amounts to “an assault on constitutional government,” writes Brandenburg. “Impeaching judges to redress political grievances would trigger a political circus that would paralyze government and undermine courts.” It would “spread the word that judges shouldn't follow the law but rather opinion polls and party bosses.” No one’s tried such a move since Thomas Jefferson—and his effort failed. Impeachment should be reserved for “serious misconduct,” like “committing a crime,” not taking a stance.

In this Oct. 25 file photo, a man holds a sign during a rally in Iowa to remove three judges who sanctioned same-sex marriage.
In this Oct. 25 file photo, a man holds a sign during a rally in Iowa to remove three judges who sanctioned same-sex marriage.   (AP Photo/Charlie Neibergall)
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Impeachments of judges were not designed as a tool for this kind of political disagreement. If courts can't make tough calls, they won't be able to uphold the Constitution and protect our rights. - Bert Brandenburg, executive director, Justice at Stake

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COMMENTS
Showing 3 of 45 comments
TessTalks
Jan 8, 2011 8:22 AM CST
The "activists" are nothing but right wing bullys.
johnhay
Jan 8, 2011 8:10 AM CST
Uh, who are YOU to decide what is "too far," dude? If it's in the state constitution, then it's not "too far" by definition. You see, constitutions -- not dudes on blogs -- are how we choose to arrange a nation of laws, not men. If it's "too far," they'll fail; if it's not "too far," they'll succeed. But there's nothing anti-American about trying to remove a judge. There mere fact that it's so rarely successful to impeach a judge -- the notable exception being the corrupt Alcee Hastings (D-FL) who was rewarded for his maleficence with a House seat -- shows that the American people are very sensible about taking the removal of judges seriously. That's not to weigh in on the merits of this removal, but when people take it upon themselves to declare that this or that action sanctioned by the law -- free speech, for example -- is "too far," I get my dander up. People said the same thing about removing the hapless and incompetent governor of California, Grey Davis, for example. Another favorite tactic when you simply don't want something to succeed is to say "it won't work." This saying "it's too far" is the fall-back position, usually when you see that it probably is going to succeed. People in a democracy have a right to petition the government for grievances. It's what sets us apart from dictatorships -- and anyway, another mantra is that participation and dissent are always good things, right? And I'm pretty sure you'd be right in there with the petitioners if the ruling had gone the other way, hmmm? We cannot remove judges every time they make a ruling we don't like, but nor are judges infallible or above criticism. President Obama took this to the extreme, in fact, by dispensing with 240 years of separation of powers to slam the Supreme Court during his state of the union. Was that going "too far"?
shonangreg
Jan 7, 2011 10:56 PM CST
It looks like Oklahama's anti-sharia law was aimed at the wrong state and the wrong religion. Those Iowa wingnuts want their own theocratic state. It. Is. Unamerican.
 

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