Lawsuit says Iowa judicial retention vote was illegal

[meegbear]

Three Des Moines-area attorneys believe the retention vote that ousted three Iowa Supreme Court justices was illegal because the Iowa Constitution mandates the votes for judges be "on a separate ballot."

They have filed suit to keep the three justices, who participated in last year's unanimous ruling that legalized same-sex marriage, from being tossed off the bench.

The ballot used Nov. 2 included the names of the justices standing for retention on the back of a single sheet, "combined with other elections, nonpartisan offices, Constitutional questions and public measures," the lawsuit says.

Thomas W. George, John P. Roehrick and Carlton Salmons are asking for a temporary judicial order that would bar the justices from leaving the Supreme Court when their terms end Dec. 31.

The attorneys are suing Democratic Secretary of State Michael Mauro, who, as elections commissioner, is responsible for state voting and ballot practices.

The lawsuit also names the three justices Iowans voted to oust: Marsha Ternus, Michael J. Streit, and David L. Baker.

A hearing is scheduled for Monday in Polk County District Court. Mauro said he's confident the lawsuit won't change anything.

<snip>

Won't change anything? I thought teabaggers were strict 'rule of law' people; they'd want their laws to be fair and square. Ask Joe Miller.
http://www.desmoinesregister.com/article/20101215/NEWS09/12150361/Lawsuit-says-Iowa-judicial-retention-vote-was-illegal

[emulatorloo]

1. EXCELLENT! I am so happy they filed this suit

In related news, Iowa Republicans are pushing to put a "Gay Marriage Referendum" on the ballot. Dems still control the Senate, they vow that they will not allow any legislation related to that (or any anti-same sex marriage bills) to come to the Senate floor. They have said that they are not in the business of taking people's rights away.