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11/3/10

Hot Air Blog Laments Removal Of Pro-Gay Marriage Judges

Pro-gay marriage blogger allahpundit tries to subtly insert propaganda into the once-conservative blog HotAir.com. Regarding Iowa voters recalling pro-gay marriage judges, Hot Air laments the voters' ability to hold supreme court judges accountable in that state.

Hotair- "...this is now officially a buzzworthy topic in the blogosphere, even though it’s really just a basic PoliSci problem dressed up in “gay marriage” clothing. Everyone wants courts to be independent enough to issue unfavorable rulings that the majority might not like; it’s the only way to protect minority rights, after all...

One potential problem with the “retention” framework is that it doesn’t insulate judges from popular referendums as well as it purports to.

...it comes at the price of total independence. (Imagine how desegregation rulings in the 50s might have differed if federal judges couldn’t rest easy in knowing that they had lifetime tenure.) Another potential problem is judges being sucked into elaborate campaigns before each vote to defend their decisions. The three who were removed yesterday spent no money on running for retention, but the next ones might try to fund an ad campaign or, worse, cozy up to some sort of special interest that’ll fund an ad campaign on their behalf... It could be worse: In some states, judges are elected by law and run for reelection frequently. In those circumstances, I don’t know why the state in question doesn’t do away with the power of judicial review entirely and just let the legislature do whatever it wants. In practice, it amounts to — almost — the same thing. "

Wow. Some real lack of knowledge about the judicial process here from liberal HotAir. Why haven't judges campaigned for reinstatement from voters ever if this is such a concern, in the whole history of Iowa, California, and many other states that have the same kind of process?

Because it is so rare! California voters have recalled supreme court judges only once, the liberal Jerry Brown nominees who let Charles Manson off the hook. When is the last time Iowa recalled a judge? It is extremely rare in any state.

What's up with the civil rights analogy? Liberals love to sneak racial equality into any homosexuality discussion. The simple fact is citizens of Iowa (a quite liberal state) are rightfully upset that their judges legislated laws from the bench and overthrew their religious rights to marriage.

But the federal government has overthrown voter rights completely so the argument is moot anyway.

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