04 November 2010

Gone

A few days ago I wrote about the effort in Iowa to remove three judges through the retention process because they voted to recognize gay marriage. My point was that usually judges are not removed through this process of retention . . . unless they make a controversial decision. Iowa provides us with yet another example. All three Iowa Supreme Court Justices who were up for retention and voted in favor of gay marriage were removed by voters on Tuesday. My question is, does this prove that supporters of judicial elections are right? Shouldn't judges reflect the majority view of society, and when they don't, they should be removed? Or do we want a system where judges can make rulings that do not reflect the so-called "will of the people?" Does an election like this actually help us truly determine what the will of the people is?