Litigation

Bid to Void IA Ouster Vote is Withdrawn

By Peter Hardin

A trio of lawyers has retreated from an effort to void the ouster vote on Election Day of three Iowa Supreme Court justices.

The lawyers withdrew Monday their request for a temporary injunction to void the election outcome, according to a Quad City Times article. They did so after learning that the three ousted justices, who are scheduled to step down when their terms expire Dec. 31, would resist their claim, the Des Moines Register reported.

Nonetheless, the lawyers said they will pursue in court their contention that the Iowa Constitution mandates that retention votes for judges be on a separate ballot from the election of a governor or legislators (see Gavel Grab), the Associated Press said.

On Nov. 2, Iowans voted in retention (up-or-down) elections to remove three of the court’s seven justices. The vote came in response to a unanimous high court ruling that struck down as unconstitutional a ban on same-sex marriages, and national conservative groups helped finance the historic ouster campaign (see Gavel Grab for more).

Full post as published by The Gavel on December 20, 2010 (boomark / email).