A Blow to the Courts

New York Times
Editorial
November 8, 2010

Like the rest of this year’s political campaign, state judicial elections were awash in cash and blaring attack ads. The spectacle raises legitimate doubts about the impartiality of even the most respected judges.

Among last Tuesday’s alarming results was the defeat of three Iowa Supreme Court justices who had joined in last year’s unanimous ruling to permit same-sex marriage there. The three sought to remain above the fray. They did not raise money and made few public appearances. A group supporting them, Fair Courts for Us, reported spending about $400,000.

Their supporters were far outgunned by the National Organization for Marriage, the American Family Association and other groups that spent at least $1 million urging voters to oust them. The 2009 ruling will stand. But the judges’ defeat is sure to make other elected judges shy from rendering controversial rulings, especially before elections.

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