Steve Silberman writes about the nationwide ramifications of NOM’s successful effort to remove three judges in Iowa who ruled in favor of marriage equality. You’ll note that someone who sure seems to be the real Maggie Gallagher weighed into Steve’s comment section.
Never mind that the removal of the judges threatens to impede the operation of the judiciary in Iowa, denying justice not only to the minority targeted by NOM’s mystery donors, but to anyone else in the state court system. Never mind that the state’s governor, Chet Culver — also defeated by a Republican on Tuesday — is unlikely to fill those vacancies on the bench before his term ends in January, further tampering with the due process of law in the state. Never mind that John Adams, one of the founding fathers who people like Gingrich and Sarah Palin like to invoke at any opportunity, believed that a judiciary protected from the political storms that rage around the contentious issues of the day is one of the foundations of a stable democracy:
The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. The judges, therefore, should be always men of learning and experience in the laws, of exemplary morals, great patience, calmness, coolness, and attention. Their minds should not be distracted with jarring interests; they should not be dependent upon any man, or body of men.
The sweeping ramifications of NOM’s success in Iowa this week are not lost on legal authorities. “What is so disturbing about this is that it really might cause judges in the future to be less willing to protect minorities out of fear that they might be voted out of office,” Erwin Chemerinsky, dean of the University of California, Irvine, School of Law, told the New York Times. “Something like this really does chill other judges.”
You’ll note, via the link above, that “Maggie” says that John Adams, who alive from 1735-1826, probably agreed with her about marriage equality. Putting aside the fact that Maggie Gallagher takes pride in having a point of view that was popular in the late 1700s, I wonder if John Adams agrees with Maggie about slavery too (while Adams refused to own slaves, he did oppose emancipation – how are you on emancipation Maggie?)
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