Branstad Should Take a Stand on Retention

Many Iowans have strong opinions about judicial retention this fall.

Terry Branstad claims he's not one of them.

Branstad, the former four-term governor seeking to unseat Gov. Chet Culver, says he's staying out of it. He has no opinion, apparently, on the effort to throw out three Iowa Supreme Court justices up for retention Nov. 2. They joined a unanimous ruling striking down the state's ban on same-sex marriages.

Branstad, who pursued a legal career before politics, doesn't want to get involved. He appointed many judges as governor, including Chief Justice Marsha Ternus, who is on the ballot. But he sees no reason to defend her.

He believes he has the right to remain silent while Iowa's courts are thrashed by those who demand that judges weigh public opinion before considering the law, or face political vengeance.

Why not take a stand?

“Because it's a ballot issue and it's up to the people to decide. And so I think people should vote their own convictions on this,” Branstad told our editorial board this week.

His neutrality would have more credibility if he also hadn't expressed support for two constitutional amendments during the same meeting. He favors an amendment to ban marriage equity and supports an amendment limiting state spending to 99 percent of revenue. Both would be ballot issues up to the people to decide, but Branstad isn't staying quiet.

I think selective silence on retention speaks volumes. It's essentially a wink and a nod to the Bob Vander Plaats wing of his party that he's not going to interfere with its assault on the courts. After all, Vander Plaats' decision to go justice-hunting kept him from running as an independent for governor.

Branstad flatly denies his silent treatment is tacit support for Vander Plaats' push. But unless he takes a stand, we'll never know for sure what he thinks.

And Branstad should take a stand. Culver says he favors judicial independence and thinks we need to “move on” from the marriage ruling. Branstad also should lay his cards on the table.

Judging by the intensity of cheers and jeers that erupted over the marriage/retention issue at Thursday's debate in Cedar Rapids, this is an issue many Iowans care about deeply. Neutrality may be smart politics, but it's not the leadership Branstad has promised to bring.

It's disappointing that Branstad, an experienced leader with a big lead in the polls, feels the need to dance this dance. His experience must tell him that ousting these justices would set a damaging precedent.

He needs to tell the rest of us.

Comments: (319) 398-8452; todd.dorman@sourcemedia.net

Related -- U.S. Rep. Steve King is, not surprisingly,

much less bashful on the retention issue.