Branstad will interview Supreme Court nominees, won't ask about Varnum case

Gov. Terry Branstad is planning an hour-long interview with each of the nine nominees for three seats on the Iowa Supreme Court, but said he doesn't intend to ask them about the case that created those vacancies.

Branstad reiterated his position that Iowans want and should be given an opportunity to vote on a constitutional amendment banning same-sex marriage. However, the fifth-term Republican said it's not his intent to focus on any specific case. That includes Varnum v. Brien, the 2009 Supreme Court decision that struck down the state ban on same-sex marriage. In the wake of that decision, Chief Justice Marsha Ternus and Justices Michael Streit and David Baker were voted out of office in November.

They were the targets of social conservatives who disagreed with the court's unanimous decision to strike down the state ban on gay marriage.

Branstad plans to “focus instead on the candidates' fairness, temperament, and knowledge and experience, and also their philosophy with respecting and recognizing the fact there are three branches of government and the powers of each are limited and respecting and recognizing there are times when the court needs to exercise judicial restraint.”

Opponents of the Varnum decision say the court overstepped its authority by legislating from the bench. A resolution to put an amendment banning same-sex marriage on the ballot as early as 2013 is expected to win House approval this week. It is not expected to be called up for debate in the Senate.

Branstad, who has 30 days to make three appointments – or the decision goes to Interim Chief Justice Mark Cady, said he will begin his review next week. His staff, led by his legal counsel, Brenna Findley, has begun its review.

Branstad was disappointed the lack of women among the nominees.

“I was disappointed I didn't get more women,” he said. “We had 11 women apply and they only nominated one.”

Despite that, Branstad said he will “thoughtfully and carefully” review the candidates “to find the best to serve on the Supreme Court.”

The nominees are: Robert James Blink, West Des Moines; Arthur E. Gamble, Clive; John C. Gray, Sioux City; Steven Verne Lawyer, New Virginia; Edward M. Mansfield, Des Moines; Michael R. Mullins, Washington; Angela Onwuachi-Willig, Grinnell; Thomas Dana Waterman, Pleasant Valley; and Bruce B. Zager, Waterloo.

A summary resume, completed questionnaire and writing samples for each candidate are posted on the Judicial Branch website at:

www.iowacourts.gov/State_Judicial_Nominating_Commission/Application_Information.