Branstad's Supreme Court Picks

Gov. Terry Branstad has announced his picks for three open Iowa Supreme Court slots. No big surprises.

Branstad chose Pleasant Valley attorney Thomas Waterman, Iowa Court of Appeals Judge Edward Mansfield of Des Moines and District Judge Bruce Zager of Waterloo. Three guys all in their 50s, and all registered Republicans.

Waterman's law firm once represented Branstad's office during one of his earlier terms in office. That familiarity made his pick seem likely from the beginning, as well as the fact that Waterman was a finalist for the seat filled by David Baker in 2008. Baker was tossed out in November's retention vote.

"The retention vote ouster was a shock to the judicial system," Waterman said in his public interview session with the Judicial Nominating Commission. "The call to service heard to in 2008 is more compelling today."

On his philosophy - "It's not my opinion on what I would do," Waterman said on deciding cases. "It's what the law requires. We don't have focus groups or take opinion polls."

Waterman also gave $7500 to Branstad's 2010 campaign. Not that there's anything wrong with that. 

Mansfield seemed sharp and well-prepareded in his public interview session last month, and as an appeals court judge, he's got two years of appellate experience. He also got his law degree from Yale. Not that there's anything wrong with that.

"Not everyone is going to agree with every decision. I know that," Mansfield said during his interview, explaining to the commission how appellate decisions must be not only persuasive to lawyers and judges, but to the public. True. And good luck.

Zager applied for a couple of Court of Appeals slots in the past but didn't make the cut. In his public interview, he was soft-spoken, and thoughtful, and his experience on the bench and in private practice is solid. 

"To me, being a justice on the Iowa Supreme Court would be the height of public service," Zager said during his interview.

When Zager was asked what role public opinion should have in rulings, he gave the right answer without hesitation

"I don't think it should have any," Zager said. "I just don't think you can operate an appellate court based on public opinion."

You can watch the videos here - Waterman. Mansfield and Zager 

From what I've seen so far, none of these guys are ideologues. Maybe the anti-retention forces were hoping to jolt the court rightward, or frighten it into embracing culture war politics, but I don't think that's what they get from these picks. It's more like a rightward nudge, if they move the court at all.

I also don't think the Democrats that make up a majority on the nominating commission made it impossible for Branstad to appoint quality judges who will follow the law and the Constitution. Experience counted a lot more than politics.

So explain to me again why we have to pull this system out by the roots and replace with with a

congressional-style political smack-down? I still don't get it.