2010 Iowa judicial retention elections

none November 2025 2010 Iowa judicial retention elections Iowa 2010 11 02 Three Iowa Supreme Court justices removed from office Source: Iowa Secretary of State yes Retention of Marsha K. Ternus 443,451 541,565 2010 Iowa judicial retention elections - Marsha K. Ternus.svg 250px yes Retention of Michael J. Streit 448,758 534,902 2010 Iowa judicial retention elections - Michael J. Streit.svg 250px yes Retention of David L. Baker 451,359 532,805 2010 Iowa judicial retention elections - David L. Baker.svg 250px Three of the seven justices of the Iowa Supreme Court — Marsha K. Ternus, Michael J. Streit, and David L. Baker — faced judicial retention elections on November 2, 2010. As part of merit selection reforms in 1962, Iowa Supreme Court judges face retention elections every eight years. Prior to 2010, retention elections were usually nonpartisan, and Supreme Court justices had been retained by large margins. Following the Varnum v. Brien decision of 2009, a unanimous Supreme Court ruling which struck down prohibitions on same-sex marriage, a campaign, led primarily by Bob Vander Plaats, was launched advocating against judicial retention. The anti-retention campaign was mainly funded by out-of-state donors. The three justices did not actively campaign for re-election. All three Supreme Court justices were unseated in the vote. This was the first time Supreme Court justices had been unseated in Iowa by retention election, although four lower-court justices had been previously removed in the same manner. Although Republican Governor Terry Branstad swore in replacement justices in June 2011, efforts to change the court's makeup further in response to Varnum, or to otherwise restrict same-sex marriage by enshrining a ban in the state constitution, were unsuccessful. A 2012 retention vote against David Wiggins, who ruled on Varnum, also failed, and the U.S. Supreme Court would decide Obergefell v. Hodges in 2015, establishing marriage equality nationwide on similar grounds to Varnum. Background The state of Iowa first adopted judicial retention elections in 1962.Clopton Peters 2013 321 This occurred alongside the implementation of the merit selection process for appointing major trial and appellate judges.Goldschmidt 1994 2, 10 Judges appointed through merit selection are shortlisted by a judicial nominating commission, who create a list of prospective judges, from which the state governor then selects a candidate to appoint to the vacant position.Goldschmidt 1994 2, 10 The seven justices of the Iowa Supreme Court are appointed to staggered eight-year terms.Schulte 2010 Three justices were up for retention in 2010: Marsha K. Ternus, Michael J. Streit, and David L. Baker.Schulte 2010 Ternus, the court's chief justice, had served on the bench since 1993, becoming the chief in 2006, while Streit and Baker had been justices since 2001 and 2008.Schulte 2010 No Iowa Supreme Court justice prior to 2010 had lost a retention election, with the votes usually considered nonpartisan and the elections not subject to active campaigning.Vestal 2019 470 Retention was usually approved by landslide margins, with the average vote for retention of a Supreme Court justice being 80 percent, and the lowest before 2010 being 72 percent.Vestal 2019 470 In the Varnum v. Brien decision of April 2009, Iowa's Defense of Marriage Act was ruled invalid in a unanimous decision by the Iowa Supreme Court.Schotland 2010 120BBC News 2009 This ruling allowed same-sex couples the right to marry in Iowa, citing protections in the Iowa state constitution:Clopton Peters 2013 322 All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens. Constitution of Iowa, Article 1, Section 6Constitution of Iowa 1857 v In its opinion, the court stated that they had previously upheld this provision as a broad protection against discrimination on the basis of race and sex, and that there was no valid reason for gay and lesbian couples to be denied the same marriage rights as heterosexual couples.Clopton Peters 2013 322 The ruling upheld a 2007 decision by Polk County judge Robert Hanson, who was also up for recall in 2010.Schotland 2010 120BBC News 2009 In response to the Varnum ruling, Republican state congressional leaders called for an amendment to the state constitution, which was not advanced by the majority Democratic legislature.Clopton Peters 2013 322 Bob Vander Plaats, an attorney from Sioux City,Simon 2010 centered his campaign for the Republican gubernatorial nomination in 2010 on overturning the Varnum decision, but was ultimately unsuccessful, losing the primary to former governor Terry Branstad.Clopton Peters 2013 322 Campaign thumb|left|180px|Bob Vander Plaats (pictured) was a key campaigner against judicial retention.|alt=A man with combed-back brown hair in a black suit and tie. Following his loss in the gubernatorial primary, Vander Plaats announced on August 11, 2010 that he would campaign against the retention of Ternus, Streit, and Baker, creating the group Iowa for Freedom.Clopton Peters 2013 322Simon 2010 The anti-retention campaign was funded in large part by an influx of out-of-state support, as Iowa for Freedom was largely financed by the Mississippi-basedBartrum 2011 1048 American Family Association, and $600,000 of advertising was paid for by the New Jersey-basedBartrum 2011 1048 National Organization for Marriage.Clopton Peters 2013 322Schotland 2010 121 Vander Plaats was widely labeled as the campaign's leader.Schulte 2010Schotland 2010 121Sulzberger 2010 Newt Gingrich, a former U.S. House Speaker from GeorgiaMemoli 2011 who was a prospective presidential candidate for the 2012 election at the time, assisted in raising money for the campaign, and donated $125,000 to the effort from his political action committee.Clopton Peters 2013 322–323Hamburger Gold 2011 Gingrich was described by the Los Angeles Times as having a "key behind-the-scenes role" in the campaign against retention.Hamburger Gold 2011 Steve King, who represented Iowa in the United States Congress, led a bus tour advocating against retention of the justices, describing their ruling as judicial activism.Schotland 2010 121Boshart 2010 The three justices up for election did not campaign, although they did increase their public appearances across Iowa.Simon 2010Clopton Peters 2013 323Schotland 2010 124 The pro-retention campaign was mainly led by the Fair Courts for Us Committee, which did not coalesce until mid-October.Clopton Peters 2013 323 The group spent over $350,000 in the election, mainly on radio ads and mailers.Clopton Peters 2013 323 A radio ad paid for by Fair Courts for Us compared the Varnum decision to a sports referee's "questionable call", and contained an endorsement for retention from Bob Ray, a former governor of Iowa.Schotland 2010 121 Two other groups, Justice Not Politics and Iowans for Fair Courts, focused their campaigning on educational efforts.Schotland 2010 121 Sandra Day O'Connor, a justice of the Supreme Court of the United States, addressed the Iowa Bar Association in September, emphasising the importance of courts as places for "a fair and impartial hearing", and stating that judges should not be subjected to "outright retaliation".Schotland 2010 121–122 Overall, the campaign was described by Andrew J. Clopton and C. Scott Peters as being "one-sided", due to "scarce and poorly communicated" efforts from the pro-retention campaign.Clopton Peters 2013 327 The opposition to judicial retention was driven by the Varnum decision, providing campaigners with a "highly salient issue", as Clopton and Peters describe it, to center their efforts on, which was especially relevant given strong evangelical Christian opposition to same-sex marriage.Clopton Peters 2013 327 Results and reactions In the Iowa general election of November 2, 2010, all three Supreme Court justices up for retention were unseated.Iowa Secretary of State 2010Iowa Secretary of State 2025 The judges were the first Supreme Court justices to be removed through a judicial retention election in Iowa since their 1962 introduction,Schulte 2010Simon 2010 although four lower-court justices had previously been removed in this way.Clopton Peters 2013 321 All 71 lower-court judges who had been up for retention in 2010 retained their seats, including Robert Hanson, who had initially ruled in favour of the Varnum plaintiffs.Schotland 2010 120Sulzberger 2010 The retention election was perceived in large part as a proxy vote on the justices' decision in the Varnum ruling. In The New York Times, A.G. Sulzberger wrote that the outcome of the vote indicated "a statewide repudiation of same-sex marriage".Sulzberger 2010 Andrew J. Clopton and C. Scott Peters, writing a 2013 analysis of the election in The Justice System Journal, described the retention vote as the "result of an unprecedented mobilization by opponents of same-sex marriage".Clopton Peters 2013 321 The ousted judges released a statement after the election stating their support for Iowa's merit selection system, but noted a "unprecedented attack by out-of-state special interest groups", and stated that "the preservation of our state’s fair and impartial courts" would "require the steadfast support of the people".Schulte 2010Sulzberger 2010 Vander Plaats stated his hope that the result would "send a message across the country that the power resides with the people", and said "It’s we the people, not we the courts".Sulzberger 2010 The rate of ballot roll-off, where voters cast ballots for higher offices but fail to vote in lower-salience down-ballot elections, was markedly lower in this election, with a statewide rate of 13.19 percentage points.Clopton Peters 2013 326, 331 In contrast, the previous judicial retention votes for Ternus and Streit, held in 2002 alongside a gubernatorial election, had a roll-off of 38.73 percentage points.Clopton Peters 2013 331 Counties with higher levels of evangelicals were also likely to experience lower roll-off, suggesting a strong focus on same-sex marriage led opponents of judicial retention to galvanise religious opposition to the policy in the election.Clopton Peters 2013 336–337 Roy A. Schotland, an emeritus professor at Georgetown Law Center, described three prospective "severely harmful" impacts of the election outcome: judges being made to consider popular reaction to high-visibility cases, sitting judges being more subject to insecurity in their positions, and courts being subject to greater pressure from "public passions".Schotland 2010 127–128 Retention of Marsha TernusIowa Secretary of State 2010 11–15 443451 541565 Retention of Michael J. StreitIowa Secretary of State 2010 6–10 448758 534902 Retention of David L. BakerIowa Secretary of State 2010 1–5 451359 532805 Aftermath As the Chief Justice of the Iowa Supreme Court had been voted out, the four remaining justices were required to choose a new interim chief justice among themselves.Bartrum 2011 1049 On December 2, 2010, the justices elevated Mark Cady, the author of the decision in Varnum, to chief justice.Bartrum 2011 1049 Three justices were sworn into the Iowa Supreme Court in June 2011 by Governor Terry Branstad: Thomas Waterman, Edward Mansfield, and Bruce Zager.Danielson 2011 The three ousted justices were awarded a Profile in Courage award by Caroline Kennedy on behalf of the John F. Kennedy Library Foundation in May 2012.Associated Press 2012JFK Library 2012 Following the 2010 judicial retention elections, five Republican members of the Iowa House of Representatives launched impeachment resolutions against the remaining four Supreme Court justices.Pettys 2013 51 However, the attempt faced intense opposition in the House, with Republican Rich Anderson, who chaired the House Judiciary Committee, correctly predicting that the resolution would die in committee.Pettys 2013 51–52 An attempt was also made to amend the Iowa constitution to ban same-sex marriage, which was supported by Governor Branstad but blocked by Democrats in control of the Iowa Senate, who refused to let the proposal reach the floor.Pettys 2013 52–54 Vander Plaats and the National Organisation for Marriage again waged a campaign in 2012 to unseat David Wiggins, who had also ruled on the Varnum case.Pettys 2013 56–61 However, Wiggins successfully retained his seat with 54 percent of the vote.Eckhoff 2012 Todd E. Pettys lists a number of reasons for Wiggins' success, including increased acceptance of same-sex marriage, larger Democratic turnout given the presidential re-election campaign of Barack Obama, and a campaign from the Iowa State Bar Association supporting retention.Pettys 2013 61–68 In June 2015, the U.S. Supreme Court decided Obergefell v. Hodges, which used similar reasoning to Varnum to decide that prohibitions against same-sex marriage violated the Equal Protection Clause.Vestal 2019 477 Writing 10 years after the Varnum ruling, Allan W. Vestal stated that the Iowa Supreme Court had been vindicated in their decision, owing to the nationwide extension in Obergefell, widespread public support for marriage equality, and a lack of controversy in future judicial retention elections.Vestal 2019 491 References 30em Cited works 30em JFK Profile in Courage Awards given to ousted Iowa justices, U.S. diplomat https://www.politico.com/story/2012/05/jfk-profile-in-courage-awards-given-to-ousted-iowa-justices-us-diplomat-075997 November 24, 2025 Politico Associated Press May 7, 2012 https://ghostarchive.org/archive/20260210020228/https://www.politico.com/story/2012/05/jfk-profile-in-courage-awards-given-to-ousted-iowa-justices-us-diplomat-075997 February 10, 2026 live Associated Press 2012 Bartrum Ian Constitutional Rights and Judicial Independence: Lessons from Iowa 2011 Washington University Law Review 88 1047–1054 Iowa upholds gay marriage rights http://news.bbc.co.uk/2/hi/americas/7981893.stm November 23, 2025 BBC News April 3, 2009 https://web.archive.org/web/20251123235343/http://news.bbc.co.uk/2/hi/americas/7981893.stm November 23, 2025 live BBC News 2009 Boshart Rod Both sides of judicial retention clash https://www.thegazette.com/government-politics/both-sides-of-judicial-retention-clash/ November 24, 2025 The Gazette October 25, 2010 https://web.archive.org/web/20251124004434/https://www.thegazette.com/government-politics/both-sides-of-judicial-retention-clash/ November 24, 2025 live Clopton Andrew J. Peters C. Scott Justices Denied: A County-Level Analysis of the 2010 Iowa Supreme Court Retention Election The Justice System Journal 2013 34 3 321–344 10.1080/0098261X.2013.10768043 0098-261X Danielson Dar New Iowa Supreme Court justices sworn in https://www.radioiowa.com/2011/06/03/new-iowa-supreme-court-justices-sworn-in/ November 24, 2025 Radio Iowa June 3, 2011 https://web.archive.org/web/20240226234516/https://www.radioiowa.com/2011/06/03/new-iowa-supreme-court-justices-sworn-in/ February 26, 2024 live Eckhoff Jeff Voters retain Justice David Wiggins http://www.desmoinesregister.com/article/20121106/NEWS09/311070016/Voters-retain-Justice-David-Wiggins November 24, 2025 The Des Moines Register November 7, 2012 https://wayback.archive-it.org/all/20121108064127/http://www.desmoinesregister.com/article/20121106/NEWS09/311070016/Voters-retain-Justice-David-Wiggins?odyssey=tab%7Cmostpopular%7Ctext%7CALTOONA03&nclick_check=1 November 8, 2012 dead Goldschmidt Jona Merit Selection: Current Status, Procedures, and Issues University of Miami Law Review 1994 49 1 1–125 https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1818&context=umlr November 24, 2025 live https://web.archive.org/web/20251124215720/https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1818&context=umlr November 24, 2025 Hamburger Tom Gold Matea Tom Hamburger Gingrich woos evangelicals as he eyes presidential bid http://articles.latimes.com/2011/mar/03/nation/la-na-2012-gingrich-030311 November 24, 2025 Los Angeles Times March 3, 2011 https://web.archive.org/web/20151222153921/http://articles.latimes.com/2011/mar/03/nation/la-na-2012-gingrich-030311 December 22, 2015 live subscription Official Results Report https://sos.iowa.gov/elections/pdf/2010/judicialorr.pdf Iowa Secretary of State November 24, 2025 https://web.archive.org/web/20240524154142/https://sos.iowa.gov/elections/pdf/2010/judicialorr.pdf May 24, 2024 November 29, 2010 live Iowa Secretary of State 2010 Election Results & Statistics https://sos.iowa.gov/iowans/election-results-statistics Iowa Secretary of State November 24, 2025 https://web.archive.org/web/20250803110546/https://sos.iowa.gov/iowans/election-results-statistics August 3, 2025 live Iowa Secretary of State 2025 1857 Constitution of the State of Iowa – Codified https://www.legis.iowa.gov/docs/publications/ICP/1518288.pdf Iowa State Legislature November 24, 2025 https://web.archive.org/web/20250710110016/https://www.legis.iowa.gov/docs/publications/ICP/1518288.pdf July 10, 2025 live Constitution of Iowa 1857 2012 Profile in Courage Award Honors Iowa Justices Who Legalized Same-Sex Marriage and U.S. Ambassador to Syria May 7, 2012 John F. Kennedy Presidential Library and Museum (JFK Library) https://www.jfklibrary.org/about-us/news-and-press/press-releases/2012-profile-in-courage-award-release November 24, 2025 https://web.archive.org/web/20250113192208/https://www.jfklibrary.org/about-us/news-and-press/press-releases/2012-profile-in-courage-award-release January 13, 2025 live JFK Library 2012 Memoli Michael A. Mike Memoli Newt Gingrich makes presidential run official https://www.latimes.com/nation/la-xpm-2011-may-11-la-pn-newt-gingrich-announcement-20110511-story.html February 10, 2026 Los Angeles Times May 11, 2011 https://ghostarchive.org/archive/20260210030216/https://www.latimes.com/nation/la-xpm-2011-may-11-la-pn-newt-gingrich-announcement-20110511-story.html February 10, 2026 live subscription Pettys Todd E. Retention Redux: Iowa 2012 The Journal of Appellate Practice and Process 2013 14 1 47–79 https://lawrepository.ualr.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1128&context=appellatepracticeprocess November 24, 2025 https://web.archive.org/web/20251124061015/https://lawrepository.ualr.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1128&context=appellatepracticeprocess November 24, 2025 live Schotland Roy A. Iowa’s 2010 Judicial Election: Appropriate Accountability or Rampant Passion? Court Review 2010 46 4 118–128 https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1680&context=facpub November 23, 2025 American Judges Association 0011-0647 live https://web.archive.org/web/20251123231844/https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1680&context=facpub November 23, 2025 Schulte Grant Iowans dismiss three justices http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices November 23, 2025 The Des Moines Register November 3, 2010 https://wayback.archive-it.org/all/20101227135753/http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices December 27, 2010 dead Simon Mallory Iowa voters oust justices who made same-sex marriage legal https://edition.cnn.com/2010/POLITICS/11/03/iowa.judges/index.html November 24, 2025 CNN November 3, 2010 https://web.archive.org/web/20231208171127/https://edition.cnn.com/2010/POLITICS/11/03/iowa.judges/index.html December 8, 2023 dead Sulzberger A.G. A.G. Sulzberger Ouster of Iowa Judges Sends Signal to Bench https://www.nytimes.com/2010/11/04/us/politics/04judges.html November 24, 2025 The New York Times November 3, 2010 https://web.archive.org/web/20111104020959/http://www.nytimes.com/2010/11/04/us/politics/04judges.html November 4, 2011 live subscription Vestal Allan W. Vindication: Varnum v. Brien at Ten Years Drake Law Review 2019 67 2 463–493 https://drakelawreview.org/wp-content/uploads/2019/08/vestal-final.pdf November 24, 2025 live https://web.archive.org/web/20251124072743/https://drakelawreview.org/wp-content/uploads/2019/08/vestal-final.pdf November 24, 2025 Category:2010 Iowa elections Category:LGBTQ rights in Iowa Category:History of LGBTQ civil rights in the United States