Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the 2009 Supreme Court opinion recognizing same sex marriage. As the result of highly politicized campaign, three talented jurists lost their seats on the Court.
This commentary examines that election and offers a structural solution that might better protect constitutional rights against majoritarian intimidation.
88 Wash. U. L. Rev. 1047 (2011).
Bartrum, Ian C., "Constitutional Rights and Judicial Independence: Lessons from Iowa" (2011). Scholarly Works. Paper 614.