#Chief Justice Susan Christensen
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The Iowa state Supreme Court has overruled a 2018 decision it previously made that deemed abortion rights protected under the state constitution.
The reason for the reversal, which was announced on Friday, appears to only have happened because four justices, nominated by anti-abortion Gov. Kim Reynolds (R), were placed on the state’s highest bench over the past five years. Six of the seven Justices overall were appointed by Republicans.
The ruling does not make abortion illegal in Iowa, as federal standards and other laws in the state remain in place. But it does remove the previously held recognition from the court that abortion is a fundamental right under the state constitution.
The ruling will likely allow for Republican lawmakers in Iowa to have the ability to place greater restrictions on the procedure in the near future, should the federal Supreme Court overturn Roe v. Wade later this summer.
“We don’t know yet what [Republicans will] propose, but previously-blocked laws [by state courts] have included a 72-hour waiting period and a ‘fetal heartbeat’ bill,” Des Moines Register politics reporter Katie Akin observed.
The 5-2 ruling examined a case involving a 24-hour waiting period to have an abortion, a law that Republicans passed in 2020. A lower court deemed that restriction unconstitutional. In reversing its 2018 ruling, the state Supreme Court sends the case back to the lower court to reconsider, based on the new precedent that says the state constitution doesn’t recognize and protect abortion rights.
Justice Edward Mansfield, writing the opinion for the court, said he and his like-minded colleagues “[rejected] the proposition that there is a fundamental right to an abortion in Iowa’s Constitution subjecting abortion regulation to strict scrutiny.” However, Mansfield said that the court would not produce any new guidelines for the time being, noting that the federal Supreme Court was set to rule on the issue itself.
Chief Justice Susan Christensen, who was also appointed by Gov. Reynolds, dissented from the ruling, stating that the majority overturned the court’s previous precedent at the first opportunity it had. The court was doing so too quickly, ignoring the standard of stare decisis — the idea of respecting previous precedents established by courts.
“Out of respect for stare decisis, I cannot join the majority’s decision to overrule” the previous precedent, Christensen wrote in her opinion.
The Chief Justice also recognized that the only reason for the reversal of the previous ruling was a change in its ideology. The ruling on Friday would make people question the legitimacy of the court, she added.
“This rather sudden change in a significant portion of our court’s composition is exactly the sort of situation that challenges so many of the values that stare decisis promotes concerning stability in the law, judicial restraint, the public’s faith in the judiciary, and the legitimacy of judicial review,” Christensen said.
“This is not to say that we may never overrule precedent that is clearly incorrect because we are worried about the public’s perception of our decision in relation to the change in our court’s makeup. … But we must only use this power when there is a ‘special justification’ over and above the belief ‘that the precedent was wrongly decided,’” Christensen wrote, quoting previous rulings that established how courts were meant to treat matters relating to stare decisis.
Critics blasted the court’s decision to overturn a precedent and the manner in which it was done.
“This decision was made possible by Gov. Kim Reynolds’ addition of Republican justices to the court — nothing more, nothing less,” wrote Slate senior writer Mark Joseph Stern.
“Today’s ruling is a step backwards for Iowa,” Democratic state Rep. Jennifer Konfrst said. “Like a large majority of Iowans, I believe in reproductive freedom. I will continue to fight like hell to ensure every family has access to safe, legal abortion.”
#us politics#news#2022#2018#iowa#ia#truthout#state supreme court#abortions#abortion bans#roe v. wade#Gov. Kim Reynolds#Des Moines Register#Katie Akin#Justice Edward Mansfield#Chief Justice Susan Christensen#slate#Mark Joseph Stern#Rep. Jennifer Konfrst
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CHRISTENSEN ENDS IOWA COURT MASK MANDATE
CHRISTENSEN ENDS IOWA COURT MASK MANDATE
WITH BOTH COVID-19 VARIANTS NOW ON THE WANE, THE IOWA SUPREME COURT’S CHIEF JUSTICE IS ENDING THE MASK MANDATE FOR COURTS IN THE STATE.
SUSAN CHRISTENSEN’S ORDER STATES THAT IT IS APPROPRIATE TO END THIS PROTOCOL.
THE CURRENT GENERAL MASK REQUIREMENT WAS A TEMPORARY MEASURE REINSTITUTED PRINCIPALLY TO ADDRESS THE RISE OF INFECTIOUS COVID-19 VARIANTS.
THE ORDER SAYS THE MANDATE MAY AGAIN BE…
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DES MOINES, Iowa | Iowa woman promoted to nation's lone all-male Supreme Court
New Post has been published on https://is.gd/o7O4HR
DES MOINES, Iowa | Iowa woman promoted to nation's lone all-male Supreme Court
DES MOINES, Iowa — Republican Gov. Kim Reynolds on Wednesday promoted a female district judge to the Supreme Court in Iowa, the only state where all of its current justices are men.
Susan Christensen will be the first woman on Iowa’s high court in roughly eight years. The appointment doesn’t require confirmation by lawmakers for Christensen to take the bench.
During brief remarks from her formal office at the state Capitol, Reynolds praised Christensen’s background, which most recently includes being a district court judge in the Fourth Judicial District in southwest Iowa. She previously worked as an assistant county attorney and a district associate judge.
Reynolds prefaced Christensen’s announcement by saying that Iowans need “judges who understand the proper role of the courts within our government. Judges who will apply the law, and not make it.”
The last woman to serve on the Iowa Supreme Court was Chief Justice Marsha Ternus, who lost her retention election in 2010.
Ternus was part of a unanimous decision in 2009 that effectively legalized same-sex marriage in the state. Groups opposing same-sex marriage then led a successful campaign to get Ternus and two other justices voted out of the court.
Christensen, a 56-year-old from Harlan in western Iowa, will face a retention election in 2020. She was one of three finalists, which included Chief District Court Judge Kellyann Lekar of Waterloo and attorney Terri Combs of West Des Moines. That reality ensured Iowa’s next justice would be a woman. A state nominating commission whittled down the choices from an initial pool of 21 applicants, 14 of whom were women.
Iowa’s national distinction of an all-male Supreme Court is based on an analysis from Eric Ostermeier, a research fellow at the University of Minnesota. It was not disputed by the Iowa Judicial Branch.
Christensen will replace Justice Bruce Zager, who’s retiring in September. He was appointed by former Gov. Terry Branstad, a Republican who stepped down last year to become U.S. ambassador to China.
Standing next to Reynolds, Christensen said she was “honored and humbled” by the appointment. The pick is the first for Reynolds, the state’s ex-lieutenant governor who is serving out Branstad’s term.
Reynolds is seeking her first four-year term as governor in this year’s midterm elections.
Christensen received her law degree from Creighton University School of Law in Nebraska and her undergraduate degree from Judson College in Illinois.
By BARBARA RODRIGUEZ , Associated Press
#Chief Justice Marsha Ternus#des moines#Iowa#Iowa woman promoted#Law in Nebraska#nation's lone all-male#Supreme Court#Susan Christensen#TodayNews#West Des Moines
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Condition of the Judiciary 2022: Chief justice highlights COVID changes, juvenile justice system
Condition of the Judiciary 2022: Chief justice highlights COVID changes, juvenile justice system
Chief Justice Susan Christensen focused her annual Condition of the Judiciary address on the COVID-19 pandemic – how the courts adapted, and what changes would stay in place for the foreseeable future.
It was a marked difference from Gov. Kim Reynolds’ Condition of the State address, where the pandemic was mentioned only in passing.
“COVID has had an abrupt and brutal impact on the judiciary……
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REP. WHEELER: Previewing some potential issues up for debate during session
REP. WHEELER: Previewing some potential issues up for debate during session
I hope you all had a relaxing and enjoyable Christmas and New Year’s! It was wonderful spending time with my family and thanking God for another year of life in America. We will be back in action on Monday morning, with plans to listen to Governor Kim Reynolds speak at 6PM on Tuesday, Iowa Supreme Court Chief Justice Susan Christensen on Wednesday, and Major General Benjamin Corell on…
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Judicial officials dissatisfied with courthouse space, project timeline
Judicial officials dissatisfied with courthouse space, project timeline
A group of Marshall County officials led representatives from the state Judicial Branch — including Iowa Supreme Court Chief Justice Susan Christensen and Associate Justice Matthew McDermott — on a tour of the courthouse Thursday to survey the progress on renovation and reconstruction while presenting their sometimes conflicting views on how the finished product should look.
After the board of…
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IOWA SUPREME COURT ORDERS FACE COVERINGS WORN IN COURT HEARINGS
IOWA SUPREME COURT ORDERS FACE COVERINGS WORN IN COURT HEARINGS
THE IOWA SUPREME COURT HAS ISSUED A SUPERVISORY ORDER REQUIRING FACE COVERINGS FOR ALL PEOPLE ENTERING COURT-CONTROLLED AREAS IN ALL 99 COUNTIES.
THAT IS REGARDLESS OF A PERSON’S VACCINATION STATUS OR A COUNTY OR AREA’S POSITIVITY RATE OR TRANSMISSION STATUS.
THE ORDER, SIGNED BY CHIEF JUSTICE SUSAN CHRISTENSEN, SAYS THE IOWA JUDICIAL BRANCH IS BALANCING THE NEED TO TAKE MEASURES TO REDUCE THE…
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JUDGE HOFFMEYER HONORED FOR YEARS ON IOWA BENCH
JUDGE HOFFMEYER HONORED FOR YEARS ON IOWA BENCH
THE CHIEF JUDGE OF OUR LOCAL IOWA JUDICIAL DISTRICT WAS HONORED FOR HIS SERVICE IN CEREMONIES AT THE WOODBURY COUNTY COURTHOUSE THURSDAY.
JUDGE DUANE HOFFMEYER SUBMITTED HIS RESIGNATION AS CHIEF JUDGE OF THE THIRD JUDICIAL DISTRICT AND AS A FULL-TIME DISTRICT COURT JUDGE AND WILL TRANSITION TO A NEW ROLE AS A SENIOR JUDGE IN THE DISTRICT.
IOWA SUPREME COURT CHIEF JUSTICE SUSAN CHRISTENSEN WAS…
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TOTT SELECTED AS NEW CHIEF JUDGE OF IOWA’S 3RD JUDICIAL DISTRICT
TOTT SELECTED AS NEW CHIEF JUDGE OF IOWA’S 3RD JUDICIAL DISTRICT
DISTRICT JUDGE PATRICK TOTT OF SIOUX CITY HAS BEEN APPOINTED AS CHIEF JUDGE OF THE THIRD JUDICIAL DISTRICT TO SUCCEED CURRENT CHIEF JUDGE DUANE HOFFMEYER WHO WILL RETIRE AUGUST 5TH.
IOWA SUPREME COURT CHIEF JUSTICE SUSAN CHRISTENSEN APPOINTED JUDGE TOTT, WHO WILL BEGIN HIS NEW DUTIES ON AUGUST 6TH.
TOTT HAS SERVED HIS COMMUNITY AND THE STATE FOR MANY YEARS IN JUVENILE COURT, MAGISTRATE COURT, AND…
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Iowa Supreme Court Elects New Chief Justice DES MOINES, Iowa (AP) — The Iowa Supreme Court elected Justice Susan Christensen as its next chief justice on Monday, making her only the second woman to rise to chief of the seven-member court.
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DES MOINES, Iowa | Iowa woman promoted to nation's lone all-male Supreme Court
New Post has been published on https://is.gd/o7O4HR
DES MOINES, Iowa | Iowa woman promoted to nation's lone all-male Supreme Court
DES MOINES, Iowa — Republican Gov. Kim Reynolds on Wednesday promoted a female district judge to the Supreme Court in Iowa, the only state where all of its current justices are men.
Susan Christensen will be the first woman on Iowa’s high court in roughly eight years. The appointment doesn’t require confirmation by lawmakers for Christensen to take the bench.
During brief remarks from her formal office at the state Capitol, Reynolds praised Christensen’s background, which most recently includes being a district court judge in the Fourth Judicial District in southwest Iowa. She previously worked as an assistant county attorney and a district associate judge.
Reynolds prefaced Christensen’s announcement by saying that Iowans need “judges who understand the proper role of the courts within our government. Judges who will apply the law, and not make it.”
The last woman to serve on the Iowa Supreme Court was Chief Justice Marsha Ternus, who lost her retention election in 2010.
Ternus was part of a unanimous decision in 2009 that effectively legalized same-sex marriage in the state. Groups opposing same-sex marriage then led a successful campaign to get Ternus and two other justices voted out of the court.
Christensen, a 56-year-old from Harlan in western Iowa, will face a retention election in 2020. She was one of three finalists, which included Chief District Court Judge Kellyann Lekar of Waterloo and attorney Terri Combs of West Des Moines. That reality ensured Iowa’s next justice would be a woman. A state nominating commission whittled down the choices from an initial pool of 21 applicants, 14 of whom were women.
Iowa’s national distinction of an all-male Supreme Court is based on an analysis from Eric Ostermeier, a research fellow at the University of Minnesota. It was not disputed by the Iowa Judicial Branch.
Christensen will replace Justice Bruce Zager, who’s retiring in September. He was appointed by former Gov. Terry Branstad, a Republican who stepped down last year to become U.S. ambassador to China.
Standing next to Reynolds, Christensen said she was “honored and humbled” by the appointment. The pick is the first for Reynolds, the state’s ex-lieutenant governor who is serving out Branstad’s term.
Reynolds is seeking her first four-year term as governor in this year’s midterm elections.
Christensen received her law degree from Creighton University School of Law in Nebraska and her undergraduate degree from Judson College in Illinois.
By BARBARA RODRIGUEZ , Associated Press
#Chief Justice Marsha Ternus#des moines#Iowa#Iowa woman promoted#Law in Nebraska#nation's lone all-male#Supreme Court#Susan Christensen#TodayNews#West Des Moines
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