Retired U.S. Supreme Court Justice Sandra Day O’Connor urged a large crowd in Des Moines today to safeguard judicial independence in Iowa:

“We have to address the pressures that are being applied to that one safe place, the courtroom,” O’Connor said. “We have to have a place where judges are not subject to outright retaliation for their judicial decisions. That’s the concept. Sure they can be ousted and that’s part of the system, but what the framers of our federal constitution tried to do was establish a system of judicial selection where the judges would not be subject to retaliation by the other branches for their judicial actions.”

O’Connor is in Iowa at the invitation of the Iowa State Bar Association, which was key in forming the group Iowans for Fair and Impartial Courts. The group’s efforts come as another group, Iowa for Freedom led by former Republican gubernatorial candidate Bob Vander Plaats, is working to oust three Iowa Supreme Court justices who were part of the unanimous decision in Varnum v. Brien legalizing same-sex marriages. […]

O’Connor said today there are threats to the court system by about 20 states that still have openly partisan elections to select judges with vast amounts of campaign contributions coming into the courtrooms. She said it’s eroding the faith in the court system. She urged Iowa to stay the course. “Iowa is probably going through a stressful time now,” she said. “Just don’t throw out the system because at times it’s under stress. And I know you won’t do that.”

O’Connor has experience with partisan politics as well as judicial elections. She was a Republican leader in the Arizona State Senate before being elected as an Arizona judge. Then Governor Bruce Babbitt appointed her to the state’s court of appeals before President Ronald Reagan nominated her for the U.S. Supreme Court.

The Republican Party of Iowa isn’t taking a leading role in ousting the three Supreme Court judges who are up for retention this November. They’ve left that battle to interest groups on the religious right, which plan to spend hundreds of thousands of dollars on the campaign. Behind the scenes, the Republican Governors Association is also reportedly funding Vander Plaats’ new vehicle, Iowans for Freedom.

Many Republican attorneys and business owners oppose the campaign to punish judges for making an unpopular decision. But to my knowledge, not a single Iowa Republican office-holder or candidate has spoken out for retaining the Supreme Court judges and preserving our current judicial nominating system. I’ve seen many Republican candidates call for ousting the judges and returning to judicial elections. Gubernatorial nominee Terry Branstad is nominally staying neutral, declaring the retention vote “an issue on which people need to decide for themselves” and “vote their conscience.”

What a shame that the Iowa Republican tent isn’t large enough to accommodate politicians who respect our judicial system enough to openly defend its independence.