748 days after the Iowa Supreme Court issued its decision in Varnum v. Brien case, five Republican State Representatives have filed impeachment resolutions against the four remaining Supreme Court justices.
The charges are spelled on in each of the four separate resolutions. Below is the text of House Resolution 50, which calls for the impeachment of Justice Wiggins.
BY SHAW, ALONS, DE BOEF, MASSIE, and PEARSON
A Resolution impeaching Supreme Court Justice David S. Wiggins for malfeasance in office.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That Supreme Court Justice David S. Wiggins is impeached for malfeasance in office, and that the following article of impeachment be exhibited and presented to the Senate:
That Supreme Court Justice David S. Wiggins in violation of his constitutional oath undertaken before taking office to support the Constitution of the United States and the Constitution of the State of Iowa, has committed malfeasance in office through his action to sanction marriage between persons of the same sex in the Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009), ruling issued on April 3, 2009, by the following conduct:
By unconstitutionally exercising functions properly belonging to the legislative and executive departments as follows:
(1) By his action in the Varnum case, Justice Wiggins improperly assumed the function and role of an elected legislator by ordering that the language in Iowa Code section 595.2 limiting civil marriage to a man and a woman must be stricken from the statute as enacted by the legislative department and approved by the governor of the executive department in 1998.
(2) By his action in the Varnum case, Justice Wiggins knowingly and intentionally usurped the proper function delegated solely and exclusively to the legislative department of declaring public policy, through his judicial declaration of a new public policy contrary to long=standing public policy acknowledged by society and established in Iowa Code section 595.2, subsection 1.
(3) By his action in the Varnum case, Justice Wiggins has improperly required the executive department to issue marriage licenses to parties of the same sex in direct contravention of Iowa Code section 595.2.
(4) By his action in the Varnum case, Justice Wiggins has created a constitutional crisis regarding the enforcement of the Varnum ruling by allowing different interpretations of the definition of marriage to exist indefinitely within the separate departments of government, leaving the people with no immediate remedy to address this crisis.
(5) By his action in the Varnum case, Justice Wiggins has created a constitutional imbalance and confusion within the State of Iowa as to the proper constitutional function of each department, thus undermining the integrity of the tripartite separation of powers among the departments and creating social disorder and unrest.
BE IT FURTHER RESOLVED BY THE HOUSE, That the conduct of Supreme Court Justice David S. Wiggins, in committing malfeasance in office, warrants impeachment, trial by the Senate, and removal and disqualification from any office of honor, trust, or profit under the state pursuant to the procedures set out in Iowa Code 3 2 chapter 68.
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