(A few reasons) why Angela Onwuachi-Willig should be appointed to the Iowa Supreme Court
posted by Kaimipono D. Wenger
Various law blogs have mentioned the news that University of Iowa law professor Angela Onwuachi-Willig is on the short list for the Iowa Supreme Court.
Angela is a leading scholar on topics of racial justice and critical race theory. She is the only woman on the shortlist, as well as the only person of color.
In addition, Angela is a longstanding supporter of LGBT rights who has written eloquently in favor of marriage equality and who signed a brief supporting marriage equality in Varnum v. Brien.
Given the backdrop of the current Iowa vacancies — they are the direct result of a homophobic right-wing smear campaign — I am thrilled to see Angela’s name on the shortlist. I can think of no better way to respond to the anti-gay hate machine than to fill a court vacancy with a smart, articulate, energetic Black woman who is committed to LGBT rights — and to a principled and progressive feminist and antiracist legal philosophy as well.
January 31, 2011 at 4:24 pm
Tags: Courts, LGBT, Race
Posted in: Courts, Current Events, LGBT, Race
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Responses (7)
Maryland Conservatarian - January 31, 2011 at 6:31 pm
Wow – right on!! – way to embrace the “new” civility…you know, now that I think about it, Obama’s 2008 anti-gay message of support for traditional marriage is probably the only reason Iowa voted for him.
Of course yours is really the only rational response to voters who refuse to accept that lawyers are presumptively the best arbiters of societal norms and that to disagree with some of them in such a dramatic fashion (in this instance , not giving them a majority “yes” vote) only serves to perpetuate the myth that perhaps progressives don’t know what’s best for the rest of us.
Chris - February 1, 2011 at 8:17 am
I agree with the pro-Onwuachi-Willig sentiments, but those are the reason she will probably not be nominated and almost certainly not be confirmed. We have a new Republican governor who, while not a firebrand, will not want to upset the rabid conservatives this early in his term. The senate, while controlled by Democrats, is split closely enough that concern for their own political survival will lead a number of Democrats to vote against her. I hope I’m wrong. While never having her for class, every interaction I had with Prof. Onwuachi-Willig was great.
AYY - February 1, 2011 at 11:59 am
Aren’t we supposed to be on the civility bandwagon now?
The article you link to doesn’t support your statement that the vacancies were the result of a “homophobic right wing smear campaign” or an “anti-gay hate machine.” It was that the judges were kicked out because they usurped the role of the legislature. It’s the difference between process and substance. You could have made that clearer.
Also being a leading scholar on critical race theory and being committed to a progressive philosophy might play well in academia but it does not suggest that she would serve the citizens of Iowa well as a Supreme Court justice.
ouch - February 4, 2011 at 2:00 pm
Dear god, Kaimi, we usually think that impartiality is a good quality in a judge, not extreme partisanship. Plus, many Iowans may think that a state supreme court candidate should have certain qualities beyond sharing Kaimi’s political agenda, like: prior judicial experience; significant litigation experience; high respect among practicing attorneys; significant academic work in important doctrinal fields (not in “critical legal studies”, but “real” legal studies, showing one’s capacity not just to yakk about injustice, but to work within existing statutes and precedents, etc). What you’ve written here pretty much disqualifies Ms.O-W from the job, but I am hoping that despite your odd attempts to stir political hype, she is in fact a qualified candidate.
Kaimi - February 4, 2011 at 11:39 pm
ouch writes that “many Iowans may think that a state supreme court candidate should have certain qualities beyond sharing Kaimi’s political agenda, like: prior judicial experience; significant litigation experience; high respect among practicing attorneys; significant academic work in important doctrinal fields”
Based on the judicial retention election, I don’t think that Iowans are looking for judges with those qualities at all. After all, they just voted to throw out three judges who easily meet those criteria. Take a look at http://www.iowacourts.gov/Supreme_Court/Justices/Michael_J_Streit/ :
And there’s Chief Justice Ternus (private practice, Bar Association president, jury instructions committee).
And Justice David Baker (25 years private practice, exceptional ratings on Martindale-Hubble, extensive bar association and CLE work).
You can see http://iabar.net/associations/4664/files/Supreme%20Court.pdffor details on each.
AYY - February 5, 2011 at 1:26 am
Kaimi,
The problem is that according to the article you linked to and the comments to that article, Prof Onwuachi-Willig wasn’t even licensed to practice in Iowa until the end of January of this year. This means she’s never tried a case or argued an appeal in an Iowa court.
Now one can wonder why someone who wasn’t even licensed to practice in a state feels qualified enough to have applied for an opening on the state Supreme Court. But what’s more bizarre is that she beat out 50 other highly qualified candidates to make the short list, and some of those candidates were sitting judges. The only explanation is that those who picked the short list had a political or sociological agenda.
ouch - February 5, 2011 at 1:57 am
Kaimi: Iowa voters obviously thought those judges were qualified because they were appointed in the first place; they were removed because voters believed that judges usurped the role of the legislature. Based on these facts, you are suggesting to appoint a woman who has no relevant experience whatsoever *and* who shares the agenda that got the qualified judges ousted. How does it make sense?
By the way, I just looked up Ms. O-W’s resume, and there is no question she is unqualified. (I share her views re gay marriage BTW). She only became a member of the Iowa bar in anticipation of this appointment! How well do you think she knows Iowa law? How well does she understand Iowa’s judicial and legal institutions? She has no judicial experience, very limited practice experience, no name as a practicing attorney, and no name as a doctrinal academic. C’mon now. Iowa can do better. No doubt there are women and non-whites who are actually qualified. Why the commission selected her is beyond me.
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