Iowa Legislator Seeks To Bar Courts From Using Precedent or Case Law

Republican Iowa legislator Jason Schultz has introduced legislation to rid the state courts of the scourge of . . . precedent.

Schultz wants to pass a law that prohibits the “use [of] judicial precedent, case law, penumbras, or international law.” He does allow judges to continue to use ink.

Schultz would effectively gut the legacy of William Blackstone and over two hundred years of American jurisprudence. Under the bill, a court could not interpret ambiguities in a law. The system of appellate courts would be shattered since lower courts would not be able to rely on “case law” or precedent. No one seriously believes that this law will pass. There is sufficient adult supervision in Iowa to stop it. It is the legislative version of graffiti and shows the same type of senseless flailing that characterizes much of our politics today.

Schultz is a farmer. He is serving his first term in the Iowa House.

Here is his proposal:

A BILL FOR

1 An Act relating to judicial authority, and making penalties
2 applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

1 1 Section 1. NEW SECTION. 602.1100 Judicial authority.
1 2 1. A judicial officer shall not use judicial precedent,
1 3 case law, penumbras, or international law as a basis for
1 4 rulings. A judicial officer shall only use the Constitution
1 5 of the United States, the Constitution of the State of Iowa,
1 6 and the Code of Iowa as the basis for any ruling issued by such
1 7 judicial officer. The only source material that may be used
1 8 for interpreting the Constitution of the United States by a
1 9 judicial officer in this state shall be the Federalist papers
1 10 and other writings of the founding fathers to describe the
1 11 intent of the founding fathers, and if such source material is
1 12 used, the full context of the source material must be used by
1 13 the judicial officer.
1 14 2. This section is not reviewable by the court.
1 15 3. A violation of this section by a judicial officer shall
1 16 be considered malfeasance in office and subjects the judicial
1 17 officer to impeachment under chapter 68.
1 18 EXPLANATION
1 19 This bill relates to judicial authority.
1 20 Under the bill, a judicial officer shall not use judicial
1 21 precedent, case law, penumbras, or international law as a
1 22 basis for rulings. The bill specifies that a judicial officer
1 23 shall only use the Constitution of the United States, the
1 24 Constitution of the State of Iowa, and the Code of Iowa as the
1 25 basis for any ruling issued by such officer.
1 26 Under the bill, the only source material that may be used
1 27 for interpreting the Constitution of the United States by a
1 28 judicial officer in this state shall be the Federalist papers
1 29 and other writings of the founding fathers to describe the
1 30 intent of the founding fathers, and if such source material is
1 31 used, the full context of the source material cited must be
1 32 used by the judicial officer.
1 33 The provisions in the bill are not reviewable by the court.
1 34 A violation of this bill by a judicial officer shall be
1 35 considered malfeasance in office and subjects the judicial
2 1 officer to impeachment under Code chapter 68.
2 2 A judicial officer is defined in Code section 602.1101(7).
LSB 6124YH (2) 83
jm/rj

Kudos: Michael Patrick Maskell