Iowans vote to oust all three Supreme Court justices
National News
All three Iowa Supreme Court justices up for retention election have been ousted from the bench.
Around 54 percent of Iowans voted not to retain each of the three judges: Supreme Court Chief Justice Marsha Ternus and associate justices Michael J. Streit and David L. Baker. The campaign for the judges ouster was based on the court’s unanimous 2009 ruling that legalized same-sex marriage in Iowa.
There were 74 judges, including three Supreme Court justices, on the ballot Tuesday. Only the Supreme Court justices, however, came anywhere close to being removed from the bench.
The highly charged campaign featured more than $1 million in spending against the judges from national anti-gay organizations like the Mississippi-based American Family Association, Washington, D.C.-based Family Research Council, Arizona-based Alliance Defense Fund, Georgia-based Faith & Freedom Coalition and New Jersey-based National Organization for Marriage. The campaign culminated in a 20-city bus tour across Iowa.
The groups pushing for ouster promised that this was simply the first battle in a nationwide war against gay marriage and gay rights.
“If you rise up you will see states calling, other people from other states phoning and e-mailing and coming to find out how you did it because they too want to take their state back,” said Tamara Scott, of the Concerned Women of America’s Iowa chapter and a participant in the bus tour.
Despite the ouster of the judges, though, same-sex marriage continues to be legal in Iowa, and outgoing Democratic Gov. Chet Culver has the authority to appoint the judges’ successors.
Related listings
-
MPs ordered back to work by Iraq's Supreme Court
National News 10/25/2010Iraq's highest court has ordered the country's parliament back to work, in a ruling that could help break a seven-month deadlock in negotiations to form a new government.The chief judge of the Federal Supreme Court, Midhat Mahmoud, said the court had...
-
Court won't get into battle between 2 USCs
National News 10/04/2010The Supreme Court won't decide who really owns the initials "SC" when it comes to college sports: the University of Southern California or the University of South Carolina.The high court on Monday refused to hear an appeal from South Carolina, which ...
-
SEC Has Toughened Enforcement Efforts, Agency Says
National News 09/22/2010The Securities and Exchange Commission's chief enforcement official says the agency has toughened its efforts to shut down financial misconduct after failing to act quickly in the cases of R. Allen Stanford and Bernard Madoff.SEC Enforcement Director...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.