Iowa Supreme Court Justice David May facing November retention vote amid abortion ruling

DES MOINES, Iowa (Gray Media Iowa Capitol Bureau) – One of Iowa’s Supreme Court justices who voted to uphold Iowa’s strict abortion law will be on your November ballot. The law bans abortion once cardiac activity is detected, which doctors say is usually around six weeks of pregnancy. In late June, the Iowa Supreme Court ruled in a 4-3 decision that the law could take effect.

Iowa Supreme Court Justices, unlike federal, are not a lifetime appointment. They go up for retention votes every eight years.

Typically, there’s not much drama involved. This time, one of the justices voted to allow Iowa’s strict abortion law to take effect. That could become a factor in whether he stays on the bench.

Rekha Basu, a retired columnist for the Des Moines Register says she’s voting to remove Justice David May. “It’s horrifying for a group of women members, male dominated members, of the Iowa Supreme Court to decide what rights a woman or a girl has over her own body,” Basu said.

Basu says the court ruled against the will of the people. “The majority of Iowans, more than 60%, believe in a woman’s right to choose abortion so it goes against the will of the people of Iowa,” she said.

But Alan Ostergren, a conservative attorney, says Iowans should keep May on the bench. “This is a justice who did his job and decided this case fairly and objectively based on what he in good faith thought the law required,” Ostergren said.

While most of the attention in this election will be on national races, Ostergren says people should pay attention to this one. “We need to have the court able to make hard decisions. Decisions that not everybody will necessarily agree with because they’re making decisions based on the law, not based on public polling,” he said.

Basu takes a different view.

“If they say there should be no politics with the court system, why is there a retention election in the first place? That’s provided for under Iowa law. If you think someone is qualified to be a Supreme Court justice based on what their rulings have been, then you vote yes. If they’re not qualified, then you vote no. What makes that political?,” she said.

If voters end up deciding to remove May, a state commission will submit names of potential justices to Governor Reynolds. Then, Reynolds will make the final decision of who takes the seat.

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Conner Hendricks covers state government and politics for Gray Media-owned stations in Iowa. Email him at conner.hendricks@gray.tv; and follow him on Facebook at Conner Hendricks TV or on X/Twitter @ConnerReports.

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