A recent guest column by Republican Rep. Steve King in The Des Moines Register has drawn the ire of a leader of Iowa’s social conservative movement, and even raised the specter of a primary.
King said last month’s decision by the Iowa Supreme Court legalizing same-sex marriage is “lawless” and called on Iowans to amend the Iowa Constitution to “protect marriage from the courts.”
However, he also criticized those who call for elected officials to ignore the ruling, saying judicial review — the court’s authority to declare laws unconstitutional — exists, and arguments to the contrary have the same flaw:
“They contain no end game, no solution, and no resolution, while denying judicial review itself,” he said. “Like a dog chasing its tail, all of these proposals end up before the same court again, producing likely the same result we have today.
“The courts have the power to interpret the law to decide cases. Since 1803, in the case of Marbury v. Madison, the judicial branch has exercised the power of judicial review. But constitutionally there exists the right and the duty of the people to overrule the will of the court.”
Bill Salier, a former candidate for Senate and founder of the conservative group Everyday America, said he agrees with the premise that the state should amend its constitution. But in addition, elected officials must be willing to confront the judicial branch, as well as ignore decisions they disagree with. If they are not willing to do so, they should be replaced with people who are.
“When the governor stands up and says ‘I will not enforce this order.’ When the statehouse stands up and says this [law] is still on the books, and county recorders will abide by the law that is still on the books. That is the end game,” Salier said Wednesday on Steve Deace’s WHO-AM radio program. “So what if the court comes up and says ‘Uh uh.’ That’s all they can do. They don’t have any authority in this matter. They don’t have the guns, they don’t have the money. The statehouse and the governor control the law. We control them.”
There are only two possible explanations for King’s position, Salier said. Either he erred in his analysis of what to do and is now stuck defending his position or he doesn’t know that the court can be confronted.
“If it isn’t [that he doesn’t understand,] if it is because he read the political tea leaves, thought he had to move a certain way, misjudged and now he’s set his feet there… then somebody should primary King,” he said.
Salier became a hero to many social conservatives in Iowa when in 2002 he nearly defeated four-term U.S. Rep. Greg Ganske for the right to run against U.S. Sen. Tom Harkin, despite opposition from the GOP establishment and being outspent 10 to 1. His campaign was focused almost entirely on social issues.
Since the court’s same-sex marriage ruling April 3, Salier has repeatedly threated primaries against incumbent Republicans whom he says haven’t responded strongly enough, including U.S. Sen. Charles Grassley and leaders of the state Republican Party.




