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The Elbert Files: Worrisome words - Business Record
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Elbert: Worrisome words Friday, July 2, 2021 6:00 AM
The Iowa Supreme Court’s poor choice of words in its recent dismissal of a high-profile Raccoon River pollution case is striking.
In refusing to allow the case to proceed to trial, the 4-3 majority opinion written by Justice Edward Mansfield sets a precedent that appears to severely limit the court’s power in the future.
“In the end, we believe it [allowing the case to proceed] would exceed our institutional role to ‘hold the state accountable to the public.’ Those words, used by the plaintiff to describe what they ask of us, go beyond the accepted role of courts and would entangle us in overseeing the political branches of government,” the opinion says.