Legal Opinion · Concurrence

Dool v. Burke

Court of Appeals for the Tenth Circuit

Decided September 13, 2012No. 10-3320Unpublished

1ConcurrenceMatheson, J.

I would affirm on the same grounds as Carlson v. Wiggins, 675 F.3d 1134 (8th Cir.2012), which rejected a similar challenge to Iowa’s merit judicial selection system. The Eighth Circuit determined that Iowa’s limitation on voting for attorney members of its nominating commission to Iowa lawyers was entitled to rational basis review because the commission performs a limited purpose, affects attorneys more than others, and therefore meets the Su*793preme Court’s Salyer/Ball standard. See id. at 1140-42; see also Ball v. James, 451 U.S. 355, 370-71, 101 S.Ct. 1811, 68 L.Ed.2d 150 (1981); Salyer Land…

2Cases cited8 opinions

  1. Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
  2. Hadley v. Junior College District of Metropolitan Kansas CitySupreme Court of the United States · 1970
  3. Salyer Land Co. v. Tulare Lake Basin Water Storage DistrictSupreme Court of the United States · 1973
  4. Ball v. JamesSupreme Court of the United States · 1981
  5. Bradley v. WorkDistrict Court, S.D. Indiana · 1996

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