Legal Opinion · Dissent

Rozanne E. King Alisha Jane King Dacie S. Houston, Individually and as Mother and Next Friend of Skylar Dwayne Ostrander, Chay Cortez Ostrander, and Adlia William Cortez Flood III Brandy R. Drake, Individually and as Mother and Next Friend of Logan Genner Luhmann, Susan Maule, Stephanie Maule, and Jacob Maule Michael Campbell, Individually and as Father and Next Friend of George Campbell and Soph

Supreme Court of Iowa

Decided April 20, 2012No. 08–2006Published

1DissentWiggins, Justice

I would find the plaintiffs’ constitutional claims justiciable and remand the case for further proceedings on the merits of those *44claims. Therefore, I dissent from Justice Mansfield’s opinion29 and Chief Justice Cady’s concurring opinion because they reach the merits of the plaintiffs’ claims under the education clause, the due process clause, and the privileges and immunities clause of the Iowa Constitution even though the State did not raise the merits of these issues on appeal. I also dissent from these opinions because they reach the issue that plaintiffs’ petition failed to state a…

2Cases cited28 opinions

  1. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  2. United States v. James R. WagnerCourt of Appeals for the Seventh Circuit · 1996
  3. Zivotofsky Ex Rel. Zivotofsky v. ClintonSupreme Court of the United States · 2012
  4. DeVoss v. StateSupreme Court of Iowa · 2002
  5. State v. SeeringSupreme Court of Iowa · 2005

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API