Legal Opinion · Dissent

State v. Robinson

Supreme Court of Iowa

Decided October 11, 2000No. 98-1040Published

1DissentSnell, Justice

I respectfully dissent.

The majority has reached its result by invading the domain of the legislature which, under our structure of government, is given the sole responsibility to create the law. In so doing, it has violated the separation of powers doctrine and concomitantly inverted our cardinal rule of statutory construction. See State v. Wagner, 596 N.W.2d 83, 89 (Iowa 1999). That rule directs us to look first to the words of the statute to determine if its meaning is ambiguous. Iowa Comprehensive Petroleum Underground Storage Tank Fund Bd. v. Mobil Oil Corp., 606 N.W.2d 359, 363 (Iowa…

2Cases cited21 opinions

  1. Slager v. HWA Corp.Supreme Court of Iowa · 1989
  2. Jahnke Ex Rel. Jahnke v. Incorporated City of Des MoinesSupreme Court of Iowa · 1971
  3. Moulton v. Iowa Employment Security CommissionSupreme Court of Iowa · 1948
  4. Webster County Board of Supervisors v. FlatterySupreme Court of Iowa · 1978
  5. State v. WagnerSupreme Court of Iowa · 1999

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