In an opinion signed by the three justices opposing the move, Justice Thomas D. Waterman wrote that Reynolds was asking the court to “do something that has never happened in Iowa history.”“In our view, it is legislating from the bench to take a statute that was moribund when it was enacted and has been enjoined for four years and then to put it into effect,” he wrote.
The state’s high court has seven members, but one was recused from the case, creating the prospect of a tie.
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