Gov. Kim Reynolds appoints appeals court Judge David May to Iowa Supreme Court

Gov. Kim Reynolds has named Iowa Court of Appeals Judge David May to the Iowa Supreme Court, her fifth appointment to the seven-member court since taking office.

With his appointment, all seven of the court's members have now been appointed by Republicans — either by Reynolds or her predecessor, former Gov. Terry Branstad.

May, 51, has served on the Court of Appeals since 2019. He was appointed as a district court judge in 2016 and before that worked for 14 years with the Des Moines firm Bradshaw, Fowler, Proctor & Fairgrave. He has a law degree from Drake University Law School, a master's in public health from the University of Oklahoma Health Sciences Center and a bachelor’s degree from the University of Missouri. He resides in Polk City.

Reynolds stood in her formal office at the Iowa Capitol Wednesday as she announced the appointment, saying that May stood out "for his experience, his approach to interpretation and his commitment to judicial restraint."

"He understands that in our system of government, laws are made only by those who are directly accountable to the people, and that as a result, judges should respect the democratic process whenever possible," she said. "The people of Iowa deserve nothing less."

May said he's excited for the challenges in the new role but plans to keep the same philosophy he has carried throughout his career.

"Whether you're at the district court or the court of appeals or the Supreme Court, the basic principles of judging remain the same," he said. "Judges don't exercise the powers of the executive and the Legislature. We have a different job."

In addition to working as a judge, May is a third-degree black belt in taekwondo. Reynolds joked that while May seems mild-mannered, that accomplishment fits with his role as a judge.

"The tenets of taekwondo are courtesy, integrity, perseverance, self control and indomitable spirit," she said. "Judge May has demonstrated all of those qualities and more as a lawyer and as a judge."

May was born in Missouri. He was joined at the ceremony by his wife, Paula, and their son, Matthew. They also have a daughter, Gretchen, who attends Iowa State University.

May is replacing Justice Brent Appel, who retired earlier this month after turning 72, the state's mandatory retirement age for judges.

Appel, who was appointed by Gov. Tom Vilsack in 2006, was the last justice on the Iowa Supreme Court picked by a Democratic governor.

More: 'No one worked harder:' Colleagues honor retiring Iowa Supreme Court Justice Brent Appel

May was previously a finalist for a 2020 vacancy on the Iowa Supreme Court that ultimately went to Justice Matthew McDermott.

Reynolds chose him from among three finalists selected by the State Judicial Nominating Commission, a 17-member panel comprising appointees selected by the governor and members elected by Iowa attorneys. The other finalists for the vacancy were District 1A Judge Alan Heavens of Garnavillo, and attorney William Miller of the Des Moines law firm Dorsey & Whitney.

Governor Kim Reynolds announces appointment of new Iowa Supreme Court Justice.

Posted by Governor Kim Reynolds on Wednesday, July 27, 2022

Iowa Supreme Court recently decided a controversial abortion case, may decide another

The state's high court has seen heightened attention this summer after it ruled last month that the Iowa Constitution does not protect abortion as a fundamental right, overturning a 2018 decision that found abortion rights were protected. The ruling came one week before the U.S. Supreme Court overturned Roe v. Wade, removing federal abortion protections.

More: Iowa Supreme Court says fundamental right to abortion not guaranteed under state constitution

Together, the two decisions will make it significantly easier for Iowa lawmakers and Reynolds — a staunch abortion opponent — to pass laws restricting abortion in Iowa.

Reynolds is running for reelection in the fall. Her Democratic opponent, Deidre DeJear, said in a statement Wednesday afternoon that the governor's appointment of May to the court is another effort in the GOP's agenda "to pack the courts with justices who do not represent the whole of our great state."

"This trajectory is a great danger to our everyday freedoms," DeJear said. "The rule of law should be considered with impartiality, not twisted for political gain."

Reynolds is currently asking a court to revive the state's so-called fetal heartbeat law, which is intended to prohibit abortions after about six weeks of pregnancy, when an embryo's heart begins to develop and emit electrical impulses. A lawsuit involving that law is likely to make its way before the court's new membership eventually.

A July Des Moines Register/Mediacom Iowa Poll found a plurality of Iowans, 48%, approve of the Iowa Supreme Court's performance, while 28% disapprove and 24% are not sure.

While more Iowans than not approve of the court's performance, the court’s approval has fallen by 11 percentage points since the last time the question was asked in an Iowa Poll, in February 2019.

More: Iowa Poll: Majority of Iowans disapprove of U.S. Supreme Court in wake of abortion decision

In his interview with the State Judicial Nominating Commission when applying to fill the Supreme Court vacancy, May said courts should defer when they can to the Legislature.

"To me the best way to avoid the perception that judges are making up the rules as they go along is, particularly when we talk about democratically produced texts like statutes, to carefully follow those texts and to not substitute our viewpoints for those texts," May said. "... I think my record bears out the 300 cases I've written that I've continuously followed that approach."

Ian Richardson covers the Iowa Statehouse for the Des Moines Register. Reach him at [email protected], at 515-284-8254, or on Twitter at @DMRIanR.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at [email protected] or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

This article originally appeared on Des Moines Register: Kim Reynolds names appeals court judge as pick for Iowa Supreme Court