Iowa Supreme Court Justice David May faces retention vote; he voted to uphold abortion ban

An Iowa Supreme Court justice is up for reelection less than six months after voting to uphold the state's controversial six-week abortion ban.

First appointed to the court in 2022, David May is now standing for his first retention election.

He joined the 4-3 majority that allowed Iowa's six-week abortion ban to take effect. The so-called "fetal heartbeat" law bans most abortions after embryonic cardiac activity can be detected — about the sixth week of pregnancy, before many women know they're pregnant — with exceptions for rape, incest, unsurvivable fetal abnormalities or to save the life of the mother.

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How was Justice David May appointed to the Iowa Supreme Court?

May is the fifth justice appointed by Gov. Kim Reynolds since 2018, a period of turnover that has transformed the makeup and perspective of the seven-member court. Before joining the court, May served on the Iowa Court of Appeals.

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In the recent 2023-24 term, May was largely aligned with the rest of the court, all now appointed by Republican governors. His notable decisions include ruling that a mother who left her children at home didn't commit a crime and that the Iowa Constitution bars child abuse victims from testifying at trial via one-way video.

What do Iowa lawyers think about Justice David May's performance?

In the Iowa Bar Association's survey, May received a relatively cool response compared with other recent appointees to the court. Sixty-five percent of respondents recommended May be retained, compared with 77% and 81%, respectively, for colleagues Matthew McDermott and Dana Oxley in 2022.

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May also was rated lower than Oxley and McDermott on each individual quality measured by the survey, from knowledge of the law to temperament and courtesy to deciding cases without outside influence.

This story was updated to add a video.

This article originally appeared on Des Moines Register: An Iowa Supreme Court justice who upheld abortion ban is on the ballot