
Erin Izzo
Non-Partisan | Kentucky
Candidate Profile*
Originalist
BIOGRAPHY
Name
Erin Izzo
Party
Non-Partisan
Election Year
2024
Election
General
Race
Supreme Court, 5th District
Incumbent
No
EDUCATION
Dartmouth College, Hanover, NH, A.B., 2000
University of Kentucky College of Law, Lexington, KY, J.D., 2005
WORK & MILITARY
Judicial Staff Attorney, 50th Judicial Circuit, Commonwealth of Kentucky, 2005-2007
Assistant Fayette County Attorney, Child Support Enforcement, 2007
Attorney, Lynn Fulkerson Nichols & Kinkel, 2007-2011
Partner and Arbitrator, Landrum & Shouse, 2011-Present
AFFILIATIONS
KY High School Mock Trial Association, Board Member
Dartmouth Club of Kentucky, District Enrollment Director for Kentucky
Boy Scouts Troup 382, Lexington, KY, Treasurer
Cub Scouts Pack 211, Lexington, KY, Treasurer
Foster Child Review Board, Franklin County, KY, Interested Person Panel Member
Foster Child Review Board, Fayette County, KY, Interested Person Panel Member
Dartmouth Alumni Council, Regional At-Large Representative, Atlantic States
Greenhouse 17 Domestic Violence Shelter, Pumpkin Donor
The Federalist Society, Member
POLITICAL OFFICES HELD
Candidate did not provide
POLITICAL OFFICES SOUGHT
Candidate did not provide
ENDORSEMENTS*
CONSERVATIVE (5)
Kentucky Right to Life Association (KRTL); Judge Voter Guide; Jessamine County Republican Party; *Bourbon County Republican Party; *Women Republicans of Central Kentucky (WROCK)
OTHER (1)
Republican Party of Madison County
REPORTED BY CANDIDATE (2)
Republican Party of Clark County; Craig Huey
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (0)
RECEIVED BY CANDIDATE (1)
Republican Women's Organizations (2024)
OTHER INFORMATION
Posted to Facebook
"My favorite U.S. Supreme Court Justice, Justice Antonin Scalia said it right -- 'The Constitution says what it says, and does not say what it does not say.' Make sure your rights are protected. Vote for IZZO on November 5th!"
Posted to Facebook
"Hey Kentucky, know before you go! Save time at the polls! Here is the complete text of Amendment 1 on the ballot in November. The new/amended language is underlined in red."
Posted to Facebook
"Hey Kentucky! Save time at the polls! Know before you go! Here is the complete text of Amendment 2 on the ballot in November."
Posted to Facebook
"Our Kentucky Supreme Court said using my opponent's definition of the word 'proceedings' would "rende[r] the statute illogical." See what else they said below. In 32 days, Kentuckians want to know that the person they have elected to their Highest Court will do the job right. Vote for Erin Izzo for the Kentucky Supreme Court!#ErinIzzo #KentuckySupremeCourt #JusticeForAll #campaign2024 … See more"
Attached was a photo stating, "The Kentucky Supreme Court says: Her 'definition of proceedings ... [would] require a multitude of "do- overs"... This overly broad interpretation would lead to inconsistent results and negate the authority of the General Assembly to amend statutes.'"
Posted to Facebook
" ENDORSEMENT ALERT! Thank you to the Republican Party of Jessamine County for your endorsement and support in the race for the Kentucky Supreme Court! I am humbled by your graciousness, and I look forward to continuing to serve Kentucky from our Highest Court!#ErinIzzo #KentuckySupremeCourt #JusticeForAll #campaign2024 #jessaminecounty"
"Ensure our legal system remains fair, transparent, and accessible to all." — Erin Izzo
Participated in Candidate Forum Q&A with the League of Women Voters of Lexington, KY.
Erin Izzo said it is "imperative to have someone who will look at the law as it is and interpret the law as it has been written by the legislator."
See: Participated in Candidate Forum Q&A with the League of Women Voters of Lexington, KY.
“…I consider do myself to be a constitutional originalist. Those familiar with Justice Scalia of the US Supreme Court [know that he is credited] with originating this term. And with that perspective, what I do is look at the terminology that has been used and try to understand what was meant at the time when the law was adopted, because I think that if you're going to fully understand the breadth of the law and what it is meant to apply to, you need to understand what people had in mind when they were actually adopting and passing the legislation.”
See: Participated in Candidate Forum Q&A with the League of Women Voters of Lexington, KY.
Erin Izzo's response to question pertaining to judicial independence:
- "The independence of the judiciary is absolute key because we’re the cornerstone to make sure that the system of government that we have in place with its checks and balances actually works.”
- Izzo emphasized that judges and the public may not always agree with court decisions, but this often indicates that the law is being upheld. She paraphrased Justice Scalia, stating, “If you are truly following the law and examining it properly, you’re not always going to like the conclusions you reach. If you do, then you’re doing something wrong.”
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain.
Yes. There is no mention of abortion in the Constitution, and Justice Alito's opinion evaluates the law using proper analytical methodologies. These methodologies were largely ignored when the Court rendered its earlier decision in Roe v. Wade, which instead addressed the abortion question using societal trends instead of legal analysis. The purpose of the judicial branch of government is to be the neutral; it is to decide cases based upon the law as it exists. Justice Scalia said it best, the Constitution says what it says and doesn't say what it doesn't say. To paraphrase the 9th Amendment, the fact that the Constitution lists certain rights does not mean that the people do not have the other rights that are not spelled out in the constitutional text. Similarly, per the 10th Amendment, those powers that have not been reserved to the United States by the Constitution are reserved to the states or to the people. With respect to the abortion question, this means that the question remains one reserved to the states or to the people, and is not a question to be decided by the federal government.
I support a right to accelerate ending a human life.
Disagree
In the abortion context, there may be medical reasons for this. For example, Type II osteogenesis imperfecta (most severe type of brittle bone syndrome) causes babies with this genetic condition to die in utero or shortly after birth if they survive the delivery process. Medically, that may be when a physician determines that ending a human life is necessary. Assisted suicide is not a liberty protected by the 5th and 14th Amendments, which protect against deprivation of life by the government.
Human life deserves legal protection from conception until natural death.
Strongly Agree
Yes, as protected by the Constitution, which prohibits the government from depriving people of their life.
RELIGIOUS LIBERTY
Religious liberty is at risk in the United States.
Agree
Religious liberty is at risk. The First Amendment protects religion and is meant to defend those with religious beliefs from having their beliefs intruded upon by others. I would select "Strongly Agree", but I feel that our rights to Free Speech and Free Association are perhaps in greater jeopardy at the present given all the silencing that is going on with conservative opinions.
2ND AMENDMENT
The right to bear arms is fundamental and must be protected.
Strongly Agree
I believe that the 2nd Amendment is by far our most important Amendment. The right to keep and bear arms, and to militia, enables us to protect ourselves and all of our other rights as well.
OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
None of them. The discussion the Founding Fathers had during the Constitutional Convention make it clear that no branch of government was to be all-powerful. The checks and balances in place, along with the separation of powers doctrine, are meant to protect against that.
How should the court address public health and individual freedoms in the time of a public health emergency?
Uphold the Constitution.
JUDICIAL PHILOSOPHY
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
Justice Antonin Scalia. He is credited as being the founder of originalism when it comes to constitutional interpretation, though I think our Founding Fathers had the original ideas in the first place. Founding Father James Wilson is regarded as one of the foremost constitutional authorities in American history. Justice Scalia's approach of looking at what was intended when the Constitution was written is the proper way to put the Constitution into its correct context. How better to understand what a law means than to look at what the language meant at the time it was written? This is the approach I have used throughout my practice, and I have long considered myself to be a constitutional originalist.
Is there a separation of church and state in the Constitution? Please explain.
The First Amendment protects the free exercise of religion, and prohibits the government from establishing a religion. This has been interpreted through precedent as creating a boundary between church and state such that the government does not encroach upon religion. This does not mean that the church and the state remain in separate spheres without any overlap, however. The main goal that our Founding Fathers had was to prevent the state from overtaking religion and penalizing those not conforming to the state's faith, as had happened in England.
Should courts address threats to religious liberty in the United States? If so, how?
Courts are bound to uphold the Constitution. This includes protecting religious beliefs and the free exercise of religion from intrusion by the government. It also includes preventing the government from establishing a religion, either by creating a national church or through indoctrination. When cases come before the courts involving these issues, we must be able to count on our courts to strike down laws that threaten our rights.
Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain.
No. The Obergefell decision was based on social policy instead of the law. Domestic relations issues and marriage have long been exclusively handled by the states. A case I just succeeded in getting dismissed at the 6th Circuit Court of Appeals involved a litigant trying to have the federal courts set aside the state court judgments awarding child custody to the other spouse, the reason being the federal courts are without subject matter jurisdiction to hear these cases. Nowhere in the Constitution does it say anything about marriage. Instead, the 10th Amendment specifically reserves to the states those powers not delegated to the United States. Thus marriage and whether it is only between a man and a woman has been and still is a right belonging to the states.
Was Bostock v. Clayton County rightly decided under the law? Please explain.
No. Title VII of the Civil Rights Act of 1964 prohibits discrimination based upon sex. The Civil Rights Act of 1964 does not include sexual orientation or gender identity as protected classes. This has been reaffirmed by the Eastern District of Kentucky and, preliminarily, the Sixth Circuit Court of Appeals in their recent decisions involving Title IX, which has the same terminology as Title VII. The term "sex" in both laws means biological sex, male and female.
I agree that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” (Troxel v. Granville, 530 U.S. 57, 65-66 (2000); quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944).
Strongly Agree
What should a judge do when legislative texts and court precedents dictate different results?
Courts are bound to uphold the Constitution, first and foremost. With legislative texts, courts should evaluate whether those texts have exceeded the authority delegated to the Legislature by the Constitution. This could mean a separation of powers analysis or examining whether the legislative texts themselves are unconstitutional, depending upon context. With respect to court precedents dictating different results, it is important to remember that laws may change, and the court's role is to interpret the law as a neutral. The judicial branch of government is not intended to engage in judicial activism.
When should a judge overturn past court decisions?
Stare decisis is a legal principle whereby courts follow precedent when deciding cases that are similar in some fashion. However, sometimes past court decisions have been decided incorrectly in the sense that the correct legal analysis has been misapplied, regardless of the conclusion reached. An incorrect analysis can have lasting effects, as we have seen with Roe v. Wade and the Dobbs decision. In other instances, sometimes the law has changed, which renders past decisions legally faulty and they will be overturned because of the change in the law.
When, if ever, should a judge take popular opinion or the social views of the majority into consideration?
Never.
Do you believe the meaning of the Constitution changes over time, absent changes through the amendment process of Article V?
No
What do you believe is the single most important quality a judge should possess?
I believe the single most important quality a judge should possess is the ability to listen. Everyone you meet in life knows something that you do not. From the tradesman to the CEO, everyone has different life experiences and knowledge that you do not have. They will have different perspectives and different interpretations of things. It is important to listen to these perspectives and interpretations to best understand legal arguments when deciding cases.
If you are an incumbent judge, describe a recent instance in which you acted to preserve your judicial independence. If you are an aspiring judge, how do you plan to remain independent if elected to the bench?
There is no incumbent judge in this election for the Kentucky Supreme Court. As a judicial candidate I will remain independent by continuing to interact with Kentuckians holding viewpoints across both ends of the political spectrum. I will base my decisions on the law and what the law is, not on what someone wishes the law was. Justice Scalia observed that to truly be a good judge, that person has to accept that they might not always like the conclusion they reach at the end of the legal analysis. Independence is being able to reach that conclusion on the basis of the law without interference from outside influences. That is what I have done as an arbitrator, and that is what I will continue to do as your Kentucky Supreme Court Justice.
ABOUT YOU
What, if any, church or organizations do you belong to?
I do not belong to any religious organizations because my faith has had a long journey. Spiritually, I find peace with the Catholic Church.
I voted in these primaries and general elections:
2014 Democratic Primary 2014 General Election 2016 Republican Primary 2016 General Election 2018 Republican Primary 2018 General Election 2020 Republican Primary 2020 General Election 2022 Republican Primary 2022 General Election
I changed parties in around 2016. The 2016 primary, I did vote, but do not remember with which party I was registered at that time.
Have you ever been convicted of a felony? If so, please explain.
No.
Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
No.
Would you describe your judicial philosophy as originalist, living constitutionalist, or something else? Please explain.
Originalist, courtesy of Justice Scalia.
VALUES
Briefly describe your spiritual beliefs and values.
My relationship with G-d is a very intimate and personal one. I believe in prayer and in following His teachings, but I do not believe in politicizing my faith. He will lead me to where He wants me to be, and I trust in Him.
What is your view of parental rights regarding the upbringing of children, specifically education and sexual "identity"?
Parents should be able to provide an education for their children, public or private, and should be able to control whether their child's education includes studies in sexual "identity" or not. When education is to include a program of instruction that is not age appropriate, parents absolutely should be made aware of this to decide whether to allow their child to participate.
I support "gender identity" as a specially protected class. Please explain.
Strongly Disagree
A protected class is meant to be one that does not change. To have the benefit of legal protection, the trait or characteristic being protected is an immutable trait that is either difficult or impossible to change. Media demonstrates how "gender identity" is fluid, and is often not capable of definition.
What do you believe to be true about the human condition?
If there is one thing I believe to be true about the human condition, it is that human beings are fallible. Even the worst outcomes may be paved with good intentions. Above all, remember that every person you meet in life knows something that you don't. Learn from them, work with them, and grow.
EQUALITY
I agree with Critical Race Theory (CRT).
Disagree
The idea that race played a part in societal constructs after slavery was abolished is valid, because it did play a part - as did poverty and education - in American history. However, to take that view to its extremes by arguing that everything that happens in the U.S. today is racially motivated ignores the fact that it's not, and often stirs up more animosity than solving anything.
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