Former State Senator Kent Sorenson tested positive for marijuana two weeks ago, according to court documents released today. Sorenson is on probation pre-trial release under supervision while he awaits sentencing for concealing illegal payments he received from Ron Paul’s presidential campaign and giving false testimony about the scheme. Jason Noble reported for the Des Moines Register,

His attorney, F. Montgomery Brown, said Sorenson disclosed using marijuana prior to making his plea and denies using since he’s been under court supervision. Testing shows declining levels of the drug, Brown added, which is “consistent with abstinence.”

In the court documents, the probation officer assigned to Sorenson asked that no action be taken in response to the drug test, noting that he has maintained full-time employment. The U.S. Department of Justice attorney assigned to the case did not object.

“I would not expect it to have any impact upon his pretrial release at this time,” Brown said. “They’re not asking for any revocation of that release.

Brown added, “He’s not the first tea partier to have a substance abuse issue.”

I hope Sorenson gets the help he needs to abstain from habit-forming drugs. Questions for those in the Bleeding Heartland community who are familiar with the criminal justice system: is it typical for a probation officer and a DOJ attorney not to recommend immediate consequences for a defendant who violated probation by failing a drug test? And would a positive drug test likely affect the sentence Sorenson will receive, even though the crimes to which he pled guilty are unrelated to illegal drug use?

Former Republican presidential nominee Mitt Romney has been campaigning in Iowa yesterday and today with U.S. Senate candidate Joni Ernst. After the jump I’ve enclosed excerpts from some of the news coverage of Romney’s visit. Free publicity is always helpful in a close election, but I’m not sure Romney can bring any voters who aren’t already supporting Ernst into her corner.

Social conservative talk radio host thinks appearing alongside Romney “makes absolutely no sense”: “Ernst is being blasted in endless commercials for being a corporate shill, so why bring in to campaign for you a guy Iowans just rejected in the last election as a corporate shill? Ernst already has the moderate, corporatist GOP vote all locked up.” He thinks Ernst needs to do more public appearances with solid conservatives. I think that would alienate moderate voters. What do you think, Bleeding Heartland readers?

The Des Moines Register’s headline-writers misrepresented a finding from the new Iowa poll by Selzer & Co for the Des Moines Register and Bloomberg News. Among respondents who are “likely voters” in 2014, Romney leads President Barack Obama by 41 percent to 39 percent. The Register’s headline on Jennifer Jacobs’ article read, “In 2012 re-run, Romney wins.” Not really. Not only is that lead within the poll’s margin for error, a new presidential election would bring out a presidential-year electorate. This poll sampled likely midterm voters. We know that several Democratic-skewing groups (young people, unmarried women) are less likely to vote in a non-presidential year.

I don’t expect Romney to run for president again, but likely future presidential candidate Senator Marco Rubio did a “telephone town-hall” with Ernst a few days ago. Past and future presidential candidate Rick Santorum will come to Dubuque and Davenport this week.

UPDATE: Forgot to mention that in a separate piece on the latest Selzer poll, Jennifer Jacobs reported that Romney “leads Clinton in 2016 matchup.” Sorry, no. The poll shows Romney barely ahead of Hillary Clinton by 44 percent to 43 percent among Iowa respondents considered likely 2014 election voters. That doesn’t tell us whether Romney would be ahead among a presidential year Iowa electorate.

Every weekday through November 4, Bleeding Heartland will continue to post tables showing absentee ballots requested and returned in Iowa’s four Congressional districts. The data come from the Iowa Secretary of State’s Office. Click here for previous tables going back to September 22. For the first time since early voting started this year, Democrats lead Republicans in absentee ballot requests by fewer than 20,000.

In the 2010 midterm election, early ballots were cast by 155,421 Iowa Democrats, 136,243 Republicans, and 68,499 no-party voters. As of yesterday, 125,927 Iowa Democrats had requested an absentee ballot (81 percent of the 2010 total early Democratic vote), 106,982 Republicans had requested an absentee ballot (79 percent of the 2010 total early GOP vote), and 56,697 no-party voters had requested a ballot (83 percent of the 2010 total early vote by independents). Democrats claim that their canvassers have identified most of the no-party voters casting early ballots this year.

The new Iowa poll by Selzer & Co for the Des Moines Register and Bloomberg News indicated that Republican U.S. Senate candidate Joni Ernst is slightly ahead of Democratic nominee Bruce Braley by 47 percent to 46 percent, but also found that “The Democrats’ aggressive early voting push is aiding Braley,” who leads by 56 percent to 38 percent among respondents who said they had already voted.  

Although 13 independent or minor-party candidates running for federal or statewide office qualified for the Iowa ballot this year, only Democratic and Republican candidates for governor, U.S. Senate, and the third Congressional district have been invited to televised debates. After each of these events, I’ve seen comments on social media complaining that third-party candidates were denied the opportunity to speak directly to voters.

Libertarian nominee for secretary of state Jake Porter announced yesterday that he “is filing an open records request on Iowa Public Television (IPTV) regarding an episode of Iowa Press that was recorded on Friday, October 3 […] The open records request will look into possible collusion and violations of Iowa law to keep him out of the debate.” I’ve posted the full press release from Porter after the jump.

According to Porter, Iowa Public Television claimed that edition of “Iowa Press” was not a debate. The program in question was presented as a “job interview” for Democrat Brad Anderson and Republican Paul Pate. It sure looked like a debate to me. The format was virtually identical to programs Iowa Public Television billed as debates between Dave Loebsack and Mariannette Miller-Meeks in IA-02, and between Staci Appel and David Young in IA-03 (excluding an independent and a Libertarian candidate who are also running for Congress in that district). The main difference was that the Congressional debates were one-hour special programs, whereas the “Iowa Press” show featuring Anderson and Pate was the usual 30 minutes long, aired at the usual time. So was last month’s show featuring Attorney General Tom Miller and his Republican challenger Adam Gregg.

I sympathize with Porter’s frustration, because unlike some third-party candidates, he has been running for a long time and has staked out substantive and relevant policy positions. He was included in the 2010 “Iowa Press” program alongside Democratic Secretary of State Michael Mauro and his GOP challenger Matt Schultz.

I doubt Porter will get far in any legal action against Iowa Public Television. A 1998 U.S. Supreme Court ruling held that “public television stations have the right to choose which political candidates appear in the debates they broadcast.” They can exclude candidates they deem to be on the fringe, with little campaign infrastructure or public support. I’ve enclosed below more details on that case. Click here to download a scholarly analysis of that ruling.

I suspect Iowa Public Television would have invited Porter to participate in this year’s “job interview” if not for Spencer Highland, the unknown candidate representing the unknown “New Independent Party Iowa” who also qualified to run for secretary of state. Offering four candidates equal time on a half-hour show would be unwieldy, especially since Highland has not given the media any reason to take him seriously as a candidate for this office. Limiting the show to the two major-party candidates may have seemed easier to justify than inviting Anderson, Pate, and Porter but not Highland.

Any relevant comments are welcome in this thread.

Whose idea was it to hold so many Iowa candidate debates on Saturday nights this year? At 7 pm this evening, Bruce Braley and Joni Ernst face off in the second of three scheduled debates. (C-SPAN will televise nationwide, and KWQC TV will televise in the Quad Cities area.) Immediately after that, KWQC will broadcast the second and final debate between Representative Dave Loebsack and Mariannette Miller-Meeks in the second Congressional district race. (That debate will be taped earlier in the day.)

I won’t be able to watch either showdown live because of a family wedding, but I will catch up later with some links and recap, as well as highlights from the new Selzer poll for the Des Moines Register and Bloomberg.

This is an open thread: all topics welcome. A bunch of links related to the IA-Sen race are after the jump. I still see the debate as equally risky for Braley and Ernst, for different reasons.

UPDATE: The new Des Moines Register/Bloomberg poll by Selzer & Co has Braley and Ernst nearly tied. Ernst is ahead by a statistically insignificant 47 percent to 46 percent. I do not believe Ernst lost a lot of ground during the last two weeks. I believe she was never as far ahead as the last Selzer poll indicated. Other polls in the field around the same time showed a much closer race. In particular, I do not believe that in two weeks, Braley went from a 25-point deficit among men to a 16-point deficit now.

SECOND UPDATE: The full debate video is on the KWQC website.

THIRD UPDATE: I wish every undecided voter in Iowa had seen this debate. Having finally watched the full video myself, I understand why shills for Ernst kept reaching for their security blankets on Saturday night. Talk about a disastrous performance. She repeatedly fell back on rote talking points that didn’t answer the question. On several occasions it was apparent that she did not understand the policy implications of her own words. I particularly loved how she insisted that the bipartisan Senate-passed immigration reform bill was “amnesty,” even though Braley had already explained why it was different from amnesty. She talked about securing the border, even though Braley had already explained that we would have 20,000 more border control agents if that immigration reform bill had become law. Toward the end of that exchange, though, I was pleasantly surprised to hear Ernst say she would not vote to repeal President Barack Obama’s DACA program (Deferred Action for Childhood Arrivals). A lot of conservatives were presumably surprised too, but not in a pleasant way.

At the end of this post I’ve linked to several pieces summarizing the debate highlights.

Here’s a new thread for any comments on the race between David Young and Staci Appel in Iowa’s third Congressional district. Some stories that caught my eye in the last few days:

The Democratic Congressional Campaign Committee shared with Roll Call partial results from a Greenberg Quinlan Rosner Research poll taken on October 1 and 2, which showed Appel ahead of Young by 49 percent to 42 percent, with 9 percent undecided. That’s a bigger lead for Appel than in the previous DCCC poll, despite weeks of Republican attacks on the phony “passports for terrorists” issue.

Speaking of which, I agree with Kathie Obradovich’s take (excerpted below) on the way the candidates handled “passports for terrorists” during their second debate.

Young’s campaign released a memo yesterday hailing some $800,000 in third-quarter fundraising and an internal poll allegedly showing Young ahead. I’ve enclosed that memo and the Appel campaign’s response at the end of this post. The polling firm Tarrance Group used strange methodology. Whereas the survey toplines showed Young leading by 43 percent to 41 percent, with other candidates taking 6 percent and 10 percent undecided, the Tarrance Group claimed Young was ahead by 47 percent to 43 percent based on “projected turnout.”

I look forward to digging into the details of the third-quarter FEC reports, which should be released by October 15. I would expect GOP donors to flock to Senator Chuck Grassley’s longtime top aide. But I don’t understand why Young would cancel television advertising time if his campaign was bringing in so much money in the third quarter. Even if he used some of the money to pay off debts incurred during the second quarter, he should have had plenty left over for a full-court press on television.

The DCCC has increased its television advertising buy in the Omaha market, which covers roughly 20 percent of the population in IA-03. To my knowledge, neither Young nor the National Republican Congressional Committee has aired tv ads in Omaha lately.

The DCCC has been running radio ads bashing “DC David Young” for supporting tax breaks for the wealthy, even as he backs cuts to education funding (such as eliminating the U.S. Department of Education). A similar television spot has been on the air for a while. Although education funding and tax policy are important issues, I suspect most voters tune out cookie-cutter negative political advertising.

Conservative blogger Shane Vander Hart thinks Young has problems with the GOP base because of some comments on abortion, his qualified support for a minimum wage increase, and legal residency for some undocumented immigrants. News flash: IA-03 is a swing district. Young has to communicate some level of moderation on at least a few issues. Vander Hart’s comments make me wonder whether hard-core conservatives will go for Libertarian candidate Ed Wright as a protest vote.

I’ve enclosed below excerpts from Young’s comments to the Des Moines Register’s editorial board about how to handle an estimated 11 million undocumented immigrants living in the U.S.

Iowans are suffering from more infectious diseases and respiratory problems because of climate change, and that trend will worsen if steps are not taken to reduce greenhouse gas emissions, according to the fourth annual Iowa Climate Statement, released today in Des Moines. I’ve posted the full text of the statement after the jump. Click here for the full list of faculty and research staff who signed.

The scientists are affiliated with 38 Iowa colleges and universities and work in a wide range of fields. One of the lead authors, Dr. Yogesh Shah of Des Moines University, spoke about the relationship between climate change and infectious disease at yesterday’s annual meeting of the Iowa Environmental Council. Warmer temperatures produce greater numbers of ticks and mosquitoes, induce female mosquitoes to bite more frequently, and facilitate more rapid development of the disease-causing agents mosquitoes carry. As a result, some diseases never before seen in North America (such as chikungunya) or long since eradicated (malaria) are spreading rapidly.

More than 278,000 Iowans have already requested absentee ballots this year, roughly one-quarter as many as voted in the 2010 midterm election. As of yesterday, more than 119,000 Iowans had returned absentee ballots to their county auditors, roughly one-third as many as the total number of absentee voters from 2010.

Follow me after the jump for the latest tables showing absentee ballots requested and returned in all four Congressional districts are after the jump. The data come from the Iowa Secretary of State’s Office. Click here for previous tables going back to September 22.

Iowans who have voted early by mail can use the “track your absentee ballot” page of the Secretary of State’s website to confirm that your ballot reached your county auditor. Most years I have found it easier to vote early in person right at the auditor’s office. That way, you know your ballot has been received.

Following the instructions for absentee voting is critically important. Ballots will not be counted if the voter has not sealed the secrecy envelope, or has not signed the affidavit envelope. If you requested an absentee ballot but can’t find it, or made a mistake while filling it out, contact your county auditor for help. The easiest solution is to visit the county auditor’s office, fill out a form to void the ballot first sent to you, and vote early in person right there.

Both major-party candidates for Iowa secretary of state started running paid advertising within the past two days. After the jump I’ve enclosed the video and transcript of Democratic nominee Brad Anderson’s first television commercial, as well as my transcript of Republican Paul Pate’s first radio ad. Both candidates call for making it “easy to vote” but “hard to cheat” in elections. CORRECTION: Anderson’s ad was released online on October 9 but started running on television stations across Iowa on October 13.

I’ve also enclosed below the voter ID discussion from the debate Pate and Anderson held on Iowa Public Television last weekend. Pate has embraced outgoing Secretary of State Matt Schultz’s pet project, in the absence of any evidence that voter impersonation is a real problem in Iowa (or elsewhere). Anderson explains his plan to strengthen election integrity without changing current state law on voter ID.

Two other candidates are running for secretary of state this year. Libertarian Jake Porter is making his second attempt at the job. In 2010, he received about 3 percent of the statewide vote. To my knowledge, he has not run any paid advertising yet this year. When Iowa Public Television excluded him from the recent “Iowa Press” debate, Porter said he will consider a lawsuit and fight to reduce Iowa Public Television’s taxpayer funding. The fourth candidate on the ballot is the little-known Spencer Highland of the “New Independent Party Iowa.”

Closer to election day, Bleeding Heartland will post a comprehensive review of the this campaign. Public Policy Polling’s Iowa survey from late September found Pate slightly ahead of Anderson by 36 percent to 33 percent, with Porter and Highland pulling 3 percent each.

Iowans continue to vote early at a pace well ahead of any previous midterm election. Follow me after the jump for the latest tables showing absentee ballots requested and returned in all four Congressional districts are after the jump. The data come from the Iowa Secretary of State’s Office. Click here for previous tables, which make it easier to spot trends in the numbers.

Democrats lead in early voting in the first, second, and third Congressional districts, while Republicans have requested and returned more ballots in the fourth district, where the GOP has a large voter registration advantage.

Eileen Miller has contributed more stunning photos for this week’s edition of Iowa wildflower Wednesday. The featured flower is Downy gentian, also known as prairie gentian. I’ve never seen this flower blooming in real life. It’s among several plants in the gentian family that blossom in Iowa prairies during the early autumn.

This post is also a mid-week open thread: all topics welcome.

Four weeks before election day, six-term Representative Steve King has finally started running television commercials in Iowa’s fourth Congressional district. His Democratic challenger has been on the air for two months already, thanks to strong fundraising over the past year.

King’s introductory spot has the cinematic look and feel of his 2012 campaign commercials, and echoes that year’s strategy of making a virtue out of his “outspoken” and “straight-talking” nature. The video and transcript are after the jump.

I’ve also enclosed below Jim Mowrer’s recent comparative ad, which has King threatening to back out of the candidates’ only scheduled debate later this month.

So far, neither the Democratic Congressional Campaign Committee nor the National Republican Congressional Committee is advertising in IA-04, which suggests to me that both sides see King ahead. However, Mowrer’s campaign has called the race a “dead heat,” pointing to a survey by DFM Research, commissioned by a railway workers’ labor union. That poll of 450 IA-04 residents identified 375 likely voters, among whom 46 percent support King and 43 percent Mowrer, with 11 percent undecided. I wish there were more independent polling of Iowa’s Congressional races.

Any comments about the IA-04 race are welcome in this thread. For what it’s worth, I thought the video of King and his wife reading “mean tweets” about him was kind of funny. Here’s the thing, though: nasty comments about King on Twitter don’t harm anyone, other than perhaps hurting his feelings. In contrast, King’s mean-spirited policy stands hurt lots of people, particularly Americans on food assistance, those earning the minimum wage, and DREAMers who are denied opportunities because King and his allies have blocked a House vote on immigration reform.  

UPDATE: Jennifer Jacobs reports that Donald Trump will headline a fundraiser for King in a West Des Moines gated community on October 18. It will be Trump’s first appearance in Iowa since the August 2013 Family Leadership Summit.

SECOND UPDATE: The DCCC has cancelled air time it had reserved in Sioux City for the two weeks leading up to November 4.

More than a quarter of a million Iowans have requested absentee ballots, and nearly 100,000 have already returned early ballots to their county auditor. The latest tables showing absentee ballots requested and returned in all four Congressional districts are after the jump. The data come from the Iowa Secretary of State’s Office.

Click here for previous tables, which make it easier to spot trends in the numbers. For the first time since September 22, the statewide Democratic lead in absentee ballot requests has dipped below 30,000.  

The progressive political action committee Democracy for America announced this morning that it has endorsed seven Democratic candidates for the Iowa House: three incumbents, three challengers to Republican state representatives, and one candidate running in an open seat. Winning those seven races could flip the chamber to Democratic control–but only if Democrats do not lose any other Iowa House districts they currently hold. Republicans take a 53-47 Iowa House majority into next month’s election, meaning Democrats need a net gain of four seats.

I’ve posted Democracy for America’s full statement after the jump. The PAC will offer financial and organizational support to the following Iowa House candidates:

• Scott Ourth, a first-term incumbent seeking re-election in Iowa House district 26 (most of Warren County, including the Indianola area)

• Joe Riding, a first-term incumbent seeking re-election in Iowa House district 30 (most of eastern Polk County)

• Curt Hanson, an incumbent seeking re-election in Iowa House district 82 (most of Jefferson County including Fairfield, plus Van Buren and Davis counties)

• Charlie McConkey, first-time candidate in Iowa House district 15 (western half of Council Bluffs plus Carter Lake in Pottawattamie County, open because Republican State Representative Mark Brandeburg retired)

• Dave Grussing, challenger to first-term GOP State Representative Tedd Gassman in Iowa House district 7 (Emmet and Winnebago counties, plus part of Kossuth County)

• Teresa Meyer, challenger to first-term GOP State Representative Sandy Salmon in Iowa House district 63 (Bremer County and parts of northern Black Hawk County)

• Kristi Keast, challenger to first-term GOP State Representative Quentin Stanerson in Iowa House district 95 (much of Linn County outside the Cedar Rapids metro area, plus part of Buchanan County)

Gassman, Salmon, and Stanerson won their 2012 Iowa House races by margins of 44 votes, 115 votes, and 200 votes, respectively.

Extra help for Riding and Hanson could have collateral benefits for Democrats hoping to maintain their Iowa Senate majority. Riding’s seat makes up half of the open Senate district 15, a Democratic-held seat that Republicans are targeting. Hanson’s seat makes up half of Senate district 41, a Democratic-leaning district now held by Republican Mark Chelgren (the biggest surprise winner of 2010).

In an upcoming series of posts, Bleeding Heartland will review these and other Iowa House districts targeted by one or both parties. Thanks to Iowa’s non-partisan redistricting process, in any given election year more than a dozen of the 100 Iowa House races are competitive. The Democratic Legislative Campaign Committee considers the Iowa House one of its top opportunities in the country to flip a state legislative chamber. GOP Iowa House Speaker Kraig Paulsen has expressed confidence that his party will hold and possibly expand its majority.

UPDATE: The Democratic Legislative Campaign Committee put two Iowa House districts and two Iowa Senate districts on its list of “2014 Races to Watch.” I’ve added that announcement to the end of this post.

Iowa State University was the only Iowa school included on a new list of “30 Best Colleges for LGBT Students,” compiled by the Best Colleges site. The 30 schools were “not ranked in any particular order” but all met the following criteria:

* 4 or 5 Star Rating on the Campus Pride Index: This comprehensive college catalog rates schools based on a rubric of eight LGBT-inclusive factors. Since a three star ranking represents average performance, each of the schools included on our list are known for an above-average rating.

*Greek social organizations with one or both of these organizations in a chapter:

* Gamma Rho Lambda (GRL): This sorority was founded in 2003 and is open to members that identify across a wide range of gender and sexuality spectrums.

* Delta Lambda Phi (DLP): This fraternity is dedicated to creating friendly social spaces for gay and bisexual men to connect through campus activities.

It’s worth noting that ISU currently has 4 stars on the Campus Pride Index. Two Iowa higher education institutions do better with a 4.5 star rating: the University of Iowa and Wartburg College. I assume those schools were not included on the Best Colleges list because they lack LGBT-friendly Greek affiliates. Since a lot of college students (straight or gay) have no interest in joining a fraternity or sorority, the Campus Pride Index strikes me as a better overall measure of inclusion. Wartburg leaders have made impressive efforts to create not just a tolerant, but a welcoming atmosphere.

The University of Northern Iowa matched Iowa State with 4 stars on the Campus Pride Index. To my surprise, Grinnell College, considered one of the most progressive islands in Iowa, scored just 3.5 stars. Luther College got 3 stars, Buena Vista University 2.5 stars, and Drake University and Marshalltown Community College got 2 stars each.

No Iowa schools made it onto the Campus Pride list of top 50 LGBT-friendly colleges, which came out in August. To be eligible for that list, schools needed to score 5 stars on the Campus Pride Index and “have the highest percentages across the eight LGBT-friendly benchmarks for policy, program and practice.”

The latest early voting numbers from the Iowa Secretary of State’s Office show Republicans continuing to gain ground. Statewide, the Democratic lead in absentee ballot requests has fallen to about 32,000. For the first time this year, Republicans have a small lead in absentee ballots requested in the fourth Congressional district (where the party has a voter registration edge of more than 55,000).

The latest tables showing absentee ballots requested and returned in all four Congressional districts are after the jump. Click here for previous tables, which make it easier to spot trends in the numbers.

The big unanswered question remains: which party is mobilizing more voters who otherwise would not participate in a midterm election? A Democratic Senatorial Campaign Committee official told Philip Rucker of the Washington Post that among the Iowans who had requested absentee ballots by October 2, about 30 percent of Democrats and 47 percent of no-party voters did not vote in 2010. The Secretary of State’s Office declined to independently verify that claim. If accurate, it works out to about roughly 30,000 of the Democrats and 20,000 of the no-party voters who had requested ballots by October 2.

Former State Senator Staci Appel and David Young are holding their second debate, hosted by KCCI-TV and the Des Moines Register at Simpson College in Indianola. I’m live-blogging after the jump. KCCI will have the video up later on their website.

When the U.S. Supreme Court struck down the federal Defense of Marriage Act last year, justices side-stepped the issue of state bans on same-sex marriage, either by statute or by constitution. Since that time, various U.S. Courts of Appeal have struck down state-level bans, using reasoning similar to the high court’s in U.S. v. Windsor. Today, the U.S. Supreme Court announced it will not hear appeals of five such rulings. As Adam Liptak reported for the New York Times, the move “may signal the inevitability of a nationwide right to same-sex marriage.”

The development, a major surprise, cleared the way for same-sex marriages in Indiana, Oklahoma, Utah, Virginia and Wisconsin. Officials in Virginia announced that marriages would start at 1 p.m. on Monday.

The decision to let the appeals court rulings stand, which came without explanation in a series of brief orders, will almost immediately increase the number of states allowing same-sex marriage from 19 to 24, along with the District of Columbia. The impact of the move will in short order be even broader.

Monday’s orders let stand decisions from three federal appeals courts with jurisdiction over six other states that ban same-sex marriage: Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming. Those appeals courts will almost certainly follow their own precedents to strike down those additional bans as well, meaning the number of states with same-sex marriage should soon climb to 30. […]

Other appeals courts are likely to rule soon on yet other marriage bans, including the United States Court of Appeals for the Ninth Circuit, in San Francisco. That court has jurisdiction over nine states. If it rules in favor of same-sex marriage, as expected, it is unlikely to enter a stay, and, given Monday’s developments at the Supreme Court, there is no particular reason to think the justices will.

It’s all over but the shouting. And speaking of shouting, I’ve enclosed below the reaction to today’s news from the FAMiLY Leader organization, which spearheaded the backlash against the Iowa Supreme Court over its 2009 decision in Varnum v Brien. No Iowa Supreme Court justices are up for retention this year. The remaining three justices who were part of the Varnum ruling will be up for retention in 2016: Chief Justice Mark Cady (author of that unanimous decision), Justice Brent Appel, and Justice Daryl Hecht.

The Alliance for Justice has compiled details on every federal court ruling related to marriage equality here. That organization’s president, Nan Aron, said in a statement today, “It is disappointing that the Supreme Court declined to take any of the marriage equality cases decided by federal appeals courts.  In 2013, in its decisions on the so-called Defense of Marriage Act and on Proposition 8, the Supreme Court began to bend the arc of history toward justice on this issue. By declining to take these cases, the Court passed up an opportunity to finish the job.”

Any relevant comments are welcome in this thread. UPDATE: Wisconsin Governor Scott Walker is not going to fight against marriage equality in Wisconsin anymore. Accepting reality may work against him if he runs in the 2016 Iowa Republican caucuses.

SECOND UPDATE: I’ve enclosed below a statement from Republican Party of Iowa Co-Chair Cody Hoefert. I am intrigued that Iowa GOP Chair Jeff Kaufmann doesn’t seem interested in speaking out on this issue anymore. In 2011, he voted for a state constitutional amendment defining marriage as between one man and one woman. Kaufmann retired in 2012, and his son Bobby Kaufmann was elected to succeed him in the Iowa House. Bobby Kaufmann declined to co-sponsor a marriage amendment in 2013.  

Bleeding Heartland is updating the early voting numbers (absentee ballots requested and returned) statewide and in each of Iowa’s four Congressional districts, based on figures released by the Iowa Secretary of State’s Office. Click here for previous tables, which make it easier to spot trends in the numbers.

Since Friday, Republicans cut further into the Democratic advantage in ballot requests, which now stands at just under 37,000 statewide. Democrats claim that the majority of some 44,000 no-party voters who have requested ballots were identified by their organizers. There is no way to independently verify that claim, but it was true in 2012.

Based on turnout the last two midterm elections, the 221,701 Iowans who have requested absentee ballots for this year’s election probably account for about 20 percent of all voters who will cast a ballot.

Catching up on news from last week, on October 2 U.S. District Court Judge Kimberly Mueller threw out a lawsuit brought by six states, including Iowa, seeking to block California’s law on egg production standards. Governor Terry Branstad joined that lawsuit in March, after Representative Steve King failed to use the federal Farm Bill as a vehicle for overturning the California law.

Bleeding Heartland covered the plaintiffs’ case against the egg production standards here. I predicted the lawsuit would fail because “1) the law does not ‘discriminate’; 2) the law does not force any conduct on egg producers outside the state of California; and 3) overturning this law would prompt a wave of lawsuits seeking to invalidate any state regulation designed to set higher standards for safety, public health, or consumer protection.”

In fact, the case never got to the point of the judge considering those legal arguments. If I were an attorney, I might have foreseen the reason Judge Mueller dismissed the lawsuit: lack of standing. You can download the 25-page ruling here (document number 102) and read pages 15 to 23 to understand her full reasoning. Daniel Enoch summarized it well for AgriPulse:

“Plaintiffs’ arguments focus on the potential harm each state’s egg farmers face,” Mueller wrote in her 25-page decision. “The alleged imminent injury, however, does not involve an injury the citizens of each state face but rather a potential injury each state’s egg farmers face when deciding whether or not to comply with AB 1437.” In other words, they failed to show that the law does real harm to citizens, instead of possible future harm to some egg producers.

“It is patently clear plaintiffs are bringing this action on behalf of a subset of each state’s egg farmers,” Mueller wrote, “not on behalf of each state’s population generally.”

Mueller dismissed the case “with prejudice,” meaning plaintiffs cannot amend their claim and re-file. Plaintiffs including Iowa Attorney General Tom Miller are considering their legal options. While they could appeal the dismissal, I doubt they would prevail in a U.S. Appeals Court.

The Des Moines Register’s write-up by Matthew Patane and Donelle Eller highlighted the alleged harm California’s law will do to Iowa agriculture when it goes into effect on January 1. I’ve posted excerpts after the jump. I was disappointed that the Register’s reporters led with the spin from “Iowa agricultural leaders” and buried in the middle of the piece a short passage explaining why the lawsuit failed (states can’t serve as a legal proxy for a small interest group). Patane and Eller did not mention that if courts accept the reasoning of egg law opponents, a possible outcome would be invalidating any state law or regulation designed to set higher standards for safety, public health, or consumer protection.

Comments provided to the Register by Governor Branstad, Iowa Secretary of Agriculture Bill Northey, and others reinforce Judge Mueller’s determination that the lawsuit was designed to protect a group of agricultural producers rather than citizens as a whole. A lot of Iowa Democrats bought into the poultry producers’ industry constitutional arguments as well.

UPDATE: Added below Branstad’s latest comments. He is either confused about the ruling or determined not to acknowledge the real legal issue.

SECOND UPDATE: Added comments from Representative Steve King and Sherrie Taha, the Democratic nominee for Iowa Secretary of Agriculture.