Iowa Supreme Court Chief Justice Mark Cady delivered the annual Condition of the Judiciary speech to Iowa House and Senate members yesterday. As he did in 2011 and again last year, Cady appealed to lawmakers to fund the judiciary at an adequate level. Highlights from his case are below.

Governor Terry Branstad just finished delivering his annual Condition of the State speech to Iowa House and Senate members. He unveiled a new property tax reform plan, which would cut commercial property taxes by 20 percent over four years. Previously the governor had called for cutting commercial property taxes by 40 percent. Branstad also urged legislators to approve the key points of education reform proposals he released yesterday. Finally, he outlined three policies that, in his view, would help Iowa become the healthiest state in the country.

Links and more details are after the jump. I will update this post later with more information and reaction. The video of Branstad’s speech will be available on IPTV.org and will be broadcast statewide on Iowa Public Television at 6:30 pm on January 16.

A former Iowa student whose black armband led to an important U.S. Supreme Court decision of the 1960s died last week in Florida, the Des Moines Register reported yesterday. The Iowa Civil Liberties Union sued the Des Moines Independent Community School district on behalf of Christopher Eckhardt and his friends John Tinker and Mary Beth Tinker after all three students were suspended for wearing black armbands to their schools as an anti-war protest. The case eventually made it to the U.S. Supreme Court, which ruled in 1969 that the school principals were not justified in limiting the students’ free expression.

Tinker v. Des Moines Ind. Comm. School Dist. may be the most important case from Iowa ever to reach the Supreme Court. Judges have applied the “Tinker standard” in many other First Amendment cases. After the jump I’ve posted links about the case and some reflections on Eckhardt’s role.

An Iowa Supreme Court ruling announced last week made news around the country. The seven justices unanimously rejected a gender discrimination claim from a plaintiff whose boss had obviously treated her unfairly.

Polk County District Court Judge Robert Hutchison has ordered the Iowa Department of Public Health to list both parents on a child’s death certificate, regardless of the parents’ gender, and to modify the death certificate issued to two married mothers who sued the department earlier this year.  

The U.S. Supreme Court confirmed on Friday that justices will consider two cases involving same-sex marriage. I’ve posted some background and analysis of those cases after the jump. One of the cases has the potential to affect same-sex couples legally married in Iowa.

This is an open thread: all topics welcome.

Happy Chanukah to everyone in the Bleeding Heartland community who celebrates–or rather observes–this holiday. My top Jewish parenting tip for this season: buy extra boxes of candles. Your children will want to load the menorah, and they will break some candles.

Most Chanukah traditions (lighting candles, eating fried foods, playing dreidel) don’t acknowledge the dark side of the events that inspired this holiday. History buffs will enjoy these brief accounts of what was really a Jewish civil war.

UPDATE: The National Weather Service reported on December 9, “The record streak for consecutive days with no measurable snow has ended in Des Moines at 279 this morning.”

Senator Tom Harkin has recommended federal public defender Jane Kelly and Iowa Court of Appeals Judge Mary Tabor to President Barack Obama as he considers a successor to Judge Michael Melloy on the Eighth Circuit Court of Appeals. Melloy plans to retire, effective January 30.

Background on Kelly and Tabor are after the jump. Harkin also included Tabor on the short list of candidates to fill the last vacancy on the federal bench from Iowa. Obama nominated Stephanie Rose for that judgeship in the Southern District. Rose formally began her service yesterday.

Former U.S. Attorney Stephanie Rose was sworn in yesterday as a federal judge. She is the youngest federal judge currently serving as well as the first woman on the bench in the Southern District of Iowa. The Senate confirmed Rose in September by 89 votes to 1.

In remarks prepared for Rose’s investiture, Senator Tom Harkin predicted her “legal skills and knowledge” and “great sense of justice and fairness” would make her a “superb judge.” He recommended Rose for U.S. attorney and later put her on the short list for the federal judgeship.

I was struck by Harkin’s comments about the retired Judge Robert Pratt, whom Rose replaces. I enclose those comments below, along with links on some of Pratt’s most influential decisions.

Days after winning a sixth term in the U.S. House, Representative Steve King is ready to battle fellow Republicans in the House and Senate who are ready to deal on comprehensive immigration reform. He also confirmed that he will follow through on a lawsuit challenging President Barack Obama’s executive order to block deportations of some undocumented immigrants, who were brought to this country as children.

Iowa Supreme Court Justice David Wiggins kept his job Tuesday by a surprisingly large margin of 670,013 votes to 556,782. The percentage of yes and no votes on Wiggins (54.61 percent to 45.39 percent) was a mirror image of the 2010 votes on Chief Justice Marsha Ternus (55 percent no), Justice Michael Streit (54.4 percent no), and Justice David Baker (54.2 percent no). Whereas only ten of Iowa’s 99 counties voted to retain three Supreme Court justices in 2010, 36 counties recorded more “yes” than “no” votes this year.

Maps are after the jump, along with some clips on the retention vote. I also list which pro-retention counties produced a plurality of votes for President Barack Obama, which “yes” counties went for Mitt Romney, and which “no Wiggins” counties went for Obama.

Supporters of LGBT equality are celebrating yesterday’s votes for same-sex marriage rights in Maine, Maryland, and Washington, as well as Minnesotans rejecting a constitutional amendment designed to restrict marriage rights to heterosexuals.

The election also slammed the door on any prospect of overturning marriage equality in Iowa.

The Des Moines Register’s new poll by Selzer and Co is the latest survey to give no clear sign of whether voters will retain Iowa Supreme Court Justice David Wiggins on Tuesday.  

The second “No Wiggins” television commercial hit Iowa television screens on October 26, featuring an “Iowa mom” who happens to be Iowa’s new Republican National Committeewoman. The video, transcript, and related news clips are after the jump. Bleeding Heartland covered the first “No Wiggins” ad here.

The city of Windsor Heights will take the Iowa Department of Transportation to court over the denial of a request to place speed enforcement traffic cameras on Interstate 235.

Republican Mitt Romney leads President Barack Obama in Public Policy Polling’s latest survey of likely voters in Iowa by 49 percent to 48 percent. For Romney, that’s a big improvement since PPP polled Iowa in late September and a much better finding than yesterday’s poll from NBC/Wall Street Journal/Marist.

PPP’s new poll also suggests Iowa Supreme Court Justice David Wiggins might not be retained. More details are below.

UPDATE: On October 21, PPP released a different Iowa poll conducted during the same period, which showed Obama leading Romney by 49 percent to 48 percent. I’ve added excerpts from that polling memo at the end of this post.

“No Wiggins” campaign materials on display at two churches in Burlington have stirred up a local debate over whether such advocacy is an abuse of tax-exempt status or an exercise of free speech.

It’s time for another thread to discuss this year’s judicial retention elections. Recent links on the campaign are after the jump, along with the first television commercial urging Iowans to vote against retaining Iowa Supreme Court Justice David Wiggins.

UPDATE: Progress Iowa cut a pro-retention video featuring “Iowa Nice Guy” Scott Siepker. I’ve added it at the end of this post.

State Senator Tom Courtney has requested state and federal audits of Iowa Secretary of State Matt Schultz’s decision to use federal Help America Vote Act funds to pay for a full-time criminal investigator focusing on suspected voter fraud.

Having exhausted all possible appeals, the city of Des Moines will have to refund tens of millions of dollars collected through “franchise fees” attached to residents’ utility bills between 2004 and 2009.  

The Des Moines Register’s latest Iowa poll indicates a close contest for Iowa Supreme Court Justice David Wiggins, the target of an anti-retention campaign by social conservatives. In an unexpected move, former Iowa House Speaker Chris Rants publicly advocated a yes vote on Wiggins, despite Rants’ opposition to same-sex marriage rights.

In related news, yesterday marked the end of the road for conservative activists trying to challenge Iowa’s 50-year-old system for nominating judges.

Follow me after the jump for details.

JANUARY 2013 UPDATE: Boswell dropped this lawsuit.

I don’t know whether anyone connected to Representative Leonard Boswell dangled a job in front of Ed Fallon in early 2008. But I’m confident that the defamation lawsuit Boswell filed against Fallon won’t end in a courtroom victory for the man who won the contentious 2008 Democratic primary in Iowa’s third Congressional district.  

Just as several Republican presidential candidates got involved in the 2010 campaign against retaining three Iowa Supreme Court justices, two leading GOP contenders for the next presidential race are lending support to the “No Wiggins” campaign in Iowa this week.  

The more I read about Beef Products Inc.’s defamation lawsuit against ABC News over its “pink slime” reporting, the more I’m convinced the maker of lean finely textured beef should not have taken this public relations battle to court.

Iowa Secretary of State Matt Schultz told the Des Moines Register that he may sue the federal government for access to the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database. Schultz needs that database to move forward with a new procedure for removing suspected non-citizens from Iowa’s voter rolls in the future.  

A Polk County District Court judge issued a temporary injunction preventing Iowa Secretary of State Matt Schultz from implementing new rules on removing registered voters before the 2012 general election.

The first statewide poll on the 2012 judicial retention elections suggests that the four Iowa Supreme Justices who will be on the ballot this November have good chances of being retained. However, the pollster does not distinguish between support for retaining the justices as a group and support for Justice David Wiggins, whom opponents of same-sex marriage rights are trying to defeat.  

Yesterday a Polk County District Court judge denied Iowa Secretary of State Matt Schultz’s request to dismiss a lawsuit over emergency rules on checking Iowa’s voter rolls for non-citizens.

Meanwhile, on Tuesday Schultz answered questions about the rules at the Iowa legislature’s Administrative Rules Review Committee meeting. His responses didn’t impress the Democratic lawmakers on that committee.

Last night the U.S. Senate confirmed Stephanie Rose to be a federal judge for the southern district of Iowa by a vote of 89 to 1. Iowa Senators Tom Harkin and Chuck Grassley both strongly supported Rose’s nomination. I’ve posted their floor statements after the jump.

Rose will be the first woman to serve as a federal judge in the southern district of Iowa. She was one of three women Harkin recommended for this vacancy last year. Harkin also recommended Rose for the position of U.S. attorney in Iowa’s northern district of Iowa, to which she was confirmed in November 2009.

Rose’s work on the Postville cases in 2008, when she was assistant U.S. attorney for the northern district of Iowa, sparked opposition to her appointment as U.S. attorney and as a federal judge. During her Senate confirmation hearing in March of this year, Rose disavowed any role in devising the legal tactics used against undocumented immigrants swept up in the Postville raids. The U.S. Supreme Court later invalidated the use of aggravated identity theft charges in cases similar to those of the Postville defendants. Harkin defended Rose’s involvement in the Postville cases.

Supporters of Mitt Romney filed an emergency petition for judicial review in Polk County district court yesterday, seeking to reverse a state panel’s decision to allow Libertarian Party presidential nominee Gary Johnson to appear on the Iowa general election ballot.

Iowa Secretary of State Matt Schultz has asked a Polk County district court judge to dismiss a lawsuit over emergency voter roll maintenance rules and reject the plaintiffs’ efforts to prevent the state from implementing the new procedures. Accompanied by Attorney General Tom Miller at a joint press conference today, Schultz made his case for the new rules and the procedure through which he enacted them. This pdf file contains Schultz’s affidavit and supporting documents filed with the Polk County district court on August 16. The American Civil Liberties Union of Iowa and the League of United Latin American Citizens filed a lawsuit on August 8 challenging the rules.

After the jump I’ve posted the full text of the Secretary of State’s press release and transcribed a timeline Schultz provided to reporters today. I also enclosed details on the normal administrative rulemaking process, which provides opportunities for public comment and legislative review before new rules go into effect. While Miller defends the new rules as a “balance between ensuring voting integrity and preventing voter suppression,” I share the Des Moines Register’s view that Schultz’s proposed procedure “could prompt some legitimately registered voters to withdraw their registration to avoid risking criminal prosecution.”

Bob Vander Plaats confirmed over the weekend that he will lead the campaign against retaining Iowa Supreme Court Justice David Wiggins, who concurred in the 2009 Varnum v Brien decision on civil marriage rights. Earlier this month, Republican Party of Iowa Chair A.J. Spiker called on Iowans to vote against Wiggins as well.  

The Iowa Supreme Court ruled this month on three cases balancing the public’s right to know with an entity’s right to keep certain information confidential. In two of the majority rulings, justices found other considerations outweighed the grounds for disclosure, but three justices dissented from each of those decisions.

Governor Terry Branstad responded today to last month’s U.S. Supreme Court ruling prohibiting mandatory life without parole sentences for people convicted of murder committed when they under age 18.

The Iowa Department of Public Safety announced last week that it is halting electrical inspections of farm buildings. The move is consistent with Governor Terry Branstad’s opinion that the inspections are an unlawful bureaucratic overreach. One way or another, a court will probably decide whether the Electrical Examining Board or the Branstad administration violated state law.

The U.S. Supreme Court today upheld the constitutionality of the 2010 Affordable Care and Patient Protection Act, better known as health care reform. I am shocked not only by the decision, but by the 5-4 breakdown with Chief Justice John Roberts (not Justice Anthony Kennedy) being the swing vote in favor of upholding the law. Most commentators and the betting site Intrade thought the court would strike down at least the individual mandate to purchase health insurance, if not the whole law. To her credit, Linda Greenhouse of the New York Times consistently predicted that Roberts would vote to uphold the law.

Any comments related to health care reform are welcome in this thread. I will update this post frequently during the day as Iowa elected officials, candidates, and activist groups weigh in on the decision.  

The U.S. Supreme Court on Monday struck down three provisions of Arizona’s law against illegal immigration while letting one key part of the law stand for now. More details on the ruling are after the jump, along with reaction from Senator Chuck Grassley and Representative Steve King (IA-05). I also sought comment on whether Governor Terry Branstad would seek to enact a “show your papers” statute in Iowa.

On a related note, I included last week’s comments by Representative Bruce Braley (IA-01) and his GOP challenger Ben Lange on the Obama administration’s new deportation policy.

Iowa prisons now hold 38 48 inmates who were sentenced to life without parole for crimes committed when they were not yet 18 years old. A new U.S. Supreme Court ruling gives them strong prospects but no guarantees of having their sentences reduced.

The U.S. Supreme Court today struck down a Montana state law prohibiting corporate contributions to candidates or political parties. Iowa’s current restrictions on corporate money in elections should not be affected by the ruling, however.

Iowa Governor Terry Branstad has joined a lawsuit seeking to overturn a U.S. Environmental Protection Agency rule that would gradually reduce mercury and other toxic emissions from power plants. Meanwhile, a group of state attorneys general including Tom Miller of Iowa have asked a U.S. Court of Appeals to uphold the EPA rule.

After deliberating for nine days, a federal jury in North Carolina acquitted John Edwards of one criminal charge and could not agree on a verdict regarding the other five charges. Today U.S. District Court Judge Catherine Eagles declared a mistrial.