In a 5-4 decision, the U.S. Supreme Court has determined that the federal Defense of Marriage Act is unconstitutional. The ruling means that legally married gay and lesbian couples in Iowa and elsewhere will be entitled to equal treatment under federal law. More than 200 Congressional Democrats, including Senator Tom Harkin and Representatives Bruce Braley and Dave Loebsack, signed an amicus curiae brief urging justices to strike down the key provision of the DOMA, adopted in 1996 with overwhelming bipartisan support.  

In a separate case, the Supreme Court ruled 5-4 that backers of California’s Proposition 8 did not have standing to appeal a lower-court ruling striking down that ballot initiative. The decision means that LGBT couples will be allowed to marry in California. It does not affect other states’ statutory or constitutional bans on same-sex marriage. Braley and Loebsack were among scores of Congressional Democrats who recently posed for the “NoH8” campaign supporting marriage equality and opposing Prop 8.

Excerpts from the DOMA decision and Iowa reaction to today’s rulings are after the jump. I will update this post as needed. At this writing, most of the Congressional delegation has not publicly commented on the Supreme Court decisions.

I also enclose below Democratic State Representative Ako Abdul-Samad’s reaction to yesterday’s disgraceful 5-4 Supreme Court ruling on the Voting Rights Act.

Shortly after the U.S. Supreme Court’s Citizens United ruling in 2010, the Iowa legislature adopted and Governor Chet Culver signed into law new campaign finance disclosure requirements for corporate organizations that make independent expenditures for or against Iowa candidates. At the time, I thought those new rules were court-proof, because the law only called for disclosure and did not restrict the size of corporate contributions to independent expenditure campaigns. Nevertheless, conservative “campaign-finance crusader” Jim Bopp filed a federal lawsuit on behalf of Iowa Right to Life, claiming that Iowa’s rules were unconstitutional for several reasons. U.S. District Court Judge Robert Pratt dismissed that lawsuit, but Iowa Right to Life appealed the ruling.

On June 13, a panel for the Eighth Circuit U.S. Court of Appeals unanimously upheld part of Iowa’s law on disclosure reports for independent campaign expenditures by a corporation. However, the court struck down rules demanding ongoing reports from groups that have made independent expenditures. Follow me after the jump for links and commentary about the ruling, which will affect next year’s election campaigns in Iowa.

During the 2011 legislative session, Iowa House Republicans approved a ban on most abortions after the 20th week of pregnancy. Several attempts by Republicans to bring that bill to the floor in the Iowa Senate failed. At the time, Senate Majority Leader Mike Gronstal warned that the House legislation “invites a very serious court challenge” and violates a woman’s “right to make her own personal, private decision about abortion without the interference of politicians.” After the original bill died in the upper chamber, the Iowa House passed an even more restrictive ban on abortions after 20 weeks gestation (which is equivalent to about 18 weeks post-fertilization). Governor Terry Branstad supports efforts to ban abortion after 20 weeks in Iowa, but as long as the Iowa Senate remains under Democratic control, such legislation will not advance here.

Many other states have passed versions of a ban on late-term abortions. Yesterday a Ninth Circuit U.S. Appeals Court panel struck down the law Arizona adopted in 2012. The three judges (including one conservative appointed by a Republican president) agreed that the law violates a woman’s constitutional rights.

After the jump I’ve posted excerpts from the majority and concurring opinions. Assuming the state of Arizona appeals, this case could lead to the most important U.S. Supreme Court ruling on abortion in a decade.

cross-posted with permission from State Representative Mary Wolfe’s blog

There have been many questions/concerns raised by the Iowa Supreme Court’s recent ruling in Sallee v. Stewart, in which the Court was asked to interpret Iowa’s Recreational Land Use Immunity doctrine. Like most of my colleagues, I’ve read the relevant court cases and studied the applicable statutes, and I’ve reviewed House File 605, the Farm Bureau’s proposed bill intended to fix the “crisis” allegedly created by the Sallee ruling – and like many others, I’ve concluded that the actual impact of the Sallee ruling on Iowa’s recreational land use immunity doctrine is minimal, and that the Farm Bureau’s proposed legislation is an over-reaction to Sallee‘s extremely narrow holding.

In a decision announced on Friday, the Iowa Supreme Court ruled that it is unconstitutional for the Iowa Department of Public Health to refuse to list a non-birthing lesbian spouse on a child’s birth certificate. Details on this nearly unanimous ruling are after the jump. I was intrigued by how Governor Terry Branstad’s three appointees from 2011 handled this case.

Retired Supreme Court Justice Sandra Day O’Connor recently met with the Chicago Tribune editorial board. When asked about her most controversial ruling in 25 years on the Supreme Court, she named the December 2000 decision in Bush v Gore.

“It took the case and decided it at a time when it was still a big election issue,” O’Connor said during a talk Friday with the Tribune editorial board. “Maybe the court should have said, ‘We’re not going to take it, goodbye.’”

The case, she said, “stirred up the public” and “gave the court a less-than-perfect reputation.”

“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”

You think?

Bush v Gore permanently lowered my respect for the high court. When I first heard that the Bush campaign appealed the Florida Supreme Court’s decision, I laughed. I assumed people like Clarence Thomas and Antonin Scalia would stay true to their “states’ rights” ideology and refuse to hear the case, since administering elections is a state issue.

For my money, former prosecutor Vincent Bugliosi wrote the best commentary on the utterly dishonest Bush v Gore majority ruling: None Dare Call It Treason.

The U.S. Senate voted 96 to 0 today to confirm Jane Kelly as U.S. Circuit Judge for the Eighth Circuit Court of Appeals. Press releases from Senator Tom Harkin and the Iowa Fair Courts Coalition are after the jump, along with Senator Chuck Grassley’s speech on the Senate floor today. He used that opportunity not only to support Kelly’s nomination, but to argue that Democrats and President Barack Obama “should have no complaints [about] the judicial confirmation process.” (I don’t agree with him on that point.) Grassley is the ranking Republican on the Senate Judiciary Committee. Today the Blog of Legal Times described a fascinating Grassley connection that helped Kelly’s confirmation move “faster than any other circuit court nominee during the Obama administration.”

The Cedar Rapids Gazette reported last month that Kelly would be “only the second female judge in the history to serve on 8th Circuit and the only public defender to serve on the bench since 1891.” Harkin commented in today’s statement that as a federal public defender, Kelly “will bring a critically important perspective to the Eighth Circuit.” Obama has nominated “the highest percentage of former prosecutors” as federal judges, Harkin noted. Iowa’s Democratic U.S. Senator recommended Kelly for the vacancy last year.

The U.S. Senate voted today to confirm Sally Jewell as the next Secretary of the Interior by 87 votes to 11. Republicans cast all of the votes against Jewell, but Iowa’s Chuck Grassley was among the 34 Republicans who supported her confirmation, along with Senator Tom Harkin and the rest of the Democratic caucus. Bleeding Heartland posted background on Jewell here.

Yesterday, Grassley was one of 34 GOP senators who opposed the confirmation of Patty Shwartz to the U.S. Court of Appeals for the Third Circuit. She was confirmed with the support of Senate Democrats and ten Republicans. President Barack Obama nominated Shwartz way back in October 2011. The Senate Judiciary Committee voted in March 2012 to support her confirmation, over Grassley’s objection. I have not seen a statement this week explaining the senator’s vote against Shwartz, but after the jump I’ve posted his remarks from last year, when the Judiciary Committee was considering her nomination. The American Bar Association unanimously gave Shwartz its highest rating, “well qualified.”

This week Grassley claimed Republicans are allowing votes on more of Obama’s judicial nominees than the Senate did during President George W. Bush’s second term. However, Obama’s judicial nominees are waiting much longer for votes than Bush’s did, and at this point during Bush’s presidency, the Senate had confirmed more of his judges. Obama isn’t helping the situation; he has been “slower to nominate” judges than either Bush or President Bill Clinton.

UPDATE: I should have mentioned that Grassley is seeking to reduce the number of judges on the D.C. Circuit Court of Appeals from eleven to eight. His legislation would prevent President Obama from filling most of the current vacancies on the “second most powerful court” in the country. Last month, Grassley and fellow Republicans filibustered a highly-qualified nominee for the D.C. Circuit court.

What’s on your mind, Bleeding Heartland readers? Four years ago today, the Iowa Supreme Court announced its unanimous ruling in Varnum v Brien, striking down our state’s Defense of Marriage Act. After the jump I’ve posted some links about that case, marriage equality in general, and today’s Iowa Governors Conference on LGBTQ Youth.

This is an open thread: all topics welcome.

The return of Iowa wildflower Wednesday is probably still a couple of weeks away. By the first week of April 2012, many spring wildflowers were already in bloom (far earlier than usual), but even the bloodroot isn’t out yet where I live.  

March 29, 2013 

The ACLU of Iowa and Iowa LULAC today restarted their lawsuit to stop the Secretary of State from an unreliable process to remove registered voters if they cannot prove their U.S. citizenship within a limited time.

The ACLU of Iowa and the Iowa League of United Latin American Citizens (LULAC) filed papers in Polk County District court today, renewing their lawsuit against two rules filed by the Iowa Secretary of State Matt Schultz that the groups say wrongly restrict voting by qualified Iowans.

One rule would have allowed unverified challenges to another voter’s qualifications. The Secretary of State eventually voluntarily withdrew that rule. The other rule, which took effect yesterday, allows the Secretary of State to run Iowa’s registered voters through numerous federal databases to attempt to generate a list of non-citizens.

The ACLU and LULAC say that the Secretary of State was never authorized by the Iowa legislature to put his Voter Removal Rule forward, and that it will erroneously deprive qualified citizens in Iowa of their right to vote. The ACLU and LULAC cite problems with running the registered voter lists through the federal SAVE system, as well as a lack of procedural checks to protect voters once they are identified.

http://www.aclu-ia.org/2013/03/29/aclu-of-iowa-restarts-its-voter-suppression-lawsuit-against-the-iowa-secretary-of-state/

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Today the U.S. Supreme Court heard oral arguments in United States v. Windsor, a challenge to the constitutionality of the 1996 federal Defense of Marriage Act. Unlike yesterday’s hearing on California’s same-sex marriage ban, this case will affect many Iowans directly. The court’s ruling on DOMA will determine whether thousands of married LGBT couples in Iowa are eligible for benefits granted to married citizens under federal law.

Lots of links are after the jump, but the enduring sound bite from the day will surely be Justice Ruth Bader Ginsburg’s comment: “You’re saying […] there are two kinds of marriages, the full marriage, and this sort of skim milk marriage.”

In a voice vote today, the U.S. Senate Judiciary Committee approved Jane Kelly’s nomination for the U.S. Eighth Circuit Court of Appeals. Bleeding Heartland posted background on Kelly here. She has been a federal public defender in the Northern District of Iowa since 1994. According to the Cedar Rapids Gazette, she would be “the only public defender to serve on the bench since 1891. Pres. Obama has nominated 100 former prosecutors to the federal bench.”

Senator Tom Harkin recommended Kelly for the Appeals Court vacancy. If confirmed, she would be “only the second woman in the Eighth Circuit’s 122-year history to have ever served on the court.” Senator Chuck Grassley is the ranking Republican on the Senate Judiciary Committee. He has blocked some of Obama’s judicial nominations but supports Kelly. After the jump I’ve posted Harkin’s statement on today’s committee action, prepared statements from Harkin and Grassley for Kelly’s committee hearing on February 27, and a press release from the Iowa Fair Courts Coalition.

The U.S. Senate confirmed John Brennan yesterday as director of the Central Intelligence Agency. A cloture motion on Brennan’s nomination passed by 81 votes to 16. Senator Tom Harkin voted yes, as did all the Senate Democrats and most Republicans. Senator Chuck Grassley was one of the 16 Republicans who attempted to block Brennan’s nomination from coming to a vote. Senators then confirmed Brennan by 63 votes to 34. Again, Harkin voted yes, like all but two members of the Senate Democratic caucus. Grassley voted no, as did most of the Senate Republicans. I am disappointed but not surprised that most of the Senate Democrats went along with one of President Barack Obama’s worst cabinet appointments. If a Republican president had nominated someone with Brennan’s record on civil liberties, Democratic senators would have raised more serious questions.

I will update this post if I see any public comments from Harkin or Grassley on the Brennan confirmation vote.

Earlier this week, Grassley and 40 other Republicans successfully filibustered the nomination of Caitlin Joan Halligan to the U.S. Court of Appeals for the District of Columbia Circuit. Senate Republicans previously filibustered her nomination in 2011; President Barack Obama renominated her for the same position. Halligan is highly qualified, having argued many cases before the U.S. Supreme Court, but the National Rifle Association has lobbied Senate Republicans to oppose her. Grassley has not released any comment explaining his vote against cloture (ending debate) on Halligan’s nomination. After the jump I’ve posted a statement from the Iowa Fair Courts Coalition.

MARCH 22 UPDATE: President Obama withdrew Halligan’s nomination, saying she had requested that action. In a written statement, the president commented, “This unjustified filibuster obstructed the majority of Senators from expressing their support. I am confident that with Caitlin’s impressive qualifications and reputation, she would have served with distinction.”

The times they are a-changin’: more than 200 Democrats in the U.S. House and Senate have signed an amicus curiae (“friend of the court”) brief arguing that the U.S. Supreme Court should strike down the key provision of the 1996 Defense of Marriage Act.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread.

To get the conversation started, I’ve posted some scary or disturbing news after the jump.

President Barack Obama yesterday nominated Jane Kelly to the U.S. Eighth Circuit Court of Appeals. The federal public defender in the Northern District of Iowa was one of two women Senator Tom Harkin recommended for the judgeship.

After the jump I’ve posted a statement from Harkin welcoming Kelly’s nomination. It includes biographical information and notes, “If confirmed, Ms. Kelly would be only the second female judge in the history of the Eighth Circuit, which was established in 1891.” I would add that it’s unusual and encouraging to see a highly-qualified public defender nominated to become a U.S. Appeals Court judge.

I have not yet seen any statement from Senator Chuck Grassley on Kelly’s nomination. As the ranking Republican on the Senate Judiciary Committee, Grassley has a lot of influence over how and whether judicial nominations are considered. I’ve also posted below a joint press release from several Iowa progressive groups urging Grassley to work to confirm Kelly quickly.

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.