# Judiciary



Poll suggests Iowa Supreme Court justices "poised for victory"

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.  

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Court will hear lawsuit over Iowa voter roll maintenance

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.

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Stephanie Rose to be first woman federal judge in southern district of Iowa

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.

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Iowa Secretary of State responds to lawsuit over voter roll maintenance

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.”

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Branstad begging for a lawsuit on electrical inspections

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.

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Iowa reaction to Supreme Court upholding health care reform 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.  

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Iowa reaction to Supreme Court ruling on Arizona immigration law

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.

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Biden backs marriage equality--or does he?

Vice President Joe Biden appeared to make news on “Meet the Press” yesterday with a clear statement backing full marriage rights for same-sex couples. Obama administration staff immediately tried to deny that Biden had said anything newsworthy.

UPDATE: Added information below about the debate over endorsing marriage equality in the Democratic Party’s national platform and the honor three ousted Iowa Supreme Court justices will receive later today.

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Iowa joins antitrust suit over e-book price-fixing

Iowa Attorney General Tom Miller was one of 16 state attorneys general to file a federal antitrust lawsuit yesterday against Apple Inc. and three major U.S. publishers. The complaint alleges that the publishers and Apple conspired to raise prices on electronic books, causing consumers to be overcharged by more than $100 million. The U.S. Department of Justice filed a similar lawsuit against Apple and two publishers in a different federal court.

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Iowa GOP senator Bertrand wins defamation case over 2010 ad

A Sioux City jury awarded Republican State Senator Rick Bertrand $231,000 over a television commercial that attacked him shortly before the 2010 general election. It is rare for a defamation case based on political advertising to succeed, for reasons explained below.

UPDATE: Governor Terry Branstad suggested on April 9 that this verdict has got him thinking about suing the Democratic Governors Association over their 2010 campaign materials. Details are at the end of this post.

LATER UPDATE: Incredibly, Bertrand is appealing this verdict in order to seek punitive damages as well as the compensatory damages the jury awarded. More comments below.

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Guilty verdict in second trial of Iowa Occupy protesters

A Polk County District Court jury returned a guilty verdict this afternoon in the trespassing trial of Hugh Espey and David Goodner. According to the Des Moines Register, jurors deliberated for nine hours before reaching a verdict. It was the second prosecution of Occupy protesters arrested last October on the state capitol grounds. Last month a Polk County jury acquitted former State Representative Ed Fallon on the same trespassing charge, accepting his First Amendment defense.

Background on this week’s trial is after the jump. UPDATE: Defense attorney Sally Frank is likely to appeal. Scroll down for details.

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Health care reform anniversary news roundup (updated)

Friday marked the second anniversary of President Barack Obama signing the Patient Protection and Affordable Care Act, more commonly known as health care reform or “Obamacare.” After the jump I enclose lots of news related to the milestone, including comments from Iowa elected officials and statistics on how certain provisions affect Iowans.

This morning the U.S. Supreme Court is scheduled to start hearing oral arguments regarding the constitutionality of the health care reform law. Governor Terry Branstad signed Iowa on to one of the lawsuits challenging the Affordable Care Act last year. Near the end of this post I’ve included some speculation about how the justices may rule (or punt).

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Environmental groups sue EPA over inaction on "Dead Zone" pollution

The Iowa Environmental Council is one of 11 plaintiffs in two lawsuits filed today to challenge inaction by the U.S. Environmental Protection Agency. The legal actions are aimed at forcing the EPA “to address the nitrogen and phosphorous pollution degrading water quality in Iowa, the Mississippi River Basin, and the Gulf of Mexico, where this pollution causes the Dead Zone.”  

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Branstad pins hopes on Ninth Circuit activist judges

Governor Terry Branstad and Iowa Attorney General Tom Miller both joined a brief filed today by seven Midwestern states that oppose California’s Low Carbon-Fuel Standard. Branstad was eager to “take a stand for Iowa farmers against [an] unconstitutional California law,” as a press release put it.

It’s not every day that a governor who has praised strict constructionists and “the philosophy of judicial restraint” cheers for the Ninth Circuit U.S. Court of Appeals to keep an injunction on (and eventually strike down) a state law.

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Former Postville interpreter makes case against Stephanie Rose as judge

Last month President Barack Obama nominated Stephanie Rose, U.S. attorney for Iowa’s northern district, for a federal judgeship in Iowa’s southern district. If confirmed, Rose would become the first woman to serve as a district judge in Iowa’s southern district. Today the Des Moines Register published an opinion piece urging U.S. senators not to “rubber-stamp” Rose’s nomination.  

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Judge orders state agency to list same-sex spouse on child's birth certificate

A Polk County District Court Judge has ordered the Iowa Department of Public Health to list a birth mother’s same-sex spouse on the child’s birth certificate without requiring the non-birthing mother to go through the adoption process.

However, the ruling does not automatically apply to all Iowa same-sex couples seeking to have both parents listed on their children’s birth certificates.

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How to write an Iowa caucus party platform resolution

Most Iowa caucus-goers head home after the presidential candidate selection, but hard-core activists stick around to elect county convention delegates and consider resolutions for the party platform. If you bring a resolution to your precinct caucus, you have a good chance of getting it approved.

Little-known fact for those who plan to exercise this option: platform resolutions are supposed to be written in a different format from other political resolutions you may have read.

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The 10 biggest Iowa political blunders of 2011

Let’s review the most boneheaded moves from the year in Iowa politics.

This thread is not about wrongheaded policy choices. It may be stupid to cut early childhood education programs, kneecap the state Environmental Protection Commission, or pass an “ag gag” bill that would never survive a court challenge. Yet all of those actions carry potential political benefits, since they appeal to well-funded interest groups or a large group of voters.

My top ten list of Iowa politicians’ mistakes is after the jump.

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