Hot off the press: the U.S. Supreme Court has declined to hear Republican State Senator Rick Bertrand’s appeal of a Iowa Supreme Court ruling rejecting his defamation case. Bertrand’s lawsuit stemmed from a negative ad the Iowa Democratic Party ran against him during his 2010 campaign against Rick Mullin. To my surprise, Bertrand won significant damages in a jury trial, and a partial victory at the Iowa District Court level. The district court judge reduced the damages awarded to Bertrand but determined that the controversial television spot constituted “implied libel.”

Both Bertrand and the defendants in the defamation case (Mullin and the Iowa Democratic Party) appealed to the Iowa Supreme Court, which heard the case in January. In May, justices unanimously dismissed the case. Bleeding Heartland posted key excerpts from that unanimous ruling here. You can read the full decision here (pdf).

Bertrand’s only option left was a U.S. Supreme Court appeal. I never thought he would get far with this lawsuit, because of extensive case law supporting strong protections for political campaign speech, as well as a high bar for any public figure claiming defamation (libel or slander).

Today, Bertrand v. Mullin et al appeared on a long list of cases in which the U.S. Supreme Court denied certiorari.

UPDATE: Bertrand reacted to today’s news on his twitter feed. I’ve added those comments below. He still doesn’t have a grasp of the First Amendment issues.

Today the Iowa Supreme Court unanimously dismissed a defamation case filed by Republican State Senator Rick Bertrand over a 2010 negative television ad. You can read the full ruling here (pdf). I’ve posted a few excerpts below.

The Iowa Democratic Party ran the ad on behalf of Democratic candidate Rick Mullin shortly before the 2010 general election. Bertrand immediately filed a defamation lawsuit, in what I assumed was a stunt to change the media narrative. However, he pursued the case after winning the Iowa Senate race. In 2012, a jury decided in favor of Bertrand and awarded him $231,000 in damages. Later, a district court judge reduced the damages to $50,000 but determined that the tv ad constituted “implied libel.” The judge concluded that several statements in the commercial, though technically accurate, created a misleading impression about Bertrand. Both sides appealed to the Iowa Supreme Court. Mullin and the Iowa Democratic Party asked the justices to overturn the original verdict, while Bertrand defended his libel claim and objected to the damages being reduced.

I always expected the verdict to be overturned on appeal, because of extensive case law supporting strong protections for political campaign speech, as well as a high bar for any public figure claiming defamation (libel or slander).

Chief Justice Mark Cady cited many judicial opinions in his ruling, joined by Justices Thomas Waterman, Daryl Hecht, Bruce Zager, and David Wiggins. Justices Edward Mansfield and Brent Appel recused themselves from this case for reasons Bleeding Heartland discussed here. During the oral arguments in January, some observers thought Waterman sounded sympathetic to Bertrand’s attorney–which goes to show comments made during oral arguments don’t necessarily reflect the way a judge will decide a case.

This morning, Bertrand told the Des Moines Register, “The Iowa Supreme Court failed the people of Iowa and they failed the nation today. They did not show the courage to really say no to lies and corruption in politics.” Iowa Senate Majority Leader Mike Gronstal released the following statement: “We are pleased with the decision by the Iowa Supreme Court. The decision affirms our original position: the communication in question was factually accurate and protected free speech.”

The Iowa Supreme Court heard oral arguments yesterday in an appeal of Republican State Senator Rick Bertrand’s defamation lawsuit against his 2010 opponent, Rick Mullin, and the Iowa Democratic Party. Des Moines attorney and law blogger Ryan Koopmans live-tweeted the hearing, and Mike Wiser and Grant Rodgers published summaries.

We’ll know the verdict within a few months, but I’ve posted some thoughts and predictions below.

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.

Democrats suffered big losses in the Iowa House and Senate last night. Assuming no results change through recounts, the House is likely to switch from 56 Democrats and 44 Republicans to 59 Republicans and 41 Democrats. I’ve seen some online references to a 58-42 split, but that’s not how the count looks based on unofficial results posted on the Secretary of State’s website.

Democrats maintain control of the Iowa Senate, but their majority shrank from 32-18 to 27-23. Governor-elect Terry Branstad should easily be able to get his agenda through the Iowa House, and Senate Majority Leader Mike Gronstal may have trouble keeping his caucus united.

UPDATE: Late returns could change the outcome in two Senate seats; it’s possible the chamber could have a 25-25 split, or a 26-24 Democratic majority.

SECOND UPDATE: A few more races could switch as more absentee ballots come in. As of Wednesday evening, Democrat Tom Schueller is now trailing in House district 25 by about 150 votes.

Here’s my take on the seats that changed hands and the near-misses.

Last week Democratic and Republican candidates for the Iowa legislature filed disclosure reports on their campaign contributions and expenditures. For most candidates, those reports covered the period from June 2 through July 14. For the few candidates who didn’t file reports on the Friday preceding the June primary, the July 19 reports covered campaign fundraising and expenses between May 15 and July 14.

John Deeth posted cash-on-hand totals for candidates in most of the Iowa House and Senate battleground districts. The numbers are encouraging for Democrats, because our candidates lead their opponents in cash on hand in most of the targeted districts.

As I read through the July 19 contribution reports, I noticed something strange. Republican candidates in various targeted Iowa House and Senate districts reported improbably low fundraising numbers. As a general rule, candidates strive for impressive fundraising to demonstrate their viability, and cash on hand in July indicates which candidate will have more resources during crunch time. However, I got the impression that several of the Republican Iowa House and Senate candidates made little effort to obtain campaign contributions during the latest reporting period. Follow me after the jump for some examples and possible explanations.  

Kudos to the Woodbury County Democrats for recruiting strong candidates for all three open Iowa House districts as well as both Iowa Senate districts representing parts of Sioux City. Two of those races became open very recently, when Democratic State Representative Roger Wendt announced his retirement from House district 2 because of a cancer recurrence and Republican State Senator Ron Wieck said he won’t run for re-election from Senate district 27.

Two new candidates announced their intentions at the Woodbury County Democratic Convention over the weekend. In House district 2, covering much of the east side of Sioux City, our candidate is Chris Hall. Bret Hayworth writes,

Hall comes from a political family –  his mother, Tina Hall of Sioux City, has served as  Woodbury County Democratic Party Chairwoman and ran unsuccessfully for county treasurer in 1994. His grandfather is Connie Bodine, a former city council member and city manager.

Republican Rick Bertrand previously said he would run in House district 2, but he may switch to run against Democrat Rick Mullin in Senate district 1 instead.

In Senate district 27, our candidate is Marty Pottebaum, a retired Sioux City police officer who served a term on the city council. He is also a past president of the Sioux City Police Officer’s Association and the Iowa State Police Association. Senate district 27 covers southern areas of Sioux City, plus other parts of Woodbury County, part of Plymouth County and all of Cherokee County. A competitive Republican primary will determine Pottebaum’s opponent.

An alert Bleeding Heartland reader informs me that Democrats also have a candidate in Iowa House district 8, from which Dolores Mertz is retiring. I’ll post more details on that race as they become available.

UPDATE: Bertrand did switch to the Senate district 1 race against Mullin. The new Republican candidate in House district 2 is Ryan Beardshear, a technology consultant and partner in an e-business.

There may not be a GOP primary in Senate district 27 after all; Jason Geary dropped out, so Bill Anderson is the likely candidate.

Bret Hayworth has the story at his Politically Speaking blog: David Dawson, a former prosecutor in the Woodbury County Attorney Office, will be the Democratic candidate in Iowa House district 1. He sounds like a great candidate for that Sioux City district. He will face Republican high school teacher Jeremy Taylor, who almost beat retiring State Representative Wes Whitead in 2008.

Our previously declared candidate in House district 1, local business owner Rick Mullin, switched to the Iowa Senate district 1 race after Steve Warnstadt announced his retirement. Mullin’s campaign website is here.

With the filing deadline only a week away, Democrats still lack an announced candidate in House district 2, which contains most of the east side of Sioux City. Recruiting a good candidate for that race should be a higher priority than finding someone to run in Iowa Senate district 27, which is also open and contains southern parts of Sioux City. Not only are Democrats more likely to hold House district 2 than pick up Senate district 27, we are at greater risk of losing the Iowa House than the Iowa Senate.

Once we have a candidate in House district 2, it shouldn’t take long to collect the 50 signatures required to qualify for the ballot.

In related news, there may be a brutal Republican primary in Senate district 27.

Sioux City residents will replace their entire delegation in the Iowa House and Senate this November. Democrat Steve Warnstadt announced his retirement yesterday from Iowa Senate district 1, which comprises much of Sioux City (map here). Warnstadt is completing his second term in the Senate and has chaired the upper chamber’s Commerce Committee. He is known for his work on veterans’ issues, among other things, and commands the 671st Troop Command of the Iowa Army National Guard.

Two-term Republican State Senator Ron Wieck told Bret Hayworth of the Sioux City Journal last week that he will not seek re-election in Senate district 27. The district comprises all of Cherokee County and portions of Plymouth and Woodbury counties, including the southern areas of Sioux City (map here).

All three Iowa House seats representing the Sioux City area are open as well. Democrat Wes Whitead announced his retirement from House district 1 last November. Democrat Roger Wendt is stepping down from House district 2 because of a cancer recurrence. Republican Chris Rants is retiring from House district 54.

Businessman and former Woodbury County Democratic Party chairman Rick Mullin had previously planned to run in House district 1, but he switched to the Senate race after learning of Warnstadt’s retirement. Mullin’s campaign website had already been updated this morning. While he is a strong candidate in a district that leans Democratic (Warnstadt was re-elected in 2006 with about 67 percent of the vote), I can’t help wishing that Warnstadt had stuck it out for another term. It’s not ideal to have another Democratic retirement in what could be a tough year for our candidates nationwide.

Republican Rick Bertrand may become Mullin’s opponent in Senate district 1, having previously announced plans to run in House district 2.

Democrats already have a candidate in House district 54: Carlos Venable-Ridley, who ran against Rants in 2008. However, no candidates have announced for us in House districts 1 and 2. Since the filing deadline is just 10 days away, we should learn more soon. We need strong candidates for those races, because we have some tough holds elsewhere, and Republicans only need a net gain of seven seats to take control of the Iowa House. The Republican candidate in House district 1 is Jeremy Taylor, who nearly defeated Whitead in 2008. If Bertrand passes on the Senate district 1 race, he will be the Republican candidate in House district 2. He gave Wendt a surprisingly close race in 2008.

As for Senate district 27, Democrats did not field a candidate against Wieck when he ran for re-election in 2006. Typically we don’t leave any open seat unchallenged, but finding a candidate for Weick’s old seat will be a lower priority for Woodbury County Democrats than filling the House district 1 and 2 races. Republicans may have a competitive primary in Senate district 27. Hayworth reported that former Sioux City Councilman Jason Geary is seeking the GOP nomination and has Wieck’s backing. Bill Anderson, a staffer for Representative Steve King and member of the Iowa GOP’s state central committee, may challenge Geary in the primary. Woodbury County Republican Party parliamentarian Steve Carlson “declined to comment” to Hayworth about whether he might run for Wieck’s seat.

If I were Iowa Democratic Party Coordinated Campaign Director Derek Eadon, I would send one of my best field organizers to Woodbury County. We need an army of volunteers in the Sioux City area.

Share any relevant thoughts in this thread.

UPDATE: Mullin formally announced his candidacy on March 10.

“As a small business owner, I’ve created jobs and met a payroll,” said Mullin. “And helping middle class Iowans and small business owners in Sioux City emerge from this national economic recession will be my top priority.”

Mullin is the owner and president of Mullin Awning & Siding, a family-owned business that has operated in the Sioux City area for more than 115 years.

“I’ve been involved in the Sioux City community for all of my life,” said Mullin. “And I want to take the values I learned growing up in Sioux City with me to the State Capitol where I’ll work every day to improve the lives of the people of Senate District 1. I will fight for good jobs, great schools, developing our local economy and providing accountability for the hard-earned tax dollars of Iowans in Sioux City.”

Mullin is a leader in the Sioux City community. He served as president of the Better Business Bureau of Siouxland from 1981-1984; he was past president of the Sioux City Convention Center, Auditorium & Tourism Bureau. Mullin was President of the Crime Stoppers Board of Directors from 2005-2007 and also served as vice president of the Taxpayers Research Council (TRC), during which time he founded the TRC Jail Committee to determine the necessity for building a new $50 million County Jail. Rick hosted informal meetings with judges, prosecutors, jailers and others and found creative solutions to avoid spending $50 million of taxpayer dollars.

“I think bringing people together and listening is the best way to find a solution to the problems that we face today,” said Mullin. “I’m proud of the work we did on the jail committee to figure out how to save $50 million for the taxpayers in Woodbury County. Listening to all sides of the issues and coming up with workable, cost-effective solutions will be how I represent the people of Senate District 1.”

Rick and his wife Sue have two children, Megan and John. Sue is a special education teacher at Crescent Park Elementary in Sioux City.

“I’m going to be meeting as many people as I can in Senate District 1 over the next several months. If you’ve got an idea about how to move Sioux City forward, then I want to hear from you.”

Mullin’s campaign co-chairs are prominent Sioux City attorney Marv Heidman and Senator Steve Warnstadt.

Mullin said that people can contact him at home, at (712) 574-9325 or email him at rick@mullinforiowa.com. To find out more about his campaign, visit www.mullinforiowa.com.

Warnstadt released a statement on March 10, saying, “I believe that Rick Mullin’s record of community involvement and strong work ethic will make him an effective advocate for the people of Sioux City. Rick’s experience as a small business owner will help efforts to attract and retain good-paying jobs to Sioux City. Rick Mullin will make a great state senator.”

Charlotte Eby reports that Democratic State Representative Roger Wendt won’t return for the rest of the current legislative session or seek re-election this year because of a “serious unnamed medical condition.” I will update this post as more is known about Wendt’s condition. I’m sure the Bleeding Heartland community joins me in hoping that Wendt will receive the medical care he needs now.

UPDATE: Bret Hayworth reports that Wendt has lung cancer. He had apparently been cancer-free since beating the disease in his other lung 17 years ago. Best wishes for another full recovery.

Wendt was first elected to House district 2 in 2002. The district includes part of Sioux City (here is a map (pdf file). In 2008, Wendt defeated Republican Rick Bertrand with about 51.5 percent of the vote. Bertrand is running again this year.

Democrats hold a 56-44 majority in the Iowa House, but leaders haven’t always been able to find 51 votes to pass bills on their agenda, particularly relating to labor and taxation. Wendt’s departure will complicate efforts to pass House File 2420, the “fair share” bill that would require non-union public employees to compensate the union for bargaining services done on their behalf.

Woodbury County Democrats will have to work harder than ever on getting the vote out this year. In November, State Representative Wes Whitead announced plans to retire from House district 1, which is also in the Sioux City area. Rick Mullin, a past chair of the Woodbury County Democrats, will face Republican Jeremy Taylor in the first district. Taylor nearly defeated Whitead in 2008.

Republican State Representative Chris Rants is retiring from House district 54 this year, leaving a third open seat in Woodbury County. That district, which stretches from southeastern Sioux City to the Sergeant Bluff area, is less friendly territory for Democrats. I believe we have better pickup opportunities in House district 74 in Warren County and in House district 51 in Carroll County, which Republican Rod Roberts is vacating in order to run for governor this year.

UPDATE: The Des Moines Register’s blog recounts some highlights from Wendt’s career. He left a mark on this state’s education policy while chairing the House Education Committee:

* Wendt fought for a model core curriculum, intended to give all students the same strong education foundation, in 2008.

* He supported an anti-bullying law. The legislation in 2007 forced public and private schools to have policies that prevent and punish bullying or harassment of any student, including based on sexual orientation.

* Wendt was one of the lawmakers who led the charge three years ago on a statewide sales tax to raise money for school building projects. The old method was more piecemeal – counties voted periodically on a tax for their area. Urban schools, where most shopping and sales taxes happen, raked in more money, while rural districts felt funding inequity. Money is distributed equally per pupil across the state now.

* He began speaking out about a “dramatic need” for preschool programs in 2005.   Two years later, a law passed so that nearly all of Iowa’s 4-year-olds could attend preschool on a voluntary basis, paid for by the state and taught by licensed teachers.

* He helped make high school more rigorous. He believed that students – and their parents – need to take high school more seriously. Too many students coast in their junior and senior years, he said.

LATE UDPATE: Dave Price notes that three other Iowa legislators are currently battling cancer: Republican State Senators David Johnson and Pat Ward and Democratic State Representative Paul Bell. Wishing them all a full recovery.  

This thread is for anything that’s on your mind this weekend.

After the jump I’ve posted links about Christian Fong, Sarah Palin, House district 1 and Kim Lehman to get things rolling.