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.

In 2011, Governor Terry Branstad played hardball to force Cedar Rapids leaders to abandon a project labor agreement for a public building. Last Friday, one of the governor’s line-item vetoes boxed in Des Moines leaders. The governor’s action may eventually push capital city officials toward unpopular ways of refunding so-called “franchise fees” to residents.

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.

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.

A senior staffer for the Iowa Farm Bureau Federation confirmed this week that plaintiffs will appeal a Polk County District Court’s ruling dismissing their challenge to an important water quality regulation.

The U.S. Court of Appeals for the Eighth Circuit has affirmed a lower court’s dismissal of a lawsuit challenging Iowa’s merit selection system for judges. Follow me after the jump for background on yesterday’s ruling.

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.

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.

A Polk County District Court judge rejected a lawsuit by the Iowa Farm Bureau Federation and two other industry groups seeking to invalidate the most significant water quality regulations adopted in Iowa during the past decade.

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).

The Iowa Supreme Court ruled unanimously today that Governor Terry Branstad impermissibly used his line-item veto to strike language about Iowa Workforce Development field offices without vetoing the money allocated to fund those offices.

UPDATE: Added Branstad’s reaction below as well as statements from Iowa House and Senate Democrats.

U.S. Attorney Stephanie Rose told members of the U.S. Senate Judiciary Committee yesterday that she wasn’t a key decision maker regarding the May 2008 immigration raid in Postville, Iowa.

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.”  

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.

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.  

Two days after the Iowa Department of Public Health announced plans to appeal a court ruling on same-sex parents’ right to be listed on birth certificates, a new lawsuit challenged the department’s refusal to list a non-birthing spouse on a stillborn baby’s death certificate.

The Iowa Department of Public Health will appeal a Polk County District Court ruling on whether non-birthing same-sex parents should be listed on babies’ birth certificates.

The U.S. Supreme Court ruled today that laws banning workplace discrimination do not apply to many employees of religious organizations. Conservatives are hailing the ruling as a victory for religious freedom. It also appears to undermine one of their arguments against marriage equality and civil rights protections for LGBT Americans.