DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121605P.pdf 06/13/2013 Iowa Right To Life Committee v. Megan Tooker
U.S. Court of Appeals Case No: 12-1605
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Smith and Melloy, Circuit Judges]
Civil case - Campaign Financing. Please see the opinion text for further
details of the court's ruling in this challenge to the constitutionality of
several Iowa campaign-finance laws, an administrative rule and two related
forms. Plaintiff lacked standing to challenge the definitions under Iowa
Code subsections 96A.102(18) and 68A.402(9); certain provisions of statutory
sections, an Iowa Code Administrative rule and Form Ind-Exp-O are
constitutional as applied to plaintiff and groups whose major purpose is not
nominating or electing candidates, while other sentences of the statute,
rule and Form DR-3 are unconstitutional as applied to plaintiff and such
groups; Iowa Code section 68A.503 is constitutional under the First and
Fourteenth Amendments; plaintiff has standing to challenge under the First
Amendment Iowa Code subsections 68A.404(2)(a-b) and 68.404(5)(g); plaintiff
has standing to challenge under the Fourteenth Amendment whether those
sections impose content-based restrictions that violate its right to equal
protection; Subsections 68A.404(2)(a-b) are constitutional under the Equal
Protection Clause insofar as they do not differentiate between similarly
situated speakers; the clause "of the corporation" in Iowa Code subsections
68A.404(5)(g) and the clause "if the organization making the expenditure is
a corporation" in Form Ind-Exp-O are unconstitutional under the Fourteenth
Amendment. On remand, the district court should consider severability. Judge
Melloy, concurring.