Iowa Right to Life Committee, Inc. v. Tooker

844 F. Supp. 2d 946, 2012 WL 562418, 2012 U.S. Dist. LEXIS 21754
CourtDistrict Court, S.D. Iowa
DecidedFebruary 7, 2012
DocketNo. 4:10-cv-416 RP-TJS
StatusPublished
Cited by1 cases

This text of 844 F. Supp. 2d 946 (Iowa Right to Life Committee, Inc. v. Tooker) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iowa Right to Life Committee, Inc. v. Tooker, 844 F. Supp. 2d 946, 2012 WL 562418, 2012 U.S. Dist. LEXIS 21754 (S.D. Iowa 2012).

Opinion

MEMORANDUM OPINION AND ORDER

ROBERT W. PRATT, District Judge.

Currently before the Court are portions of two pending motions for summary judgment. The first motion was filed by Iowa Right to Life Committee, Inc. (“IRTL”) on January 14, 2011. Clerk’s No. 44. The above-captioned government officials (collectively, “Defendants”) filed a response on February 4, 2011. Clerk’s No. 47. IRTL filed a reply on February 11, 2011. Clerk’s No. 50. The second motion was filed by Defendants on January 14, 2011. Clerk’s No. 45. IRTL filed a response on February 4, 2011. Clerk’s No. 48. Defendants filed a reply on February 11, 2011. Clerk’s No. 49. The matters are fully submitted.

[947]*947I. FACTUAL & PROCEDURAL BACKGROUND

The Court ruled, in part, on the instant motions on June 29, 2011.1 795 F.Supp.2d 852 (S.D.Iowa 2011). However, the Court reserved ruling on the portions of those motions relating to Count One of IRTL’s complaint until the Iowa Supreme Court ruled on—or declined to answer—the statutory-interpretation questions certified in Section 111(A) of that order. Id. at 873-74. On December 30, 2011, the Iowa Supreme Court issued an opinion answering the certified questions. See Iowa Right to Life Comm. v. Tooker, 808 N.W.2d 417 (Iowa 2011). On February 7, 2012, the Court received a certified copy of that decision from the Iowa Supreme Court. See Clerk’s No. 58.

II. STANDARD FOR SUMMARY JUDGMENT

Under Federal Rule of Civil Procedure 56(a), “[a] party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought.” Summary judgment can be entered against a party if that party fails to make a showing sufficient to establish the existence of an element essential to its case, and on which that party will bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment is appropriately granted when the record, viewed in the light most favorable to the nonmoving party and giving that party the benefit of all reasonable inferences, shows that there is no genuine issue of material fact, and that the moving party is therefore entitled to judgment as a matter of law. Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994). The Court does not weigh the evidence, nor does it make credibility determinations. The Court only determines whether there are any disputed issues and, if so, whether those issues are both genuine and material. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Wilson v. Myers, 823 F.2d 253, 256 (8th Cir.1987) (“Summary judgment is not designed to weed out dubious claims, but to eliminate those claims with no basis in material fact.”) (citing Weight Watchers of Quebec, Ltd. v. Weight Watchers Int'l, Inc., 398 F.Supp. 1047, 1055 (E.D.N.Y.1975)).

In a summary judgment motion, the moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact based on the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548; Anderson, 477 U.S. at 248, 106 S.Ct. 2505. If the moving party has carried its burden, the nonmoving party must then go beyond its original pleadings and designate specific facts showing that there remains a genuine issue of material fact that needs to be resolved by a trial. See Commercial Union Ins. Co. v. Schmidt, 967 F.2d 270, 271 (8th Cir.1992); see also Fed.R.Civ.P. 56(c). This additional showing can be by affidavits, depositions, answers to interrogatories, or the admissions on file. See Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548; Anderson, 477 U.S. at 257, 106 S.Ct. 2505. “[T]he mere existence of some alleged factual dispute between the parties will not defeat a motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505. An issue is “genuine” if the [948]*948evidence is sufficient to persuade a reasonable jury to return a verdict for the non-moving party. See id. at 248, 106 S.Ct. 2505. “As to materiality, the substantive law will identify which facts are material____Factual disputes that are irrelevant or unnecessary will not be counted.” - Id.

III. LAW AND ANALYSIS

In Count One, IRTL challenges Iowa Code §§ 68A.102(18) and 68A.402(9). Compl. ¶ 23. IRTL argues that these provisions “unconstitutionally impose[ ] political-committee (‘PAC’) status on groups whose major purpose is not the nomination or election of candidates.”2 Pl.’s Br. in Supp. of Mot. for Summ. J. (hereinafter “PL’s Br.”) at 3 (Clerk’s No. 44-1).

The first challenged provision defines “political committee” as follows:

a. A committee, but not a candidate’s committee, that accepts contributions in excess of seven hundred fifty dollars in the aggregate, makes expenditures in excess of seven hundred fifty dollars in the aggregate, or incurs indebtedness in excess of seven hundred fifty dollars in the aggregate in any one calendar year to expressly' advocate the nomination, election, or defeat of a candidate for public office, or to expressly advocate the passage or defeat of a ballot issue.
b. An association, lodge, society, cooperative, union, fraternity, sorority, educational institution, civic organization, labor organization, religious organization, or professional organization that accepts contributions in excess of seven hundred fifty dollars in the aggregate, makes expenditures in excess of seven hundred fifty dollars in the aggregate, or incurs indebtedness in excess of seven hundred fifty dollars in the aggregate in any one calendar year to expressly advocate the nomination, election, or defeat of a candidate for public office, or to expressly advocate the passage or defeat of a ballot issue.
c. A person, other than an individual, that accepts contributions in excess of seven hundred fifty dollars in the aggregate, makes expenditures in excess of seven hundred fifty dollars in the aggregate, or incurs indebtedness in excess of seven hundred fifty dollars in the aggregate in any one calendar year to expressly advocate that an individual should or should not seek election to a public office prior to the individual becoming a candidate as defined in subsection 4.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Iowa Right to Life Committee, Inc. v. Tooker
133 F. Supp. 3d 1179 (S.D. Iowa, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
844 F. Supp. 2d 946, 2012 WL 562418, 2012 U.S. Dist. LEXIS 21754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-right-to-life-committee-inc-v-tooker-iasd-2012.