Steve King's unconstitutional Obamacare bill getting national ridicule

For a self-style “constitutional conservative,” Representative Steve King has a lot of trouble with the separation of powers concept. In the past, King has tried to block federal courts from hearing cases related to marriage rights and encouraged state governments to disregard the U.S. Supreme Court’s 2015 marriage equality ruling.

King went one step further this week by introducing a bill to prohibit the Supreme Court from citing its previous cases involving the 2010 Affordable Care Act.

Legal experts agree King’s proposal is itself unconstitutional.

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A year's worth of guest posts, plus tips for guest authors

One of my blogging new year’s resolutions for 2016 was to publish more work by other authors, and I’m grateful to the many talented writers who helped me meet that goal. After the jump I’ve linked to all 140 guest posts published here last year.

I encourage readers to consider writing for this site in 2017. Guest authors can write about any political issue of local, state, or national importance. As you can see from the stories enclosed below, a wide range of topics and perspectives are welcome here.

Pieces can be short or long, funny or sad. You can write in a detached voice or let your emotions show.

Posts can analyze what happened or advocate for what should happen, either in terms of public policy or a political strategy for Democrats. Authors can share first-person accounts of campaign events or more personal reflections about public figures.

Guest authors do not need to e-mail a draft to me or ask permission to pursue a story idea. Just register for an account (using the “sign up” link near the upper right), log in, write a post, edit as needed, and hit “submit for review” when you are ready to publish. The piece will be “pending” until I approve it for publication, to prevent spammers from using the site to sell their wares. You can write under your own name or choose any pseudonym not already claimed by another Bleeding Heartland user. I do not reveal authors’ identity without their permission.

I also want to thank everyone who comments on posts here. If you’ve never participated that way, feel free to register for a user account and share your views. If you used to comment occasionally but have not done so lately, you may need to reset your password. Let me know if you have any problems registering for an account, logging in, or changing a password. My address is near the lower right-hand corner of this page.

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Politically motivated Iowa fraud case points to Polk County prosecutor's failure

A former administrative law judge who testified about political interference at Iowa Workforce Development is facing a felony fraud charge after staff in the Polk County Attorney’s office failed to do their homework.

Ryan Foley reported Thursday for the Associated Press that former Administrative Law Judge Susan Ackerman is charged with making fraudulent submissions, having “falsely certified that her married daughter was single so that she could receive state health insurance in 2013 and 2014.” When the Iowa Supreme Court Attorney Disciplinary Board reviewed an Iowa Workforce Development complaint citing the same conduct a year and a half ago, the board determined “that Ackerman didn’t commit an ethical violation and declined to take action against her law license,” Foley noted.

So why is she facing criminal prosecution now? Because no one in the Polk County Attorney’s office researched this case before filing charges.

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Iowa Supreme Court: Branstad had power to veto mental health funding

Another one for the “elections have consequences” file: The Iowa Supreme Court unanimously ruled on November 10 that Governor Terry Branstad “did not exceed the scope of his constitutional authority” when he vetoed funds state lawmakers had approved to keep open mental health facilities in Mount Pleasant and Clarinda.

A large group of Democratic legislators, joined by the president of the public employee union AFSCME, filed suit soon after Branstad vetoed the funding in July 2015. Their lawsuit contended that Iowa Code contains language requiring the state to operate Mental Health Institutes in Mt. Pleasant and Clarinda. But last November, a Polk County District Court held that “Existing statutes are not conditions on appropriations” and “cannot limit the Governor’s item veto authority.” Bleeding Heartland published excerpts from Judge Douglas Staskal’s decision here.

Last week’s Iowa Supreme Court opinion by Justice David Wiggins affirmed Staskal’s ruling but found that the District Court “failed to address” a matter of constitutional law raised by the plaintiffs. After additional analysis of the legislative intent behind language designating the facilities in Mount Pleasant and Clarinda as “state hospitals for persons with mental illness,” the high court reached the same conclusion as Staskal: the governor had the power to veto funds earmarked for operating facilities he had closed. I enclose below excerpts from the opinion.

Branstad’s spokesperson Ben Hammes did quite the spin job in his statement:

Today’s unanimous Supreme Court decision affirms the Governor’s action by allowing more Iowans to have access to quality mental health care and substance abuse treatment than ever before. The State’s mental health care redesign allows Iowans to access treatment in a community-based setting and through more modern means. Gov. Branstad is committed to putting patients first, improving care, increasing access and modernizing the delivery of mental health services. In fact, there are currently at any time 60-100 psychiatric inpatients beds open across the state. Iowa now maintains a robust level of access to mental health beds that are more efficiently delivered.

Nice try, Hammes. In reality, the justices did not assess either the merits of Branstad’s decision to close the in-patient facilities or the quality of mental health care and substance abuse treatment in Iowa. In reality, Iowa “consistently ranks in the bottom five of all states in every single category of mental health programs and services.” In reality, Iowa “ranks dead last in the country for state psychiatric beds per capita.” In reality, “many Iowans with serious mental illnesses are being marooned” for weeks or months in hospitals, for lack of adequate facilities or services to monitor their care.

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"The Lord gave, and the Lord hath taken away": a Jobian analysis of gay marriage in America

A frightening look at how a changed Supreme Court might strip LGBT Americans of marriage rights. You can find previous writing by Bill from White Plains here. -promoted by desmoinesdem

If there is one group whose rights may be most immediately at risk following the election of Donald Trump to the Presidency of the United States, it isn’t refugees, or Muslims, or Mexicans, or women. It is those who are wed to their gay partners. The reason for that has a lot to do with a really poorly written and poorly reasoned United States Supreme Court ruling finding restrictions on marriage to those of different genders unconstitutional.

The ruling, Obergefell v. Hodges, does a couple of really bad injustices to gay married couples.

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A look at the campaign to retain Iowa's Supreme Court justices

The last three Iowa Supreme Court justices involved in the landmark 2009 marriage equality ruling are on the ballot this year: Chief Justice Mark Cady (author of the Varnum v Brien decision) and Justices Brent Appel and Daryl Hecht. However, this year’s Iowa judicial retention elections aren’t getting much attention, largely because social conservative groups decided not to engage heavily in the fight.

By this point in 2010, television commercials calling for a “no” vote on three Iowa Supreme Court justices had been on the air for six weeks. Bob Vander Plaats and allies were holding “Judge Bus” events across Iowa. In a radio ad, Representative Steve King urged listeners to “vote ‘no’ on Judges [Marsha] Ternus, [Michael] Streit and [David] Baker” to “send a message against judicial arrogance.” For about a month before the 2012 general election, conservative groups paid for tv ads asking Iowans to “hold [Justice] David Wiggins accountable for redefining marriage and legislating from the bench.”

In contrast, Vander Plaats and like-minded Iowans have made a lower-key case against Cady, Appel, and Hecht, largely relying on e-mail, social media postings, and letters to the editor. They probably realized a full-court press was unlikely to succeed in a presidential election year. Nor did they have a way to fund a more extensive anti-retention campaign, with the biggest donor from 2010 and 2012 staying on the sidelines this year.

Supporters of retaining the Supreme Court justices are taking no chances, though. Two groups are leading the fight to persuade and remind voters to mark “yes” for all Iowa judges, especially Cady, Appel, and Hecht. I enclose below a sampling of messages from the Justice Not Politics coalition and the Iowa State Bar Association.

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