Grassley digs in on Supreme Court vacancy, denounces "pressure" campaign

Senator Chuck Grassley faced more critics than usual at his home-state public events during a two-week Congressional recess, and major Iowa newspapers continue to weigh in against the Senate Judiciary Committee chair’s determination not to give Judge Merrick Garland any confirmation hearings.

But in a 20-minute speech on the Senate floor yesterday, Grassley defended the Republicans’ determination to let the “American people weigh in on this important matter,” adding that “I am no stranger to political pressure and to strong-arm tactics.” The same day, Grassley told Senate Judiciary Committee colleagues he came away from his meetings in Iowa “feeling positive about the position we had taken,” saying “the recess reinforced my thinking” about the Supreme Court vacancy.

Meanwhile, earlier this week Iowa’s senior senator took the extraordinary step of attacking Supreme Court Chief Justice John Roberts. One legal commentator called that speech “close to breathtaking in its intemperate incoherence.”

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Peak Trump?

Thanks to fladem for another well-informed view of Republican delegate scenarios. His earlier posts in this series are available here. -promoted by desmoinesdem

Just before Super Tuesday here, I suggested that the possibility of a GOP brokered convention was rising. Just over a month later, as I will show, those odds have risen considerably. Before I walk through the math, let me start with some observations:

1: We are in uncharted territory.

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Throwback Thursday: When state lawmakers chose not to change "infamous crime" to "felony" in the Iowa Constitution

A 2008 amendment to the Iowa Constitution became a matter of debate in Griffin v Pate, the major voting rights case before the Iowa Supreme Court. The amendment changed Article II, Section 5, which as adopted in 1857 read, “No idiot, or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.” The same section now reads, “A person adjudged mentally incompetent to vote or a person convicted of any infamous crime shall not be entitled to the privilege of an elector.”

Two of the seven Supreme Court justices have previously held that when approving the 2008 constitutional amendment, the legislature “ratified its own existing interpretation of that provision under which infamous crime meant a felony.” In its brief for the Iowa Supreme Court on behalf of defendants in Griffin, the Iowa Attorney General’s Office carried forward that claim: “By failing to alter the Infamous Crime Clause when other portions of Article II, section 5 were amended, the Legislature and the public ratified the definition of infamous crime as all felonies under state and federal law.” During the March 30 Supreme Court hearing on Griffin v. Pate, Solicitor General Jeffrey Thompson likewise argued “the simple answer here” is the 2008 constitutional amendment was “passed twice by the General Assembly, adopted by the people of Iowa, in the context of a legal system and historical cases and practices that said felonies are the line.”

My curiosity piqued, I decided to look into the legislative intent behind the 2008 constitutional amendment. What I found does not support the view that Iowa lawmakers envisioned “infamous crime” as synonymous with “felony” or intended to ratify such an interpretation when voting to remove offensive language from the state constitution.

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Iowa wildflower Wednesday: Early spring mix

First spring beauty of 2016

As bloodroot blossoms fade, an explosion of early spring wildflowers begins. Almost every day lately, I have noticed new wildflowers in Windsor Heights. Instead of focusing on one native plant today, I’ve enclosed below pictures of flowers you are likely to see in wooded areas this coming week, as well as a “preview of coming attractions”: stems and leaves of plants that will flower within the next month or two.

This post is also a mid-week open thread: all topics welcome.

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Unpacking Joni Ernst's mixed messages about Donald Trump

Senator Joni Ernst has consistently pledged to support the Republican presidential nominee, whether that person is Donald Trump or someone else. She told Erin Murphy last week that she hopes the eventual nominee will headline her biggest campaign event of the year, the second annual “Roast and Ride” this August.

But in an apparent rebuke to the GOP front-runnner, Ernst made a splash a few days ago by saying women should not put up with Trump’s “nonsense,” and that she is “disappointed” by the “name calling and finger-pointing” dominating the Republican race for the presidency.

Looking more closely at what Ernst told WHO-TV’s Dave Price, I have trouble finding any coherence to her views on Trump.

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Wisconsin primary links and discussion thread

Polls just closed in Wisconsin, but thousands of people are still waiting in long lines to vote. Why does this country tolerate the failure to open enough polling places in so many states? High turnout for both the Democratic and Republican primaries should have been anticipated, especially since Wisconsin has an “open” primary, where independents can change party registration on election day.

Voters had to show photo ID to cast ballots today. A federal lawsuit challenging Wisconsin’s new law is pending.

I’ll update this post periodically with results from tonight. Here are a few links to get the conversation started.

Bernie Sanders is expected to win today’s primary, but he is unlikely to net significantly more delegates than Hillary Clinton will. Craig Gilbert of the Milwaukee Journal-Sentinel explains why.

Clinton and Sanders will debate next in New York ahead of that state’s primary. The New York Daily News transcript of Sanders’ recent interview with the editorial board has been a frequent topic of conversation on social media. Conventional wisdom (embodied as it is so often by Chris Cillizza of the Washington Post) holds that it “was pretty close to a disaster.” I doubt many voters will turn away from Sanders because of it.

Eric Ostermeier of Smart Politics challenged the idea that this year’s Democratic presidential contest is less competitive than Hillary Clinton’s race against Barack Obama in 2008 (emphasis in original):

Clinton has won 18 state primaries and caucuses with 14 states going for Sanders; back in 2008, Obama had won 21 of these state primaries and caucuses with just 11 in Clinton’s column. […]

Five states have already had victory margins inside of two percentage points: Missouri (0.2 points), Iowa (0.2), Massachusetts (1.4), Michigan (1.5), and Illinois (1.8). Unfortunately for Sanders he lost four of these with the only late-night close race call in his favor coming in Michigan.

By contrast, just one of the 32 states to vote thus far in 2016 had a victory margin under two points in 2008 – Missouri (1.4 points).

Overall, contests in 15 states have been more closely decided than they were in 2008 with 17 states having a larger margin of victory.

Sanders has cut into Clinton’s pledged delegate lead since March 15 but still faces long odds of catching Clinton in the delegate race. Patrick Healy and Yamiche Alcindor wrote an interesting piece for the New York Times on some strategic errors by Sanders early on, which may end up costing him the nomination.

Donald Trump had arguably the worst week of his campaign last week. The fact that he could not win a general election is starting to sink in with Republican voters. He’s let go some of his campaign staff (though not the one accused of assaulting a reporter). Ted Cruz has been rising in Wisconsin’s polls, as Trump’s prospects for winning an overall majority of pledged delegates before the Republican National Convention appear to be falling. However, Trump still has a commanding lead in his home state of New York, the next to vote, and other big northeastern states don’t look like promising territory for Cruz.

UPDATE: NBC called Wisconsin for Sanders and Cruz before 8:30 pm. All further updates are after the jump.

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Peter Cownie Kills Autism Insurance Bill

Claire Celsi is the Democratic challenger to Peter Cownie in Iowa House district 42. -promoted by desmoinesdem

April is Autism month. I wish I had better news for all the parents out there who are trying to provide the best care for their children.

State Representative Peter Cownie (R-West Des Moines), Chair of the Iowa House Commerce Committee, single-handedly killed the bill that autism advocates in Iowa had worked all year to bring to a vote in the House Commerce Committee. Cownie had challenged the bill’s advocates to “find him seven Republican votes” so he could bring the bill up and pass it out of his committee for consideration by the entire House. The autism advocates (mostly parents of children who have autism) found the committee votes – both Democrat and Republican. On March 8, the Commerce Committee met, but the bill was never brought up for a vote. Cownie apparently decided that insurance companies were more important than kids. I have heard stories from some of the parents who worked very hard to convince legislators to vote for the bill and they are adamant that the bill would have passed if Cownie would have allowed it to come up for a vote in his committee.

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Weekend open thread: Threats to public health edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

On April 1, three months later than originally planned, Iowa officially switched to a managed-care model for the Medicaid program. Erin Murphy explained here how privatization will affect almost all of our state’s roughly 560,000 Medicaid recipients.

Many Iowans on Medicaid are learning that their current health care providers are now out of network, a particular concern for those who have special medical needs. The Mayo Clinic in Rochester, Minnesota has not signed contracts with any of the three insurance companies selected to be managed-care providers in Iowa. KCRG’s Katie Wiedemannn reported on March 31 about a 9-year-old cancer patient whose scheduled treatment at Mayo has been delayed because of the new policy. I am aware of other families whose children on Medicaid have relied on out-of-state medical specialists to treat their children’s rare genetic or chronic conditions.

Iowa House Republican leaders have refused to act on an extensive Medicaid oversight bill that cleared the Senate with bipartisan support. However, they promise to unveil their own Medicaid oversight proposal soon. Senate Democrats will seek to add many oversight provisions to the human services budget, which is often one of the last bills to be resolved before lawmakers adjourn for the year.

One major red flag: Iowa hired only “two ombudsmen to investigate and work as advocates for the 560,000 poor or disabled people” on Medicaid. As Jason Clayworth reported for the Des Moines Register in January, a working group that studied the issue recommended hiring 134 more ombudsmen at a possible cost of $17 million annually.

Rhonda Shouse has been among the most vocal opponents of Medicaid privatization. She shared with Bleeding Heartland some resources for recipients who run into problems with their new managed-care providers. I enclose those below.

Some good public health news: state lawmakers recently approved a bill that would allow “First responders, emergency medical service providers, police, firefighters and licensed health care professionals” to maintain a supply of the drug Naloxone (also known as Narcan). The medication can prevent death after an overdose of heroin or prescription opioid pain-killers, both of which have become more prevalent in Iowa, as in many other states. Senate File 2218 passed the upper chamber the Senate unanimously and cleared the House by 93 votes to 2 (the dissenters were Republicans Stan Gustafson and Mike Sexton). Several groups representing law enforcement or medical professionals lobbied for this bill. At this writing, Governor Terry Branstad has not yet signed it.

UPDATE: Branstad signed the bill about the overdose drug on April 6.

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Seven thoughts about the oral arguments in Iowa's major voting rights case

On March 30 the Iowa Supreme Court heard oral arguments in Griffin v. Pate, Iowa’s most important voting rights case in many years. The court had scheduled an hour for the hearing, twice as long as for most cases. Several of the attorneys went over the allotted time, as justices interrupted frequently with questions. You can watch the entire proceeding here, and it’s well worth an hour and eighteen minutes of your time. For summaries of the key points raised, read reports by Ryan Foley for the Associated Press or Grant Rodgers for the Des Moines Register. Radio Iowa’s Dar Danielson, Iowa Public Radio’s Sarah Boden, and Des Moines Register columnist Kathie Obradovich provided shorter takes.

I’m on record predicting at least four Iowa Supreme Court justices will determine that not all felonies rise to the level of “infamous crimes.” That outcome would allow Kelli Jo Griffin and thousands of other Iowans to vote after completing their prison sentences or terms of probation or parole.

After what I heard Wednesday and watching the hearing again on YouTube, my gut feeling hasn’t changed, though I wouldn’t be shocked to see the majority go the other way. Almost certainly the decision will not be unanimous. Any comments about the Griffin case or felon disenfranchisement generally are welcome in this thread. I enclose below some of my takeaways from the oral arguments.

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Iowa to require inventory of untested rape kits

Yesterday Governor Terry Branstad signed a bill requiring a statewide inventory of untested rape kits. The Iowa Attorney General’s Office pushed for House File 2420, which passed the Iowa House and Senate unanimously with the support of various groups representing law enforcement, crime victims, and attorneys.

I enclose below background on the provisions, benefits and limitations of the bill State Public Defender Adam Gregg described as a “significant step toward justice in Iowa.”

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Iowa wildflower Wednesday returns: Bloodroot

The fifth year of Bleeding Heartland’s Iowa wildflower Wednesday series kicks off with the native plant that got the ball rolling in 2012. Bloodroot (Sanguinaria canadensis) is native almost everywhere in North America east of the Rocky Mountains. Follow me after the jump for more pictures of one of the first spring wildflowers to bloom in Iowa woodlands.

This post is also a mid-week open thread: all topics welcome. I recommend the Iowa Wildflower Report and Raccoon River Watershed public Facebook groups for native plant lovers and nature photographers.

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Democrats settle for quarter of a loaf on tax deal, crumbs on school funding

The more things change, the more they stay the same.

Leaders in the Democratic-controlled Iowa Senate agreed early in the 2015 legislative session to pass two major tax bills backed by top Iowa House Republicans. The moves left Democrats no leverage to obtain concessions from Republicans on state spending for vital services, especially education. After months of negotiations, the final deal struck after Memorial Day gave House Republicans what they wanted on global budget targets and acceded to their demand for “allowable growth” of only 1.25 percent for K-12 education budgets.

As a gesture toward compromise, Republicans agreed last year to a supplemental spending bill, which included one-time funding for K-12 school districts, community colleges, and state universities. But once lawmakers had adjourned, Governor Terry Branstad item-vetoed some $56 million for education from that bill. The governor pleaded fiscal responsibility in his veto message, though such concerns hadn’t stopped him from signing $99 million in tax cuts into law months earlier.

I had high hopes for a better outcome this year when I saw Senate Democrats balk at passing a $97.6 million “tax coupling” bill much like the one that sailed through the upper chamber in 2015.

But during the past two weeks, Democrats approved harmonizing the state and federal tax codes as part of compromise legislation that was not linked to education spending. Then they agreed to school funding levels very close to the House Republicans’ initial offer for fiscal year 2017, which begins on July 1 and runs through next June. Lower projected state revenues forced Democrats to accept insufficient allowable growth for K-12 school budgets, lawmakers told disappointed students and educators. As usual, budget constraints never seem to be a reason for the Iowa legislature to say no to constituencies seeking expensive tax breaks.

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IA-01: Rod Blum distancing himself from Chuck Grassley on Supreme Court nominee? (updated)

First-term Representative Rod Blum received unflattering attention last week in Iowa and nationally for opining on social media that Washington, DC “needs a recession,” because various construction projects in the city are “Being built on the backs of US taxpayers.” Blum hasn’t backed down from those comments, despite intense criticism.

However, little-noticed remarks he made in his district over the weekend suggest that Blum wants to avoid political fallout from the ongoing controversy over the U.S. Supreme Court vacancy.

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Holding the Iowa Senate

Hope some Democrats will step up to run in these districts, especially against first-term Republican Dennis Guth in Senate district 4. He didn’t win by a huge margin in 2012. If Donald Trump at the top of the ticket causes a meltdown, Democrats could win some unexpected Iowa House and Senate races–but only where a candidate is on the ballot. -promoted by desmoinesdem

The general election is coming up in November. But before we get carried away with the 2016 presidential race, we need to examine our state politics. On March 18, a press release by Iowa Secretary of State Paul Pates noted that 7 of the 25 Iowa Senate races in the June primary have no Democratic candidate. Among these races is Iowa Senate District 4, made up of Emmet, Hancock, Kossuth, Winnebago, and Wright counties.

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IA-03: Mowrer campaign says internal poll shows big lead in Democratic primary

An internal poll conducted for Jim Mowrer’s campaign indicates that the Iraq War veteran “holds a commanding advantage over both of his opponents” seeking the Democratic nomination in Iowa’s third Congressional district. Some 36 percent of respondents would support Mowrer if the primary were today, according to the limited information released to Bleeding Heartland. Desmund Adams registered 17 percent support and Mike Sherzan 13 percent. After respondents heard “balanced messages on Mowrer and Sherzan, along with a slightly shorter message from Adams (to account for campaign funding discrepancies), […] Mowrer wins 50 percent of the vote to Sherzan’s 20 percent and Adams’ 18 percent.” I enclose below the one-page polling memo from the firm GBA Strategies.

Mowrer’s campaign declined to provide further findings from this survey or details from the questionnaire. I was most interested in the wording of the “balanced messages,” but no dice. (Perhaps Iowans who received this polling call will contact me to fill in the blanks.) Campaign manager Andrew Mulvey said the messages contained neutral biographical background, not negative information akin to another survey on the IA-03 Democratic race that was also in the field last week. Bleeding Heartland posted positive and negative messages from that poll here. Both Mulvey and Mowrer told me that their campaign did not commission the other survey, which Bernett Research Services conducted.

As mentioned in the GBA Strategies memo, the internal poll for Mowrer gave respondents less information about Adams because of “campaign funding discrepancies.” Year-end financial reports indicate that unlike the other two contenders, Adams will not have the funds for district-wide paid media before the June 7 primary.

Adams has been holding events around IA-03 since declaring his candidacy last July. Sherzan launched his campaign in December and is touring all sixteen counties in IA-03 this week. Mowrer joined the race in August and has attracted the most support from Democratic insiders and from organized labor. On March 24, his campaign announced endorsements from former Iowa Democratic Party chairs Roxanne Conlin and Scott Brennan. The same day, Mowrer unveiled constituency outreach chairs for veterans, women, Latinos, LGBT voters, and youth/students.

Any comments about the IA-03 campaign are welcome in this thread. Bleeding Heartland welcomes guest posts advocating for Adams, Mowrer, or Sherzan. Please read these guidelines before writing.

UPDATE: Added below a March 29 press release from the Adams campaign.

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Iowa county governments: Don't inconvenience us by protecting fundamental constitutional rights

The Iowa State Association of Counties has asked the Iowa Supreme Court to keep tens of thousands of citizens permanently disenfranchised so county auditors will have “a definition of infamous crime that can be easily discerned and quickly applied” as they administer elections.

In addition, the association representing county officials suggests auditors will be unable to provide “the orderly conduct of elections” if the high court does not abandon efforts to distinguish certain felonies from the “infamous crimes” that disqualify Iowans from voting under our state’s constitution.

The disturbing attempt by county governments to place administrative convenience above a fundamental constitutional right came in a “friend of the court” (amicus curiae) brief filed in connection with a case the Iowa Supreme Court will consider this week. Yet Polk County Auditor Jamie Fitzgerald, the chief elections officer in Iowa’s largest county, maintains that a new standard allowing some felons to vote would not be “an administrative burden any more than the myriad other provisions that county auditors and poll-workers must contend with.”

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Weekend open thread: Easter and Western caucus and primary edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Happy Easter to all who are celebrating. Usually this Christian holiday falls during the Jewish festival of Passover, which is still weeks away. Kimberly Donnelly explains,

Easter is the first Sunday after the first full moon after the spring equinox. Passover, on the other hand, begins on the first full moon of Nisan, the first month of the Jewish lunar-based calendar.

The Jewish lunar calendar occasionally adds a leap month rather than the leap day we add to our solar calendar every fourth year. Passover is late in 2016 because a second month of Adar was added before the month of Nisan (often written Nissan).

In past years I’ve posted Easter and Passover related links here and here. A false claim about a Cedar Rapids Gazette front page headline on Easter Sunday figured prominently in University of Iowa Professor Stephen Bloom‘s 2011 hatchet job on our state, which provoked strong reactions from many Iowans.

Bernie Sanders swept yesterday’s caucuses in Washington, Alaska, and Hawaii by wide margins. He also won the Utah and Idaho caucuses on March 22, while Hillary Clinton won the Arizona primary. The big story out of Arizona was disgraceful voter suppression, as officials reduced the number of polling places in the state’s largest county from 200 in 2012 to only 60 this year. That’s just 60 polling places for a county with a population much larger than Iowa’s. As Ari Berman explained, the long lines to vote in Arizona were a direct consequence of the U.S. Supreme Court majority “gutting” the Voting Rights Act in 2013.

Republicans didn’t hold any nominating contests this weekend. The GOP caucuses in Alaska and Hawaii happened earlier this month, and Washington Republicans will vote in a May primary. On March 22, Ted Cruz won caucuses in Utah and Idaho by huge margins. John Kasich came in second in Utah, knocking Donald Trump to third place in a state for the first time this year. However, Trump crushed the competition in the Arizona primary, grabbing all of that state’s delegates.

UPDATE: Forgot to mention that John Deeth’s speculation on what went wrong in Arizona is worth a read. A few excerpts are after the jump.

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Turtle Protection Bill passes and is signed by the governor

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

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