It’s been a while since Bleeding Heartland checked in on how Iowa’s four U.S. House members have been voting. After no House roll calls for more than two weeks, the second half of April has been unusually busy.

Follow me after the jump to see how Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) and Democrat Dave Loebsack (IA-02) voted on more than a dozen bills that reached the House floor this month, covering a range of economic, fiscal, and security issues.

Incidentally, I’m always intrigued by how rarely members of Congress comment on bills they vote for or against on the House floor. For instance, I didn’t see any press release from Blum, Loebsack, Young, or King about any of the legislation discussed below. Instead, members of Congress often play up bills they’ve introduced which have zero chance of becoming law. This month Blum has repeatedly publicized work on lost causes such as co-founding a caucus backing term limits for members of Congress, and introducing a lifetime ban on lobbying by members of Congress. Like Steve King’s attempted end-run around the U.S. Supreme Court on marriage equality, Blum’s posturing has more to do with image-making than legislating.  

A little Iowa House dustup surfaced in social media last week. Susan Staed, who clerks for her husband, Rep. Art Staed, reported on her Facebook page and on Bleeding Heartland about complaints from the chief clerk of the House that she was taking pictures from the House floor – in violation of a House rule.

Seems the House has a seldom-enforced rule that – while photos may be taken from the gallery or press box at virtually any time – they may not be taken from the House floor without permission of those in the photo, and never during a vote.

My, aren’t we sensitive.

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

Iowa’s own Representative Steve King (R, IA-04) grabbed national attention this week by introducing a bill to “prevent federal courts from hearing marriage cases,” thereby stopping the U.S. Supreme Court from “destroying traditional marriage.” After the jump I’ve posted King’s official statement about the “Restrain the Judges on Marriage Act” as well as the full text.

President Barack Obama would surely veto this bill, even if it quickly passed the U.S. House (unlikely) and Senate (less likely). So King’s effort looks like a publicity stunt to bolster his image as one of the leading culture warriors on the right.

Out of curiosity, I asked Drake Law School Professor Mark Kende, an expert on constitutional law, whether it would theoretically be possible for Congress to limit the Supreme Court’s authority to consider any case on marriage. According to Kende, the U.S. Constitution allows Congress to “make exceptions to the Supreme Court’s appellate jurisdiction.” Most Congressional efforts along these lines have failed to become law. However, a 19th-century precedent exists; in that case, Congress blocked the Supreme Court from ruling on an appeal in which justices had already heard oral arguments.

Whether King’s proposal would be constitutional is a more complicated question, Kende said. The Reconstruction-era law blocked a specific kind of appeal based on habeas corpus but did not bar the Supreme Court from ruling on all cases in that area of the law. The Constitution allows some leeway for “jurisdiction stripping” as a Congressional check on the judiciary, but that doesn’t necessarily mean citizens could be prevented from taking any case about their fundamental marriage rights to the Supreme Court.

In an alternate universe where Congress passed and the president signed King’s bill, the twelve federal appellate court rulings would be binding in their regions. Most federal court rulings on same-sex marriage bans have supported the principle of marriage equality. Only a divided 6th Circuit Court of Appeals upheld states’ ability to limit marriage rights to opposite-sex couples.

When I was a child, I hated getting my picture taken. An infamous family photo taken at an older sister’s wedding is of the entire family grouped together, grinning for the professional photographer – except 10-yr-old me. I have a scowl on my face big enough to scare away the Dalai Lama. Not sure how old I was before I quit hiding when mom or dad yelled, “Family picture time!”, but eventually I overcame the low self-esteem and painful shyness that dominated adolescence.

40 years later, it’s more than a little ironic that one of my duties as Art’s clerk is to photograph his legislative day. After winning re-election, Art decided to document the process involved in how our laws are made. This means a gazillion pictures of meetings with constituents one-on-one, pictures of group meetings, pics of sub-committees, full committees, and ultimately pictures of House debate.

Last week, after taking pictures of various representatives during floor debate on education, I returned to my seat next to Art’s. The Chief Clerk came out of the Well (rather unusual during floor action, but House Leadership told her not to wait), up to my desk and told me not to take pictures of individual reps unless I had their permission – per House Rules.

Longtime Republican Polk County Supervisor Robert Brownell apologized this week for calling Democratic State Senator Tony Bisignano names in an e-mail to seven Iowa House Republicans.

Such classless behavior is unbecoming an elected official, but Brownell’s faulty political analysis is perhaps more shocking. In the controversial e-mail, Brownell speculated that Republicans could retake the Iowa Senate majority in 2016 if State Senator Matt McCoy decides to run for Congress.

Sorry, no.  

The U.S. Senate finally confirmed Loretta Lynch as attorney general today, more than five months after President Barack Obama nominated her and nearly two months after the Senate Judiciary Committee forwarded her nomination. The confirmation vote was held up in part because of a dispute over abortion-related language in a separate human trafficking bill. Senate Democrats filibustered that bill several times in March. Compromise wording that allowed both sides to claim victory led to a unanimous vote to approve the trafficking bill yesterday.

Lynch has had more than 50 senators backing her confirmation for some time, but whether her nomination could get to a final vote on the floor was another question. This morning, twenty Republicans joined the entire Democratic caucus to approve cloture on Lynch’s nomination by 66 votes to 34 (roll call). As expected, Iowa’s Senators Chuck Grassley and Joni Ernst voted against the motion; they’ve been on record for weeks opposing the attorney general nominee. According to a report by Alexander Bolton of The Hill, Senate Majority Leader Mitch McConnell “worked quietly to round up more than 60 votes” for cloture in order to avoid “publicly validating” a rules change Democrats implemented in 2013, which allowed most presidential nominees to reach a floor vote with support from a simple majority of senators.

The Senate confirmed Lynch later today by 56 votes to 43 (roll call). The ten Republicans who supported her included four who are considered among the most vulnerable incumbents up for re-election in 2016. Grassley and Ernst voted no again. I enclose below Grassley’s floor statement explaining his opposition and Ernst’s official comment after the vote.

The three GOP presidential candidates now serving in the Senate–Rand Paul, Marco Rubio, and Ted Cruz–all voted against cloture on Lynch’s nomination. Paul and Rubio then voted against her confirmation, while Cruz was absent for that vote.

Iowans who advocate for people with disabilities have deep concerns about Governor Terry Branstad’s plan to privatize Medicaid, shifting most recipients into managed care. Iowa Senate President Pam Jochum, who has been caregiver to a daughter with developmental disabilities, has been warning for weeks that the reorganization of Medicaid is too hasty and needs oversight from state lawmakers. Last week she discussed potential problems in more detail, citing the Kansas experience with Medicaid privatization as a cautionary tale. After the jump I’ve posted the transcript from that press conference. Supporting documents are available here on how managed care has affected Kansans with disabilities.

Meanwhile, Disability Rights Iowa Executive Director Jane Hudson shared her take on the “empty promises” in Branstad’s plan for Medicaid. You can read the full text of her April 20 guest column for the Des Moines Register at the newspaper’s website or at Disability Rights Iowa. I’ve enclosed a few passages after the jump, but you should click through to read the whole piece. Nearly 20 advocacy groups for Iowans with disabilities or mental health challenges signed on to Hudson’s editorial; the full list is below.

Warmer weather and spring rains have caused woodland wildflowers to explode all over Iowa lately. This past week, I saw the first blossoms of sweet William (blue phlox), sweet cicely, and littleleaf crowfoot or buttercup.

I was fortunate to visit the Ledges State Park in Boone County recently with naturalist and photographer Eileen Miller. We saw carpet-like stands of spring beauty, bloodroot, and Dutchman’s breeches. Eileen also noticed a much less showy native plant, which I had never seen (or at least not been aware of seeing) outside books.

After the jump I enclose several pictures of pussytoes in bloom. The plants are native to most of North America. They are so unobtrusive that I would have walked right past them if Eileen had not pointed them out.

As a bonus, I included a photo of bloodroot and Dutchman’s breeches blooming together at the end of this post.

A Hancock County jury acquitted former State Representative Henry Rayhons today on a charge of 3rd Degree Sexual Abuse. Rayhons was accused of having sex with his incapacitated wife in an assisted living facility last May. Prosecutors had tried unsuccessfully to move the trial out of Rayhons’ home county, which he had represented for eighteen years in the Iowa House.

The jury deliberated for three days before reaching a not guilty verdict. During the trial, Rayhons denied that he had sex with his wife on the date in question. He had admitted to doing so when first interviewed by a state investigator, but during the trial he said that the investigator had been yelling at him and bullied him into the admission. His DNA was found on his wife’s clothing and bed sheets, but on the witness stand during the trial, Donna Rayhons’ former roommate testified that she could not be sure of hearing Rayhons having sex with his wife. The the defense argued that the defendant’s DNA “could have been left on his wife’s things from a previous sexual encounter, before Rayhons had been told by nursing home staff his wife was no longer able to consent to sex.” A nurse’s exam produced no proof of sexual intercourse on the date in question.

In closing arguments, Assistant Iowa Attorney General Susan Krisko tried to keep the jury focused on the specific events of this case rather than a “philosophical debate” on “whether or not someone with Alzheimer’s can have sex.” But Rayhons’ attorney warned jurors,

“It’s an unprecedented case. The decision that you make here will be debated, discussed, followed for years,” defense lawyer Joel Yunek said in his closing statement. He said a guilty verdict could make other spouses afraid to even visit a husband or wife with Alzheimer’s disease, for fear of being charged as a rapist if the partner with dementia grabbed them the way Rayhons says Donna Rayhons did to him.

Under those circumstances, I’m not surprised the jury acquitted. The defense was wise to frame the case in broad terms, since the trial was getting national attention. We can only hope that Krisko was wrong about an acquittal being tantamount to declaring “open season” on vulnerable people in nursing homes.

LATE UPDATE: In early May, juror Angela Nelson, posted her perspective on the case and why the jury acquitted. Worth clicking through to read the whole piece, but ultimately, forensic evidence was lacking to prove the prosecutor’s case. Nelson added that people “with Alzheimer’s are still human beings that have the same emotional needs we all have,” and “For the state of Iowa to try and legislate intimacy between a married couple is a very dark road to go down […].”

Iowa Workforce Development Director Beth Townsend is implementing key recommendations from the U.S. Department of Labor to resolve concerns about the previous agency director’s actions. Townsend’s actions provide a refreshing contrast to Teresa Wahlert’s management of Iowa Workforce Development, which sparked recurring controversy and not one, not two, but three lawsuits.

First-quarter financial reports are up for all U.S. House candidates at the Federal Election Commission’s notoriously user-unfriendly website.

The big news came from IA-01, where a newcomer to campaigning pulled in one of the biggest single-quarter hauls by a non-incumbent in Iowa history. To my knowledge, the only Iowa challenger who has raised more for a U.S. House race in one quarter than Ravi Patel just did was former First Lady Christie Vilsack in her 2012 marquee race against Representative Steve King. I believe that King is the only Iowa incumbent who has raised more than half a million dollars for a U.S. House race in one quarter; he did it twice during that re-election campaign against Vilsack in a redrawn IA-04.

Follow me after the jump for highlights on fundraising in all four Iowa districts. Bonus points if you can guess which former Iowa Congressional candidate is still carrying debt from two campaigns ago.  

Nearly a week after the deadline for school districts to certify their budgets for the coming year, Iowa lawmakers are still not close to a deal on K-12 education funding. Some 300 teachers have been laid off in anticipation of no increase or only a minimal increase in state aid.

Statehouse Republicans who are resisting the obvious compromise on school funding claim Iowa doesn’t have the money Democrats want to spend on K-12 schools, let alone the amount educators asked for. Reality: money could be found for an adequate increase in state aid to schools if not for an expensive commercial property tax cut lawmakers approved two years ago, adding some $277 million in fiscal year 2016 alone to other costly tax breaks for Iowa business interests.  

Last Tuesday morning, I woke up a lifelong Iowan, a working mom, a wife, a small business owner. By dinner, I was being portrayed by national – and international – media as a “fake” Iowan.

It has taken nearly a week for the reality of my unexpected cup of coffee with Hillary Clinton to sink in. As soon as she sat down, I realized how privileged I was to have her ear that morning. The experience, from start to now, has been surreal, to say the least.  

Annals of the absurd: Iowa’s longest-serving state legislator, who sought a ninth Senate term last year at the age of 80, is now beating the drum for term limits.

What a terrible idea, especially for a state whose governor already takes an expansive view of his own powers.  

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

I just caught up on some recent remarks by Iowa’s Republican National Committeewoman Tamara Scott. In addition to representing Iowa on the RNC, Scott lobbies the state legislature on behalf of Bob Vander Plaats’ FAMiLY Leader organization and leads the Iowa chapter of Concerned Women for America, an influential group on the religious right. She was speaking at the FAMiLY Leader’s southeast regional summit on April 9, an event four potential GOP presidential candidates attended. Scott used the Wiccan invocation that stirred controversy in the Iowa House to make a case for more public expressions of Christianity, including teaching the country’s dominant religion in public schools. (Scott has frequently advocated school prayer and alleged that various societal problems stem from removing Christian prayers from public schools during the 1970s.) Miranda Blue covered the FAMiLY Leader regional summit speech for Right Wing Watch; some excerpts are after the jump. For video of all speeches from the regional summit, click here.

I am continually struck by how clueless social conservatives are about the separation of church and state. Though Scott does not acknowledge this legal reality, the First Amendment to the U.S. Constitution prohibits the government from promoting any specific religious viewpoint. Every time a prominent Republican demands more government expressions and endorsements of Christianity, they are driving away Jews and probably members of other minority religious groups too, not to mention the growing number of Americans who do not identify with any religion.

In a fantastic column for the Cedar Rapids Gazette, Lynda Waddington offers her own Christian perspective on Scott’s prayer for a storm to disrupt the Wiccan invocation. I’ve enclosed excerpts below, but you should click through to read the whole piece. All I can say is, that Cabot witch sure demonstrated some amazing powers.

Administrators at Dowling Catholic High School in West Des Moines are considering students’ request to form “a non-religious LGBT support club.” The school made national news recently for withdrawing a contract offered to a teacher after administrators learned he was openly gay. After at least 150 students walked out of class to protest the hiring decision, a junior at the school who is gay started a petition seeking to form a club where all students “can feel supported and loved.” Initially school officials said they would discuss the request, and at this writing, they have not announced a decision. Gay-straight alliances exist in scores of Iowa public high schools, but to my knowledge, the only Catholic school in the state with such a club is Regina High School in Iowa City.

After the jump I’ve posted excerpts from Liam Jameson’s petition at Change.org and the full text of an e-mail Dowling Catholic President Jerry Deegan sent to parents on April 16. Any relevant comments are welcome in this thread.

On a related note, although I could not be more strongly pro-choice, I believe students at Hampton-Dumont High School in Franklin County, Iowa should be allowed to form a “Students for Life” club, as long as staff don’t promote the club and students are not required to attend.

Dave Swenson

Senator John Thune, from my home state of South Dakota, has a degree in business and an MBA.  He knows little of tax math, incidence, or outcomes from what I can tell. Like many mouthpieces on many topics, he doesn’t let facts get in the way of a heartfelt story, though.  And the best story the GOP has spun over the last decade or so is the tale of woe and intrigue associated with the dreaded federal estate tax, which they’ve disingenuously rebranded as the “death tax.”

Thune co-sponsored the just-passed House bill to eliminate the federal estate tax and at that time said:

For too long the federal government has forced grieving families to pay a tax on their loved one’s life savings that has been built from income already taxed when originally earned. Currently more than 70 percent of family businesses do not survive to the second generation, and 90 percent of family businesses do not survive to the third generation.

Without citing one example, Thune intimated that the federal estate tax was destroying or would destroy businesses and was terrorizing grieving survivors.

After a somewhat late start, many spring wildflowers are blooming now in central Iowa. If you walk in a wooded area over the next few days, you may see Virginia bluebells, spring beauty, toothwort, rue anemone, Dogtooth violets (also called trout lilies), or today’s featured native plant, Dutchman’s breeches. Thanks to the distinctive shape of the flowers, Dutchman’s breeches are among the easiest spring wildflowers to identify.

The arrival of spring also heralds the return of Harlan Ratcliff’s Central Iowa Butterfly Forecast, updated every two weeks at the Poweshiek Skipper site.

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

Changes to entitlement programs rarely attract strong bipartisan support, but on Tuesday the U.S. Senate approved a bill to change how Medicare sets reimbursement rates for doctors by 92 votes to 8 (roll call). All of the no votes came from Republicans, but Iowa Senators Chuck Grassley and Joni Ernst both supported the bill. Follow me after the jump for background and details.

U.S. Secretary of Agriculture Tom Vilsack plans to move back to Iowa after President Barack Obama’s term ends, according to Radio Iowa’s summary of his remarks on Iowa Public Television’s “Iowa Press” program. Vilsack has served in Obama’s cabinet from the beginning and said he’s not interested in continuing to lead the U.S. Department of Agriculture if Hillary Clinton is elected president in 2016. He wants to move back to Iowa and might teach at a university, but he doesn’t want to become the University of Iowa’s next president. O.Kay Henderson reports that Vilsack is open to running for office again someday.

“You know, you never want to say never,” Vilsack said. After disappointing losses in 2014, the Iowa Democratic Party is in the midst of a rebuilding process and Vilsack seems personally committed to the effort. “It’s going to require a lot of work and it’s going to require all hands on deck,” Vilsack says. “And it’s going to require making sure that we are competitive and getting the message out and working in all 99 counties.”

How many Iowa Democrats would like to travel back in time two years and talk Vilsack into running for Tom Harkin’s Senate seat? There’s no doubt in my mind that even in a Republican landslide year, Vilsack could have beaten Joni Ernst. If he agreed to take her on in 2020 (a potentially tougher race because Ernst will be the incumbent), Vilsack would be nearly 70 years old.

Governor Terry Branstad came back to his old job after twelve years–would Vilsack run for governor in 2018? He would be well positioned beat Kim Reynolds or Bill Northey (who appear to be the two most likely GOP nominees), but I don’t see Vilsack going back to that job.

If Representative David Young wins re-election to Iowa’s third Congressional district in 2016, some Democrats would probaby try to recruit Vilsack to run against him in 2018. But a U.S. House seat in the minority caucus probably wouldn’t sound appealing. My best guess is that Iowans will not see Tom Vilsack’s name on a ballot again. What do you think, Bleeding Heartland readers?