This morning the Iowa Supreme Court unanimously dismissed a lawsuit brought by Democratic state lawmakers and a public employee union leader to challenge the closure of the Iowa Juvenile Home without legislative input in the middle of the 2014 fiscal year. The seven justices reversed a Polk County District Court ruling from February 2014, which had ordered the Branstad administration to reopen the home.

The full text of Justice Edward Mansfield’s decision is available here (pdf). Follow me after the jump for key points and excerpts. The central factor in the ruling was the Iowa legislature’s failure to appropriate funds to operate the Iowa Juvenile Home for the 2015 fiscal year.

Today’s news is a classic example of elections having consequences. Had Democrats recaptured the Iowa House majority in 2012, which could easily have happened with better allocation of resources, lawmakers in both chambers would have funded the home for girls during the 2014 legislative session. That in turn would have prompted the Iowa Supreme Court to view the lawsuit over the juvenile home closure differently.

The latest “Civic Skinny” column in the Des Moines-based weekly Cityview explores an angle that hadn’t occurred to me when I read Jason Noble’s excellent recent reports about “ongoing financial struggles” for the Central Iowa Expo facility in Boone.

Noble documented “red flags” surrounding the initial business plan for the facility, which received substantial aid from Boone County and a $5 million federal loan guarantee. U.S. Department of Agriculture officials “felt pressure to approve” the loan guarantee and agreed thanks to “assurances by expo officials of substantial fundraising by two of the most powerful men in Iowa: once and future Iowa Gov. Terry Branstad and Republican super-lawyer Doug Gross.”

Civic Skinny took a closer look at Branstad’s fundraising for the Boone venue.  

The August straw poll is traditionally the most-watched “cattle call” before the Iowa Republican caucuses and an important state GOP fundraiser.

Responding to criticism of past straw polls, the Republican Party of Iowa revamped this year’s plans, hoping to encourage broad participation. However, signs point to most of the top-tier presidential candidates opting out.

Pat Rynard broke an interesting story today at Iowa Starting Line: a super-PAC is being created to support Ravi Patel’s campaign in Iowa’s first Congressional district. Patel is one of three declared Democratic candidates seeking to challenge Representative Rod Blum. He has already raised a shocking amount of money for a first-time candidate–more than half a million dollars by the end of March. That haul included funds from some 80 people who maxed out to Patel’s campaign for the general election as well as for the primary. Congressional campaigns can’t spend more than $2,700 from any individual donor before the 2016 primary, but a super-PAC could collect and spend as much as anyone wants to donate, anytime.

Rynard quotes Patel adviser Norm Sterzenbach (a former executive director of the Iowa Democratic Party) as saying, “There is already one Super PAC operating in this race. EMILY’s List came out early with their support of Monica Vernon and we fully expect them to run a considerable independent campaign on her behalf.” Yes and no.

EMILY’s List did endorse Vernon early. Technically, that group is a regular political action committee, not a super-PAC. The Women Vote! super-PAC is associated with EMILY’s List, and it spent quite a bit of money during the last election cycle, but mostly not on expenditures for women in competitive Democratic primaries for U.S. House seats. It remains to be seen how much money EMILY’s List will put behind Vernon; I would guess not nearly as much as a super-PAC would spend for Patel or against his rivals. EMILY’s List gave $10,000 directly to Staci Appel’s 2014 campaign in IA-03 and bundled another $233,283 in contributions to Appel, who had no competition in her primary.

Any relevant comments are welcome in this thread. P.S.- If Rynard’s sources are correct, Jeff Link will lead the super-PAC for Patel.  

This week’s featured wildflower is among several meadow rue species that are native to Iowa. Early meadow rue (Thalictrum dioicum) is a smaller plant that blooms earlier in the year than Purple meadow rue or Waxy meadow rue. Early meadow rue typically grows “in open woods and wood edges in sandy to loamy soil. It is quite shade tolerant (no full sun) and survives in moist to dry conditions.”

The meadow rues have male and female flowers, which look quite different and bloom on separate plants. As with the purple meadow rue Bleeding Heartland featured last summer, I was only able to capture the male flowers of early meadow rue in the photos enclosed below. The Minnesota Wildflowers and Eloise Butler Wildflower Garden websites include close-up shots of the female flowers.

I’ve also enclosed below some pictures of a “mystery” plant I found in a neighbor’s yard in Windsor Heights. The leaves and flower clusters look like early meadow rue, but the blossoms didn’t resemble either the male or female flowers. I hope some Bleeding Heartland reader who is more knowledgable about native plants will be able to identify the species.

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

As the Iowa Legislative Session comes to a close (or maybe not…) – one of Governor Branstad's top priorities is struggling to stay alive.  Bullying prevention efforts have gained bipartisan support over the last few years as leaders from both parties have heard the demands of their constituents for more work to be done protecting Iowa's kids.  Let's take a look at this year's bullying bill and what happened to a policy item that every major education organization and several other leaders in school issues supported.  

So you want to run for political office?

I’m going to assume that you’re sincere in your professed desire to Make A Difference, and that you truly believe you can Do Better Than the Other Guy/Gal. You seem knowledgeable and eager to get to work. Still, I have some questions for you.

Blogger’s lament: let’s say you have a post in progress about a Republican carving out a promising niche in a crowded presidential field. He’s talking about highly salient issues for non-wealthy Americans, in a way that will distinguish him from most of his rivals. Not only do those policies relate to the well-being of many voters, they also allow the candidate to position himself against “elite” GOP strategists and other establishment figures hated by the party’s conservative base.

Then the guy does the stupidest thing you could imagine.

With one Facebook status update on Friday, Mike Huckabee may have wiped out any chance of broadening his appeal through the smart decision to focus his early campaign rhetoric on Social Security and trade.

What’s on your mind this holiday weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. For Memorial Day-related links, click here or here.

My social media feeds have been blowing up with comments about the Josh Duggar molestation allegations. The story has evoked strong emotions in many women, whether or not they’ve ever watched Duggar-themed reality tv. Sad to say, my friends who grew up in conservative Christian patriarchal households were not surprised by what Duggar allegedly did as a teenager. Some have shared appalling accounts of how girls and women are socialized to tolerate abuse or blame themselves later. After the jump I’ve enclosed a horrific document on “Counseling Sexual Abuse,” produced by the Institute in Basic Life Principles and used for many years by the Advanced Training Institute. The Recovering Grace website analyzes the document’s “victim-blaming” and “callous dismissal of abuse survivors’ pain” point by point. I am heartbroken for any woman who received that message in so-called “counseling.”

Former Arkansas Governor and current presidential candidate Mike Huckabee posted on Facebook an unbelievable defense of the Duggar family’s conduct. Bleeding Heartland will have more to say on that in a future post. For now, I want to call attention to Huckabee’s assertion that “He and his family dealt with it and were honest and open about it with the victims and the authorities.” Based on what we know now, the Duggar parents neither reported the alleged abuse promptly nor got professional therapy for their son or daughters. Local authorities destroyed the old police records of the case, so we may never know the whole story.

Final note, since Memorial Day weekend is the unofficial start to summer: it’s worth re-reading Mario Vittone’s reminder that “drowning doesn’t look like drowning.”

The Iowa legislature’s 2015 session drags on amid unresolved conflict over various budget issues, especially K-12 school funding. But one aspect of the lawmakers’ work is complete for this year. The Democratic-controlled Iowa Senate has confirmed all but one of Governor Terry Branstad’s more than 200 nominees. The overwhelming majority of those votes were unanimous or nearly so.

In recent years, senators have voted against confirming one or two Branstad nominees. This year no nomination failed on the Iowa Senate floor, and only one department head was ever in real danger of not being confirmed to do his job: Department of Human Services Director Chuck Palmer.

Branstad has occasionally withdrawn nominees who didn’t have support from the necessary two-thirds majority in the Iowa Senate. This year the governor didn’t need to exercise that power, although he sidestepped a near-certain rejection by accepting Teresa Wahlert’s resignation in January, rather than reappointing her to run Iowa Workforce Development. In addition, Iowa Law Enforcement Academy Director Arlen Ciechanowski recently announced plans to retire, tacitly acknowledging the votes weren’t there to confirm him.

Follow me after the jump for background on the controversies surrounding Palmer and Ciechanowski and details on Palmer’s confirmation vote–the closest call by far for any Branstad appointee this year.

Iowans who venture to wooded areas this Memorial Day weekend will likely see many mid-spring wildflowers. Wild geranium and Virginia waterleaf are still going strong in my corner of the world, and you may find False rue anemone, May apples (umbrella plants) or Columbines in bloom. This week I saw the first flowers on black raspberry plants. If you see those, check back in late June or early July to pick the berries (technically, compound drupes). Wear jeans to avoid getting torn to pieces by the thorns.

This week’s featured wildflower was new to me on a recent visit to Dolliver Memorial State Park in Webster County. Bishop’s cap (Mitella diphylla) is native to much of the U.S. east of the Missouri River. It’s not a show-stopper, but some consider its “small delicate flowers […] very attractive and fairy-like.” As a bonus, I’ve also enclosed below a few pictures of liverwort, a non-flowering plant that thrives in damp and rocky habitats, as does Bishop’s cap. Liverworts are “the simplest true plants,” so ancient that they predate ferns and mosses as well as plants producing flowers and seeds.

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

Final note: I saw what looked like a heavily pregnant doe the other day, which reminded me of the Iowa Department of Natural Resources’ good advice to “leave wildlife babies in the wild,” rather than attempting to rescue animals you may assume to have been abandoned. Deer are among the mammals that sometimes leave young offspring for a while. The mother is usually nearby.

Iowa policy wonks have every reason to be discouraged lately about the frozen-in-place, do-little state legislative session. Looking on the bright side, a fantastic new resource on state administrative rules appeared this week.

The Office of the Chief Information Officer launched the Iowa Administrative Rules website on Monday. The site is easy to navigate. A FAQ page explains the basics about the rulemaking process and public comments. Rules currently open for comment are right there on the front page. Clicking on any specific rule brings up the full text, contact information for the relevant state agency, details on upcoming public hearings, and the closing date for comments on the proposal. This website should make it easier for politically-engaged Iowans to understand and participate in making state regulations. It’s a good companion to the Iowa legislature’s official website, which is user-friendly and updated frequently (though it could be more readable).

I had to laugh at a few comments in the press release announcing the new website, enclosed after the jump. Governor Terry Branstad couldn’t resist taking a swipe at “burdensome rules” and “overregulation,” a bugaboo for him. Meanwhile, Lieutenant Governor Kim Reynolds (yes, the relentless branding of Branstad-Reynolds as a single unit continues) pegged the website launch to other “transparency” measures, including visiting all 99 Iowa counties every year.

I strongly disagree with the governor’s general view that business groups need more power over state regulations. The new process Branstad created has allowed a small but powerful group of business owners to torpedo a rule protecting the public interest in preserving topsoil and clean water. Branstad also intervened to undermine an electrical inspections rule designed to prevent fires in farm buildings. That said, the Iowa Administrative Rules website was a great idea, well-executed. Whoever developed the site for the Office of the Chief Information Officer deserves credit.

Catching up on Iowa Congressional news, on May 15 the U.S. House approved a $612 billion Defense Authorization bill for fiscal year 2016 by 269 votes to 151 (roll call). Not surprisingly, all four Iowans supported the bill on final passage. Votes on several amendments were the most interesting part of the process, as was the case during House debate of the first two spending bills to clear the lower chamber this year.

Follow me after the jump for details on last week’s defense-related votes by Iowa Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04), and Democrat Dave Loebsack (IA-02). Notably, King and his allies removed language that would have allowed military service by some undocumented immigrants who were brought to this country as children. The House approved some other amendments by voice vote; click here for brief descriptions.

Former state lawmaker Ed Fallon is in police custody tonight after he refused to leave Governor Terry Branstad’s office at the close of business today. Fallon went to the governor’s office this afternoon demanding a meeting to discuss “eminent domain legislation that would help landowners along the path of the Bakken Oil Pipeline.” More details are in a press release I’ve enclosed after the jump. Branstad’s legal counsel Michael Bousselot came out to talk with Fallon, who insisted on a meeting or phone conversation with the governor himself. Brianne Pfannenstiel reported for the Des Moines Register,

When the statehouse closed at 5 p.m., Iowa State Patrol troopers approached Fallon and asked if he would be willing to leave, or be arrested for criminal trespassing. Fallon declined to leave, so he was escorted out of the building and arrested outside.

A supporter posted on Facebook this evening that Fallon has a “jail support team attending to all his needs” and “will probably be released sometime tomorrow.” When Fallon served in the Iowa House from 1995 through the 2006 session, land use issues were a focal point of his legislative efforts. During and since that time, Fallon has opposed various proposals to use eminent domain to seize farmland for use in for-profit ventures. Earlier this year, he walked from the southeast corner of Iowa to the northeast corner along the proposed pipeline route to raise awareness and mobilize landowners and others who oppose the project. The No Bakken website and Facebook page represent a coalition of some two dozen non-profit groups that oppose the project.

The eminent domain bill Fallon wants Branstad to support is Senate File 506 (previously Senate Study Bill 1276), which passed the Iowa Senate Government Oversight Committee on May 6 with support from Democratic State Senators Rob Hogg, Brian Schoenjahn, and Kevin Kinney, and Republican Jack Whitver. Branstad warned state lawmakers in January not to “get politics into this” debate over the pipeline. The governor wants to leave the decision to the Iowa Utilities Board, which is considered likely to approve the pipeline. The Sierra Club Iowa chapter plans to fight the project before every state and federal agency that would be involved.

UPDATE: Fallon was released from jail the same evening he was arrested. In a press release I’ve posted below, he says he’s due in court on May 27 and hasn’t decided “what legal route to take yet.”

The FCC’s landmark decision in February to protect net neutrality was widely heralded as a victory for most Internet users. The Federal Communications Commission even committed to making America’s broadband networks fast, fair, and open. However, as more information became available, it became clear that the FCC’s decision to reclassify the Internet as a depression-era utility would make it anything but fair.

Title II was developed for old communication devices, like telephone networks in the 1930s. This regulatory classification is more than 80 years old, and was never intended for the fast-moving, innovative world of Internet and app infrastructure. Title II will re-classify the Internet as a utility, and increase state and local fees for Internet access. Infrastructure issues, when left to Congress to update, become a part of a slower-moving, bureaucratic structure. Upgrades to the Internet happen much faster than upgrades to roads and bridges; it does not make sense to regulate them the same way.

Instead of making sure that the Internet remained open for all, the FCC’s decision ensured that low-income and underserved Americans will pay higher rates, making the Internet less accessible. Dozens of groups have spoken out about how Title II regulation will be harmful for small businesses, particularly those owned by minority groups. When chambers of commerce and unions agree that something is harmful, it is generally a good sign that it is time to re-think.

Representatives Blum, Loebsack, Young, and King should follow the lead of the diverse coalition that has spoken out against Title II regulation – including the Communications Workers of America, the NAACP, the National Association of Manufacturers, the National Black Chamber of Commerce, the United State Hispanic Chamber of Commerce, the US Chamber of Commerce, the National Urban League, the National Gay and Lesbian Chamber of Commerce, and dozens more – to draft bipartisan legislation that protects all Internet users from high fees and keeps the Internet truly open.  

All four Iowans voted for a bill that overwhelmingly passed the U.S. House on May 14, which would allow Congress to weigh in on any deal the Obama administration may strike with Iran. Cristina Marcos reported for The Hill,

The carefully negotiated bill, which President Obama is expected to sign, gives Congress the power to approve or disapprove of a nuclear agreement with Iran during a 30-day period when economic sanctions could not be lifted.

Should the House and Senate vote to disapprove of the deal, and then override a likely Obama veto, the administration would be barred from waiving some economic sanctions on Iran as part of international accord.

I haven’t seen any comments on this bill from Iowa Democrat Dave Loebsack (IA-02) or from Republicans Rod Blum (IA-01), David Young (IA-03, or Steve King (IA-03). Senators Chuck Grassley and Joni Ernst both voted for the bill on the Senate floor earlier this month. Critics including Senator Ted Cruz have said the compromise would allow an Iran deal to go forward even if only a minority in Congress agree.

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

According to Gallup’s latest well-being survey of people in the 100 largest U.S. metro areas, residents of the Des Moines metro area “are the most likely to say they are proud of their community,” with some 76.5 percent of central Iowa respondents agreeing or strongly agreeing with a statement about community pride. Gallup’s write-up noted a correlation between that sentiment and feeling “safe and secure.” A remarkable 85.7 percent of Des Moines area respondents said they “always feel safe and secure,” a higher level than in any other metro area Gallup surveyed.

Washington Post reporter Philip Bump speculated, “The two proudest cities are in Iowa and S.C., because people love being fawned over by politicians.” I really don’t think so.

In the past few years, at least three dozen lists measuring quality of life or economic factors have put the Des Moines area in the top five or ten communities nationwide. Former Talking Heads frontman David Byrne has raved about some of the amenities our metro has to offer. Having lived in a couple of great American cities and a couple of great European cities, I moved back to the Des Moines area for the long haul. Although I am way more politically engaged than the average person, I wouldn’t factor presidential candidate visits into a decision on where to raise my children.

Speaking of being fawned over by politicians, eleven declared or potential contenders for the presidency spoke at the Iowa GOP’s Lincoln Dinner last night. Three declared candidates missed the event (former Arkansas Governor Mike Huckabee and Senators Marco Rubio and Ted Cruz), as did at least a couple of others who are considering the presidential race (Ohio Governor John Kasich and New Jersey Governor Chris Christie). A dozen or more candidates will likely crowd the stage at GOP primary debates. My thoughts about the Lincoln Dinner speakers are coming in a future post. Philip Rucker and Jenna Johnson wrote a good piece for the Washington Post on Republican insiders’ growing anxiety about their large presidential field. Their sources included a heavyweight hated by many Iowa conservatives:

We’re in a danger zone,” said Doug Gross, a top Republican establishment figure in Iowa. “When the party poobahs put this process together, they thought they could telescope this to get us a nominee who could appeal to a broad cross-section of people. What we’ve got instead is a confederation of a lot of candidates who aren’t standing out – and in order to stand out, you need to scream the loudest.”

Speaking of people who stand out by screaming loudly, Representative Steve King posted a picture of himself yesterday with Dick and Betty Odgaard, who (in his words) were “targeted by LGBT activists/litigated out of 1man/1woman wedding business.” False. Here’s what really happened after the Odgaards refused to let a gay couple rent the Görtz Haus in Grimes for a wedding.  

An important Congressional vote went unreported in the Des Moines Register this week, despite two lead editorials in the paper within the past month urging Congress to act on that very issue.

The disconnect provides a good example of a problem I flagged in this post about the Des Moines Register’s political coverage. Ever since the Register closed its Washington bureau, Iowans are less likely to know what our representatives in Congress are doing on our behalf.  

The Iowa Insurance Division announced today that “seven companies have applied to offer Iowans health insurance through the federal health insurance marketplace” for 2016. This year, Coventry was the sole provider selling through the exchange, following the collapse of CoOportunity Health. Although Iowa’s dominant insurance provider, Wellmark Blue Cross/Blue Shield, is staying off the exchange for another year, Coventry and Minnesota-based Medica want to sell individual plans statewide, and United Healthcare wants to sell in 76 of Iowa’s 99 counties. The Iowa Insurance Division’s full news release is after the jump. Click here (pdf) for a list of counties where each company has applied to offer coverage through the exchange.

Increased competition will not only give roughly 45,000 Iowans more options for health insurance coverage, possibly at lower cost, but will also remove the threat that Iowans could lose access to federal subsidies for lack of a provider willing to sell through our state’s partnership exchange.

Iowans could still lose access to the subsidies many need to make health insurance affordable, depending on how the U.S. Supreme Court rules in the King v Burwell case. An act of Congress could easily address a ruling that invalidated subsidies for Americans who purchase insurance through the federal website, and lawmakers have floated several ideas. But key Republicans don’t want to pass any “fix” to the hated 2010 health care reform law.

Yesterday the U.S. House approved the USA Freedom Act, which revises some provisions of the 2001 Patriot Act and extends them until December 2019. The Patriot Act is set to expire on June 1 without Congressional action. The main changes in the bill concern bulk data collection and domestic surveillance by the National Security Agency. Groups advocating for civil liberties are seeking more changes to the USA Freedom Act following a recent federal appeals court ruling, which “determined that the NSA’s telephone records program went far beyond what Congress authorized when it passed Section 215 of the Patriot Act in 2001.”

Proponents argue that the USA Freedom Act strikes a reasonable compromise between security and privacy. The overwhelming majority of House members agreed, as the bill passed by 338 votes to 88 (roll call). Representative David Young (IA-03) was among the 196 Republicans who voted yes, while Representative Dave Loebsack (IA-02) was among the 142 Democratic supporters.

Forty-one Democrats and 47 Republicans, including Iowa’s Steve King (IA-04) and Rod Blum (IA-01), opposed the USA Freedom Act. In a statement I’ve enclosed in full below, King warned that the bill amounted to “data disarmament,” with too little weight given to “the investigative value” of information gathered through bulk collection techniques, or how to protect “the vital data we need for national security.”

In a Twitter post yesterday, Blum said he voted against the bill “because it continues the violation of the 4th Amendment rights of American citizens.” In a Facebook post, Blum added, ” Protecting your constitutional right to privacy is one of my top priorities, and I will continue to stand strong for the Fourth Amendment in Congress. I think America can be secure WITHOUT sacrificing our civil liberties.” I am seeking a more extensive comment and will update this post if I receive one. Blum has long aligned himself with the Iowa GOP’s “Liberty” wing.