Weekend open thread, with Iowa medical marijuana links

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

Among the new Iowa laws that took effect at the beginning of the current fiscal year on July 1, the act legalizing the use of cannabis oil for certain seizure disorders drew the most media attention. Senate File 2360 (full text) passed the Iowa House and Senate during the final hours of the 2014 legislative session. This week the Iowa Department of Public Health released draft rules on how Iowans can gain legal access to this drug derivative for medical purposes. This page on the Iowa DPH website contains details on how to obtain a “Cannabidiol Registration Card.” Eligible Iowans will be able to pick up cards through their county’s Iowa Department of Transportation office, because DOT offices are more accessible for many people.

During negotiations with Iowa House Republican leaders and staff from Governor Terry Branstad’s office, the scope of Senate File 2360 was narrowed to cover only the use of cannabis oil (not marijuana in any smokeable form), and only for seizure disorders, meaning that roughly a few hundred Iowa families will benefit from the new law. But a criminal trial verdict that made headlines this week may spur future efforts to help the thousands of Iowans who seek to use marijuana to treat chronic or terminal health conditions. A Scott County jury convicted Benton Mackenzie, along with his wife and son, of drug charges for growing marijuana plants. Mackenzie’s elderly parents are due to stand trial soon for allowing the plants to be grown on their property. The presiding judge didn’t allow Mackenzie’s attorneys to tell jurors he was growing the drugs to treat a rare cancer, because medical marijuana is not legal in Iowa.

Quad-City Times reporter Brian Wellner covered the Mackenzie case and discussed it on Iowa Public Radio this week. After the jump I’ve posted excerpts from a few news reports on the verdict. I agree completely with State Senator Joe Bolkcom, the leading advocate for medical marijuana in Iowa, who called the decision to prosecute Mackenzie and his family members a “waste of taxpayer money.”  

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Iowa Supreme Court rejects Farm Bureau's effort to nullify clean water rules (updated)

In a 4-3 split decision, the Iowa Supreme Court affirmed today a Polk County District Court ruling that dismissed a lawsuit seeking to nullify new state water quality rules.

The environmental community and groups representing big agribusiness have closely watched this case for years, because the “antidegradation” rules are an important step toward bringing Iowa into compliance with the federal Clean Water Act. Had this lawsuit succeeded, no strong water quality rules would have seen the light of day for the forseeable future in Iowa, because Governor Terry Branstad has packed the State Environmental Protection Commission with advocates for agribusiness.

Follow me after the jump for more background on the case and details about today’s decision.

UPDATE: Added reaction from the Iowa Farm Bureau and the Iowa Environmental Council below. If there’s a more hypocritical statewide organization than the Farm Bureau, I can’t think what it could be.

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All four Iowa Congressional districts to be targeted races in 2014

All four Iowa Congressional districts are being targeted by at least one of the major-party committees focused on U.S. House races. This week the National Republican Congressional Committee moved three Iowa candidates to the top tier of its “Young Guns” program: Rod Blum (IA-01), Mariannette Miller-Meeks (IA-02), and David Young (IA-03). The Democratic Congressional Campaign Committee moved IA-03 nominee Staci Appel to the top tier of the “Red to Blue” program in March and elevated Pat Murphy (IA-01) and Jim Mowrer (IA-04) to that status shortly after the June 3 primary.

So far the DCCC does not appear concerned about four-term Representative Dave Loebsack’s race against Miller-Meeks, whom he defeated by a large margin in 2008 and a narrow margin in 2010. In contrast to the last election cycle, Loebsack has not been added to this year’s “Frontline” program for vulnerable Democratic incumbents.

Likewise, the NRCC has not put six-term incumbent Steve King in its “Patriot” program for vulnerable Republican House members, despite the fact that Mowrer has out-raised King for the last three fundraising quarters.

Not every candidate named to the “Young Guns” or “Red to Blue” program will receive the same level of financial assistance. I expect the DCCC and NRCC to spend more money in IA-03, generally considered the only “tossup” race in Iowa, than in the other three districts combined.

Any comments about this year’s Iowa Congressional races are welcome in this thread. After the jump I’ve posted the latest voter registration totals for all four districts. Those numbers explain in part why various forecasters have categorized the seats in IA-01 and IA-02 as leaning or likely Democratic, while Republicans are favored to hold IA-04.

Next week, federal candidates must file financial reports for the second quarter. I’ll be particularly interested to see how much Murphy, Young, and Miller-Meeks were able to raise between the June 3 primary and the end of the quarter. Although Young had to spend heavily and loan his own campaign $250,000 to get through the GOP primary, I expect his connections to Senator Chuck Grassley’s network and multitudes of career lobbyists and Congressional staffers will allow him to keep pace with Appel, who has raised a lot of money and didn’t have to spend much in her uncontested Democratic primary. I’m skeptical that Blum will be able to match Murphy in IA-01, even though Murphy wasn’t the strongest fundraiser in the Democratic field there. I also wonder whether we’ll see signs of King taking Mowrer’s challenge more seriously than he has up to now.  

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Iowa wildflower Wednesday: White avens and black raspberries

This week, Bleeding Heartland features two native plants that are hallmarks of early summer in Iowa woodlands. Both are members of the rose family, and both are frequently found along woodland edges, stream banks or fence rows. They prefer dappled sunlight rather than full sun or deep shade.

Follow me after the jump for pictures of white avens and black raspberries. The white avens are blooming all over the place now. Raspberry shrubs flower in the late spring but produce their ripened fruit around late June or early July.

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

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Report highlights immigrants' impact on Iowa economy

A detailed analysis by the Iowa Policy Project shows that immigrants contribute substantially “to Iowa’s economy both as workers and employers,” and could contribute more “if immigration reform were to make work authorization or a path to citizenship possible” for some undocumented Iowa residents. You can read the full report by Heather Gibney and Peter Fisher here (pdf). I’ve enclosed excerpts from the executive summary after the jump.

One key finding is that contrary to the image fostered by some politicians, undocumented immigrants are not a drain on state or federal budgets. They generate significant revenue for public assistance programs, from which they cannot benefit. Representative Steve King (R, IA-04) is notorious for his demagoguery against “illegals,” but sadly many other Iowa Republican elected officials, including Governor Terry Branstad, have promoted myths about undocumented immigrants taking state benefits.

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Iowa Supreme Court's first landmark ruling is 175 years old

While checking for new Iowa Supreme Court rulings, I saw on the court’s official website that July 4 marked an important anniversary in Iowa judicial history. On that date in 1839, the territorial high court handed down its first ruling, which is still one of its most noteworthy opinions. “In the Matter of Ralph,” the Iowa Supreme Court ruled that a slave-owner from Missouri could not enforce a contract that would have required his former slave Ralph to return from Iowa to servitude. Writing for the court, Chief Justice Charles Mason acknowledged Ralph’s monetary debt but held that “no man in this territory can be reduced to slavery”

and that Montgomery had lost his right over Ralph in Iowa. The justices wrote, “When, in seeking to accomplish his object, he illegally restrains a human being of his liberty, it is proper that the laws, which should extend equal protection to men of all colors and conditions, should exert their remedial interposition. We think, therefore, that [Ralph] should be discharged from all custody and constraint, and be permitted to go free while he remains under the protection of our laws.”

The Iowa Supreme Court’s current Chief Justice Mark Cady has hailed the importance of that ruling, which “declared equality for all people, regardless of skin color, in a very powerful way.”

Amazingly, just 53 years ago today, civil rights activist John Lewis (now a member of Congress from Georgia) was released from prison after being jailed for more than a month. His “crime” had been to use a “white” restroom in the state of Mississippi.  

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Will Steve Bierfeldt ever work in Iowa Republican politics again?

The Republican Party of Iowa’s former executive director Steve Bierfeldt is not helping new leaders gain access to “the party’s social media accounts, email lists, voter rolls email accounts, donor lists and even online access to the bank account.” On July 4, the Des Moines Register’s Jennifer Jacobs highlighted the lack of new posts on the Iowa GOP’s official website and Facebook and Twitter accounts. I had noticed the party’s lack of activity on social media but did not imagine new leaders were literally locked out. At this writing, the Iowa GOP twitter account is back in service, but the most recent Facebook post is still dated June 13.

The party’s new executive director, Chad Olsen, repeatedly asked Bierfeldt for help with passwords in e-mails quoted by Jacobs. This morning, the conservative blog Caffeinated Thoughts quoted Olsen as saying, “We are making progress on our own, directly with individual companies, which can be a slow and deliberate process.  The previous executive director (Steve Bierfeldt) still has not provided any additional information….”

Bierfeldt joined the Iowa GOP’s staff shortly after Ron Paul loyalists gained most party leadership positions in 2012. He agreed in May of this year to resign effective June 14, when the Iowa GOP’s new State Central Committee would take control. One of Iowa’s representatives on the Republican National Committee, Tamara Scott, hinted during a contentious State Central Committee meeting on June 28 that ousted state party chair Danny Carroll was working on a “peaceable and professional” exit strategy for Bierfeldt, “something you want when your E.D. has your passwords, your files and your database and is the architect of your upcoming state convention.” Bierfeldt apparently told Olsen last week that “he’d been told to delete all of the Iowa GOP files on his computer, so he no longer had the spreadsheet with all the passwords.”

I’ve been downsized, so I empathize with feeling frustrated after losing a good job. But to sabotage your successor’s work is incredibly immature and unprofessional. Bierfeldt should not be able to get another political or campaign job after this episode. Nevertheless, my money’s on someone bringing him on board with the Rand Paul presidential campaign, or perhaps some PAC affiliated with Paul or the “Liberty” movement.

UPDATE: Added more details below. The longer this drags on, the worse Bierfeldt looks.

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Comparing the Iowa Democratic and Republican early GOTV

Officially, early voting begins in Iowa 40 days before the general election (September 25 this year). The Iowa Democratic Party has been sending field organizers and volunteers out to do voter contacts for weeks, and didn’t even take a break for the holiday weekend.

Concern over the Democrats’ head start on GOTV was one factor behind the recent change in Iowa GOP leadership. New state party chair Jeff Kaufmann has promised to build a strong field organization in time for the midterm election. Fortunately for him, a dark money group associated with the Koch brothers is already ramping up its voter contacts in Iowa.

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IA-03: Brad Zaun head fakes on possible independent candidacy

State Senator Brad Zaun got Iowa political junkies chattering this holiday weekend with a July 4 Facebook update:

As we celebrate Independence Day there is [sic] several of my friends that [sic] are encouraging me to switch to an Independent. What do you think? Very frustrated as Republicans lost their way!

Zaun’s frustration is understandable, because he won a plurality of votes in the June 3 Republican primary, only to see the GOP convention delegates hand the nomination to the guy who finished fifth.

Still, I don’t believe for one minute that he will file to run for Congress as an independent, nor do I believe that he will leave the Iowa Senate GOP caucus to become the state legislature’s only independent lawmaker.

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July 4 weekend open thread: Iowa fireworks debate

Happy Independence Day to the Bleeding Heartland community. We’re heading out to the Windsor Heights parade soon. Holiday parades and summer festivals are great outreach opportunities for candidates and their campaigns. Please share any favorite parade stories in this thread.

Last weekend Democratic State Senator Jeff Danielson and Republican State Senator Jake Chapman co-authored an editorial promising to work together next year to legalize fireworks in Iowa.

Senate File 2294 had several provisions that would allow fireworks to be safely regulated. Those stipulations would include prohibiting minors from purchasing fireworks, giving local municipalities the ability to restrict fireworks and the fire marshal the ability to regulate fireworks in the case of droughts.

The fireworks ban originally was a result of a Depression-era fire created by a sparkler in the middle of a drought when temperatures were nearing 100 degrees.

There also are misnomers and myths surrounding the fireworks-related injuries. In fact, the number of fireworks-related injuries in the U.S. has decreased drastically – nearly 61 percent – from 1994 to 2011, according to the U.S. Consumer Product Safety Commission. This decrease in reported injuries is noteworthy considering the use of fireworks increased nearly 100 percent during the same time period.

We remind Iowans that as we near the celebration of our independence, fireworks remain illegal in Iowa. About 42 states have legalized some form of fireworks. We encourage all those who wish to have the same freedom to display fireworks, to please contact your legislators and let them know it is time for Iowa to join America in celebrating our Independence Day with fireworks.

Here’s some background on “The Great Spencer Fire” of 1931.

I’m a bit surprised to see Danielson taking the lead on this issue, as he is not only a firefighter but also a veteran. Amateur fireworks can prompt anxiety or panic attacks for veterans with post-traumatic stress disorder.

Playing with sparklers, which are legal, as well as fireworks purchased from neighboring states, contributes to a surge in eye injuries around July 4. Interest groups representing doctors have lobbied strongly against lifting the ban on most fireworks because of the risk of burns.

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Iowa wildflower Wednesday: Purple meadow rue

Most of Iowa will get a break from the rain over the next few days, and temperatures will be milk, so I hope many of you will be able to spend time outdoors over the holiday weekend. A huge variety of summer wildflowers are blooming in Iowa woodlands and prairies. The most conspicuous include masses of elderberry bushes flowering along central Iowa bike trails and stream banks, and butterfly milkweed, forming clusters of bright orange in prairies and along some roads and highways.

Today’s featured wildflower can grow in many different habitats, including wet prairies, meadows, swamps, or woodlands, especially lowland woods near streams. I found this patch of purple meadow rue (Thalictrum dasycarpum) a few weeks ago along the Clive Greenbelt trail, between 86th St and 100th St.

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

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Time for Tom Vilsack to show leadership on weed control

Commenting on the latest evidence of herbicide-resistant “superweeds” spreading in Iowa, Drake Law Professor Neil Hamilton argued in an editorial this week that we must not embrace “solutions” offered by biotech companies that “will simply repeat our mistakes.”

Hamilton’s appeal was not addressed to any specific person. Yet one Iowan is uniquely positioned to heed his warning: U.S. Secretary of Agriculture Tom Vilsack. As the USDA considers the biotech industry’s “next silver bullet solution” for herbicide-resistant weeds, Vilsack should think hard about the risks, “rather than just believing people who have some shiny new product to sell,” in Hamilton’s words. Vilsack’s record raises doubts about whether he is up to this task.

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IA-03 news roundup: NRCC more interested, Appel releases first ad against Young

As expected, Iowa’s third Congressional district campaign between former State Senator Staci Appel and Senator Chuck Grassley’s former chief of staff David Young is shaping up to be the most competitive and most expensive of Iowa’s four U.S. House races. Within days of Young’s surprise victory at a GOP special nominating convention, the Appel campaign released its first paid advertisement highlighting Young’s long career as a Congressional staffer and support for cutting Social Security and Medicare. Meanwhile, the National Republican Congressional Committee added Young to its list of “contenders” and is now paying for robocalls attacking Appel.

Follow me after the jump for details on the latest IA-03 campaign developments.

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Iowa reaction to the Supreme Court's Hobby Lobby ruling (updated)

The U.S. Supreme Court ruled 5-4 today in favor of Hobby Lobby’s right not to provide contraception coverage in its health insurance package for employees. The Obama administration had already exempted some religious organizations and non-profits from the contraception mandate in the 2010 health care reform law. Today’s ruling allows a closely-held (that is, not publicly traded) for-profit corporation to claim religious rights that override the rights of their employees, not to mention the need to comply with federal law.

You can read the full text of the Supreme Court’s decision and dissents here (pdf). Justice Samuel Alito wrote the “opinion of the court,” joined by Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Anthony Kennedy. Strangely, Kennedy wrote a separate concurring opinion “in an attempt to show how narrow the Court’s decision was.” Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer dissented. The majority ruling appears to apply only to contraception health care services, as opposed to other medical procedures to which some groups have religious objections (such as vaccinations or blood transfusions). Still, Ginsburg seems on track when she warns that the court “has ventured into a minefield” by “approving some religious claims while deeming others unworthy of accommodation.” Analyzing today’s decision, Lyle Denniston predicted more litigation will be needed to clarify the limits of the new religious exemption for closely-held companies.

For background on the Burwell v. Hobby Lobby case (formerly Hobby Lobby v. Sebelius) and the implications of the ruling, check the Alliance for Justice and SCOTUSblog websites.

After the jump I’ve posted comments from various Iowa elected officials and candidates. So far Iowa Democrats have been quicker to respond to the Hobby Lobby ruling than Republicans. I will update this post as needed.

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Weekend open thread: Midsummer edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The big political news was the Republican Party of Iowa’s State Central Committee passing a no-confidence motion in top leaders and electing former Iowa House Speaker Jeff Kaufmann as new party chair, with Cody Hoefert as co-chair. Radio Iowa has the audio of Kaufmann’s speech to the committee, a spirited and a bit defensive case for changing leaders at this time. Too bad the party now has a team at the top whom major donors will support. The Iowa Republican live-blogged the State Central Committee meeting. Shane Vander Hart has video of remarks by several committee members. UPDATE: Added more commentary on the Republican Party leadership change below. Apparently Chad Olsen is returning as Iowa GOP executive director, which is good news for Republicans, since he knows a lot more about GOTV than the outgoing staff.

With the July 4 long weekend coming up, many people will be planning celebrations outdoors. Unfortunately, heavy rain has caused flooding affecting many Iowa parks, roads and trails in low-lying areas. With any luck we’ll get a few dry days before next weekend.

Excess nutrients (primarily runoff from conventional agriculture) can cause algal blooms in waterways. Ponds and lakes affected by the overgrowth of algae are unfortunately not safe even for pets, let alone humans.

Most fireworks remain illegal to buy or sell in Iowa, despite efforts by some statehouse Republicans to pass a bill this year, which would have legalized them for the first time since the 1930s. There wasn’t broad-based support for the bill. Playing with sparklers, which are legal, as well as fireworks purchased from neighboring states, contributes to a surge in eye injuries around July 4.

For those planning to march in parades on behalf of local candidates or political groups, enjoy your outreach and try to keep your message positive.

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The IRS and Chuck Grassley - "Ain't no there, there."

(Latest fake scandal pumped up by conservative media. - promoted by desmoinesdem)

The DSM Register had an article today on the IRS scrutiny of Sen. Chuck Grassley. To be fair to the Register, conservatives are trying to make it appear that the IRS is on a witch hunt for members of Congress, and so while there’s no news here, the Register is covering it because the conservatives are trying to make it a story.

The real witch hunt here is fed by conservative’s disconnection with reality. Here’s the short version of the facts: The IRS was sent a complaint that an organization might be offering Grassley something as a benefit. The IRS investigator looked at it and rightly asked her supervisor if this was something that could justify an audit. The supervisor said no, the only thing that would justify an audit would be if Grassley accepted and then didn’t report it. End of story. No further action by the IRS.

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World Cup discussion thread

Anyone else watching the World Cup? When the groups were announced, I thought team USA had zero chance to advance from the “Group of Death.” But a bit of a lucky start against Ghana and a solid game against Portugal (with a few sloppy moments) saw the U.S. Men’s National Team through despite today’s loss against Germany.

My friend Tanya Keith never doubted that the U.S. would advance to the elimination rounds at this World Cup. She is the ultimate true believer and author of the new book Passionate Soccer Love: A Memoir of 20 Years Supporting US Soccer. You can listen to interviews about her memoir here.

Aside from the U.S. getting out of the “Group of Death,” my biggest surprises from the tournament have been 2010 World Cup champions Spain being eliminated so quickly and FIFA disciplining Uruguay’s Luis Suarez for his third biting incident in four years. I thought the thoroughly corrupt organization would overlook the offense, given Suarez’s international popularity as a striker for Liverpool in the English Premier League. I hope this talented player uses his suspension from the soccer world to get some badly-needed therapy.

Any comments about the World Cup are welcome in this thread.

Supreme Court strikes down Obama recess appointments

The U.S. Supreme Court unanimously ruled today that President Barack Obama violated the Constitution by making recess appointments to the National Labor Relations Board in January 2012, when the U.S. Senate was technically in session. The Congressional Research Service produced an excellent backgrounder on the legal issues surrounding that set of appointments. You can find today’s opinions here (pdf). Writing for the majority, Justice Stephen Breyer concluded, “For purposes of the Recess Appointments Clause, the Senate is in session when it says that it is, provided that, under its own rules, it retains the capacity to transact Senate business.” The Obama administration had argued that the Senate was for all practical purposes in recess on January 4, 2012, since no real business is conducted during pro-forma sessions a few minutes long every three days. Justices Anthony Kennedy, Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg joined in the majority opinion.

Today’s ruling is less far-reaching than it could have been; Justice Antonin Scalia’s opinion concurring in judgment only would have much more severely restricted presidential powers to make recess appointments. Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas joined that opinion.

Since the Senate changed its rules last year to make it much more difficult for the minority to block presidential appointees, Obama has less reason to resort to recess appointments. But that could change if Republicans gain a Senate majority after this November’s elections.

Iowa’s senior Senator Chuck Grassley hailed today’s ruling in a Senate floor speech that I’ve posted below. I haven’t seen any official comment from Senator Tom Harkin. He is among those who supported the president’s recess appointments, citing “unprecedented abuses of process” by Senate Republicans who sought to prevent the National Labor Relations Board from operating by refusing to confirm any nominee.

UPDATE: Added a few points Lyle Denniston raised below.

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Supreme Court strikes down Massachusetts law on buffer zones around abortion clinics

The U.S. Supreme Court has upheld a Missouri law establishing a 300-foot buffer zone around funerals, and has upheld some state laws creating buffer zones around abortion clinics. But today, all nine justices found that a Massachusetts law establishing a 35-foot buffer zone around abortion clinics violates the First Amendment of the Constitution. You can find the full texts of the majority opinion and two concurrences in McCullen et al v Coakley here (pdf).

Chief Justice John Roberts wrote for the majority, joined by Justices Stephen Breyer, Elena Kagan, Ruth Bader Ginsburg, and Sonia Sotomayor. The ruling found that although the Massachusetts law was not attempting to regulate speech based on content, “The buffer zones burden substantially more speech than necessary to achieve the Commonwealth’s asserted inter­ests,” which “include ensuring public safety outside abortion clinics, preventing harassment and intimidation of patients and clinic staff, and combating deliberate obstruction of clinic entrances.”

There is a long history of intimidating and sometimes violent protests outside Massachusetts abortion clinics. But the majority rejected state officials’ contention that the 2007 law was needed because a previous, less restrictive buffer zone law had not worked. The court argued that a more narrowly-tailored approach, stepping up law enforcement around the Boston clinic with the most problems, could achieve the same end without restricting protesters’ free speech in public areas.

Justice Antonin Scalia wrote a separate opinion, joined by Justices Anthony Kennedy and Clarence Thomas, concurring in judgment only. He would have thrown out the law because it regulates speech in a “content-based” manner and can’t survive the “strict scrutiny” standard which “requires that a regulation represent “the least restrictive means” of furthering “a compelling Gov­ernment interest.” Justice Samuel Alito wrote a separate opinion concurring in judgment. He would throw out the state law because it “discriminates based on viewpoint. Speech in favor of the clinic and its work by employees and agents is permitted; speech criticizing the clinic and its work is a crime.”  

Iowa wildflower Wednesday: Wild rose

Since I started Bleeding Heartland’s weekly wildflower series in 2012, I’ve planned to feature Iowa’s state flower, the wild rose. However, for whatever reason I never ran across this plant at the peak of its blooming period when I had my camera handy. This year I was determined to catch some wild rose blossoms, so a couple of weeks ago I headed down to the Stamps Family Farm near Chariton (Lucas County), having received a tip that roses were flowering. Fortunately for me, the rain let up just before I arrived.

After the jump I’ve enclosed photographs of native wild roses, along with a few pictures of multiflora roses. Rosa multiflora is considered an invasive species in much of North America, native to eastern Asia and brought here “as garden plants and as root stock for ornamental roses.” It’s on the noxious weed list of Iowa and several neighboring states and is a common sight out in the country.

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

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