How not to retire from the Iowa legislature

Most election years, at least one Iowa House or Senate incumbent reveals retirement plans shortly before the filing deadline. During the last midterm, three Iowa House incumbents gave their constituents only a day or two’s notice that they were not planning to run for re-election.

Qualifying for the ballot is relatively easy here; candidates can collect the 50 signatures needed for an Iowa House district or the 100 needed for a Senate district in a day. But deciding whether to run for the state legislature is not so simple. Common courtesy demands that incumbents give their constituents at least a few weeks, or preferably a few months, to talk things over with family and friends, weighing what would be involved in a campaign and part-time work as a lawmaker. Lots of politically active people might want to serve. Most would not challenge an incumbent in a primary, but the calculus is different for an open seat.

Longtime State Senator Dennis Black announced on March 10 that he would not run for re-election. Presumably some insiders had advance warning, but every other Democrat in Senate district 15 had at most three days to consider this race, plus one day to collect the signatures and drive petitions to Des Moines.

Longtime State Representative Roger Thomas officially announced his retirement in a press release that went out  at 4:50 pm on March 13, barely 24 hours before the filing deadline. He gave the scoop to local activists at the Winneshiek County Democratic convention on March 8, but that news would only reach a small circle of insiders. A wider audience didn’t learn of Thomas’ retirement until he informed the Decorah Newspapers on the morning of March 12. Democrats in House district 55 (covering parts of Winneshiek, Fayette, and Clayton counties) deserved more than five days to think about running for the legislature, collect signatures, and make the four-hour drive to Des Moines. Nothing against Rick Edwards of Decorah, who has stepped up to run, but others should have had more time to consider the opportunity Thomas created.

Note: Iowa House district 55 will likely be a very competitive race this November, and Senate district 15 may also be in play, but my feelings about last-minute retirements also apply to seats that are safe for one party.

Medical marijuana links and discussion thread

I’ve been meaning to put up a thread on efforts to legalize cannabis for medical use in Iowa. State Senator Joe Bolkcom has been the lead sponsor of a bill that would create “a state regulated system to provide medical cannabis to Iowans under a doctor’s care.” Senate File 2215 (full text) did not meet the Iowa legislature’s first “funnel” deadline because of a lack of support from statehouse Republicans. However, more recently GOP lawmakers including Iowa House Majority Leader Linda Upmeyer, a nurse practitioner, have said they are open to discussions on the issue. Iowa House Republican Clel Baudler, who helped kill a similar bill last year, is dead-set against what he calls an “asinine” idea.

The Iowa Medical Marijuana website includes much more background on efforts to legalize the medical use of cannabis. The front page of that site includes links to recent news coverage and videos from an Iowa Senate hearing on March 5. CNN’s Dr. Sanjay Gupta changed his mind on the medical uses of marijuana while working on a documentary last year.

After the jump I’ve enclosed a statement from Bolkcom explaining the key points of SF 2215, highlights from the Des Moines Register’s latest polling on the issue, and comments from Governor Terry Branstad, West Des Moines Mayor Steve Gaer, and Representative Bruce Braley, the Democratic candidate for U.S. Senate.

Any relevant thoughts or predictions are welcome in this thread. I expect advocates will have to work for at least a few more years before Iowa joins the 20 states and Washington, DC where medical marijuana is already legal.  

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Sioux City suing state to block traffic camera rules

As Bleeding Heartland has discussed before, I’ve long felt that Governor Terry Branstad’s disregard for local government authority is one of the most under-reported Iowa political stories of the last few years. The Iowa Department of Transportation’s new rules restricting cities’ use of traffic cameras is one of many examples. Bills seeking to ban local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions. The Iowa DOT’s new rules went into effect last month; they do not prohibit all use of traffic cameras but require annual reviews to show the cameras are improving safety and not just serving as a revenue source for local government.

Sioux City is one of many Iowa municipalities that have installed traffic cameras on some major roads and intersections. The Iowa DOT gave Sioux City officials “until May 1 to justify the use of two speed cameras and seven of its 11 red-light cameras.” Now the city government has filed a lawsuit claiming the state department exceeded its authority.

Assistant City attorney, Justin Vondrak, filed the judicial review action in Woodbury County District Court and says the DOT regulations make it almost impossible for the city to use speed cameras along Interstate 29 within the city limits. “What we’re asking for is a review of the rules and to eventually have the rules determined to be unconstitutional based on the city’s home rule authority, as well as other Iowa code sections which grant the city joint jurisdiction with the DOT for traffic enforcement upon the primary roadways within the city’s jurisdiction,” according to Vondrak.

More details on the lawsuit are after the jump.

Whatever the District Court rules, I expect the losing side to appeal and would not be surprised to see the Iowa Supreme Court eventually decide this matter. The case raises interesting questions about local and state government powers. On a related note, I still think some municipality should have challenged Governor Branstad’s executive order on project labor agreements in court.

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Mid-week open thread: Ripoffs, real and imagined

Here’s an open thread: all topics welcome.

The Iowa Policy Project has called wage theft “an invisible epidemic” costing Iowa workers an estimated $600 million each year. Click here for a few examples of how wage theft works. Last week the Iowa Senate approved on party lines a bill to address common forms of wage theft (full text here). However, that bill is not moving in the Republican-controlled Iowa House.

Joseph Williams published a depressing account of his short career in low-wage retail after losing his journalism job. Even though he made more than minimum wage, it wasn’t enough to cover basic expenses. Williams also experienced wage theft and the small humiliations inflicted by “loss prevention” policies.

The Center for Public Integrity’s Daniel Wagner wrote a disturbing piece about aggressive debt collection tactics targeting Americans doing military service.

Sometimes feeling cheated and getting a raw deal are very different things. After the jump I’ve posted an excerpt from a Detroit News feature on a Michigan woman now starring in a television commercial attacking health care reform as “unaffordable.” Turns out she will save quite a bit of money under her new “Obamacare” health insurance–but she doesn’t believe it. Classic case of cognitive dissonance.

Your unintentional comedy for the week is a letter to the editor from the March 7 Des Moines Register, in which a man complains of being ripped off at a “Duck Dynasty” speaking engagement.

After shelling out a considerable sum for a VIP meet-and-greet session, I arrived to stand in line with over 300 other VIP patrons. I was told I would have 7.5 seconds with each of Willie and Phil Robertson. When I finally made it to their table, I was rushed through in seconds. I handed my Bible to Phil for an autograph and he scribbled an illegible name. My “VIP Seating” ended up being in the 15th row next to non-VIP patrons who paid nearly one-tenth the price of my experience.

When the program started, Willie spoke about the makings of their show. Phil then took the stage with a few minutes of duck-calling, followed with a lengthy rant about how Americans are being denied the rights written in the United States Constitution.

Disgusted, I got up and left before it ended. The event was nothing but a marketing scheme that took money from hard-working Americans.

A marketing scheme–who could have guessed? But seriously, isn’t it blasphemous to ask a television celebrity to sign your Bible?

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Iowa Senate district 45: Joe Seng has a primary challenger, Mark Riley

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

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Iowa Senate district 7 preview: Rick Bertrand vs. Jim France

Three days before the deadline to file as a major-party candidate for the state legislature, a Democrat finally stepped up to run against first-term State Senator Rick Bertrand in Iowa Senate district 7. Likely to be among the most competitive statehouse races this year, Senate district 7 is a must-hold for Republicans trying to win a majority in a chamber Democrats have controlled by 26 votes to 24 since 2011. Leading Democrats view the district as a pick-up opportunity, in part because of a voter registration advantage and strong performance by Democratic candidates there in 2012.

Follow me after the jump for a first look at this race. I’ve included a district map and the latest voter registration numbers as well as background on Bertrand and his Democratic challenger, Jim France.  

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Twilight of the Iowa GOP's Liberty era (updated)

Time for a discussion thread on news that broke over the weekend: A.J. Spiker will step down early as chair of the Republican Party of Iowa in order to serve as an adviser to U.S. Senator Rand Paul’s political action committee. I’ve posted the Iowa GOP’s official announcement after the jump. It puts a positive spin on Spiker’s tenure, which began after Matt Strawn was forced out early over the 2012 Iowa caucus vote-counting debacle. Spiker’s critics have complained of poor fundraising and an insufficient focus on party unity and electing Republican candidates.

Spiker was a leading supporter of Ron Paul’s presidential campaigns in Iowa and benefited from the “Paulinista” dominance during the 2012 county, district, and state GOP conventions. However, Ron Paul loyalists were unable to repeat that performance at this year’s county conventions on March 8. In fact, some high-profile Paulinistas weren’t even able to win district convention delegate slots.

David Fischer, another prominent figure in the “Liberty” camp, stepped down as state party co-chair earlier this year. Danny Carroll, a former Iowa House Republican and unsuccessful candidate to lead the state party in 2009, won a very close State Central Committee election to succeed Fischer in that role.

Longtime social conservative activist Steve Scheffler made a deal with the Liberty crowd in the summer of 2012 to retain his position as Republican National Committeeman. He told the Des Moines Register that he expects “a huge turnover” on the Iowa GOP’s State Central Committee after district conventions on April 26. Scheffler would like to see Carroll serve as the Iowa GOP’s interim leader until new State Central Committee members begin their terms this summer.

Any relevant comments are welcome in this thread. P.S.- Some observers believe Spiker’s departure will spell doom for the Ames Straw Poll. I suspect the Iowa GOP will still organize some kind of candidate forum a few months before the Iowa caucuses, perhaps even a fundraiser. But new party leaders will likely be swayed by Governor Terry Branstad and other straw poll critics in planning that event next year.

UPDATE: Speaking to a conservative breakfast club on March 12, Danny Carroll confirmed that he will run for party chair this month and again after the new State Central Committee members are selected. He told Radio Iowa he’d like to see the straw poll continue, while making sure tickets are not overpriced and candidates are not charged “exorbitant rent for space at the venue.”

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More Americans and central Iowans using public transit

A study released this week shows that across the U.S., trips on public transportation reached a level in 2013 not seen since 1956. During the past two decades, public transit ridership has increased far beyond population growth, fueled not only by aging baby boomers but also by a generation of young people less likely to drive than their predecessors. After the jump I’ve posted a summary of the American Public Transit Association’s findings. You can download the full report on 2013 public transit ridership here (pdf).

Earlier this year, the Des Moines Area Regional Transit (DART) released data showing “DART’s ridership increased more than 7 percent in the first six months of fiscal year 2014, compared to the same period of fiscal year 2013. Ridership totaled 347,213 in December – a 15 percent increase over December 2012.” Click through for details on the fastest-growing bus routes. In recent years, DART built a new central station in downtown Des Moines and redesigned or expanded many of its routes. During the past six months, DART has made it easier for people to plan bus trips. Smart phone users will be pleased to learn, “DART bus stops now display on Google Maps. This addition allows users to see locations of bus stops as well as get route information including what bus routes serve the stop and when the next bus is scheduled to arrive. A similar feature is also available on Bing Maps and the MyDART Trip Planner.” Speaking to Radio Iowa, DART’s general manager Elizabeth Presutti said young people, “young professionals particularly” increasingly want public transit for their work commutes, while “a growing senior population” in the Des Moines area is also “looking for alternative transportation options.”

Many Iowans think of public transit as something for large urban areas, but bus service is a viable alternative to driving in smaller communities too. The American Public Transit Association’s study showed rising bus ridership in cities with a population under 100,000. Express buses that take people from small towns to work, shopping or other services in larger towns nearby need to more available across Iowa, especially considering our aging population.

President Barack Obama’s proposed budget for fiscal year 2015 includes more funding for public transit, rail, and other alternatives to driving. Those investments will be a tough sell in the Republican-controlled U.S. House, but data show that Americans increasingly want to use public transit when that option is available.  

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My comment to the USDA on Dow's petition to unleash 2,4-D resistant crops

(Appreciate this look at an issue that was not on my radar. Bleeding Heartland user black desert nomad has posted more details and references in the comments. - promoted by desmoinesdem)

The path to progress has little to do with speed but a heckuva lot to do with direction – an Iowa farmer said once as he described the act of stewarding his farm land to provide for his family and the next generation.  I suggest the the USDA and all interested parties heed this advice in the consideration of the status of 2,4-D Resistant corn and soybeans, and I hope you will decline the petition.  While this is only a single petition it is a strong signal to agriculture to continue on the pesticide-treadmill, whereby efficacy wanes and a new, often more potent, product is rolled out.  And while the USDA and others may chose to take that path – it should be understood they are deciding for everyone and the destructive nature of 2,4-D will impact all farmers. 
The use of herbicide resistant crops inevitably increases the use of the associated chemicals. For example, the volume of glyphosate deployed in  Iowa has grown exponentially since 1996 and today is nearly unfathomable.  The USGS has shown glyphosate is now persistent in Iowa rains and air. These technologies are dealt on a field by field basis but every acre of Iowa gets the treatment through air, water, and transport of crops.  Now on the docket is a chemical that is arguably worse than glyphosate for human and ecosystem health. When 2, 4-D was championed the first time, Iowa's leading apple and grape industries vanished in less than 10 years. Today, Iowa's wine industry is reborn but its fate likely rests on the decision before the USDA.
Veteran farmers that routinely use 2,4-D today for corn production describe that they are very concerned about this pending biotech trait. If/when the herbicide resistant crops are ok'ed, the deployment of 2,4-D will be increased and perhaps more importantly it will be used later in the growing season when volitilization-potential is greatest due to heat and the respiration of mature crops. Dow Agroscience's insistence of lesser volatility in future formulations of 2,4-D is a tough pill to swallow when Iowans see the chemical-burnt windbreaks along field edges. Agrichemical drift is a common issue for rural citizens and the farmers of Iowa growing crops other than the resistant varieties of corn and soybeans.
I am an aspiring farmer and have been actively searching for farmland upon which to begin. Twice recently I have had interest to purchase – but the small (~ 50 acre) parcels have been too narrow to avoid chemical drift – and I have declined in anticipation of the decision on this petition. If 2,4-D resistant crops are approved by you and widely adopted by farmers, Iowa might no longer be a viable place to pursue the production of small grains, vegetables, orchards and pastures as I plan to.  In order to preserve the rights and liberties of Iowa farmers to pursue diverse approaches to agriculture, I ask that you decline Dow Agroscience's petitions 09-233-01p, 09-349-01p, and 11-234-01p.

Former Newton Mayor Chaz Allen running in Iowa Senate district 15

Only a few hours after State Senator Dennis Black confirmed plans to retire, former Newton Mayor Chaz Allen announced that he will seek the Democratic nomination in Iowa Senate district 15. Allen has strong business connections as executive director of the Jasper County Economic Development Corporation and as a board member of the Greater Des Moines Partnership. After the jump I’ve posted Allen’s campaign announcement, which contains more background on the candidate. Former Governor Chet Culver appointed him to the Rebuild Iowa Office’s task force on Infrastructure and Transportation, and he also served on Governor Terry Branstad’s Commercial Property Tax Review Committee three years ago.

Iowa Senate district 15 covers most of Jasper County and some eastern areas in Polk County. Click here for a map and the latest voter registration numbers in the Democratic-leaning district.

I am seeking comment from Iowa House Democrat Dan Kelley, who represents the eastern half of this Senate district. I will update this post when I can confirm whether Kelley will run for the Iowa Senate or seek a third term as state representative.

So far the lone Republican candidate to file in Senate district 15 is Crystal Bruntz. Her campaign is on Facebook here and on the web here. I’ve posted her official bio below.

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Democratic incumbent Dennis Black retiring in Iowa Senate district 15

Democratic State Senator Dennis Black announced this morning that he is retiring from politics after 32 years in the Iowa legislature, including five terms in the Iowa Senate. His retirement opens up Senate district 15, covering most of Jasper County and parts of eastern Polk County. As of March 2014, this district contained 15,238 registered Democrats, 13,184 Republicans, and 15,064 no-party voters. After the jump I’ve posted a district map and Black’s open letter to colleagues and the media.

In late January, it appeared that three Republicans would compete for the chance to run against Black this year. But the highest-profile candidate, former Iowa GOP Co-Chair David Fischer, opted against running last month. Meanwhile, the first Republican candidate to declare against Black, Patrick Payton, decided to run for Iowa House district 29 instead. That leaves Crystal Bruntz, a human resources executive for the convenience store chain Kum & Go, as the likely GOP nominee in Senate district 15. So far she is the only Republican who has filed nominating papers in the district.

Democrats have until this Friday to find a new candidate for the seat Black is vacating. I am seeking comment from two-term State Representative Dan Kelley of Newton. He currently represents Iowa House district 29 but has not filed for re-election yet. First-term Democrat Joe Riding has already filed for re-election in House district 30, the western half of Senate district 15. UPDATE: Riding confirmed by telephone that he is committed to continuing to represent residents of House district 30.

Although Black’s district wasn’t initially on my radar or Senate Majority Leader Mike Gronstal’s radar as one of the most competitive 2014 Senate races, opposing parties typically have a better chance of winning open seats than defeating state legislative incumbents. Senate district 15 will surely be a race to watch this year.

PROCESS GEEK UPDATE: Although it’s not relevant in this instance, since Riding will stick with the House race, a candidate who had already filed papers to run for an Iowa House district could file for a newly open Senate district. Scroll to the end of this post for the explanation.  

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What could go wrong? Less training for manure spreaders edition

More than 800 manure spills have occurred on Iowa farms during the past two decades. At least 262 manure spills reached Iowa waterways between 2001 and 2011 alone, affecting the vast majority of counties.

More than half of rivers and streams in the region including Iowa are in “poor condition for aquatic life.” Manure spills are a major contributing factor to this problem, and they are happening more often. The number of recorded manure spills in Iowa grew from 46 in 2012 to 76 in 2013.

How should state government respond to this set of facts? Various policies might address the explosion in waterways officially recognized as “impaired.”  

But this is Iowa, where it’s a minor miracle to get state lawmakers to take any steps against water pollution, and agricultural interests have repeatedly moved to undermine regulations related to the handling of manure on large-scale farms.

Last week, two-thirds of Iowa House members saw fit to reduce continuing education requirements for people certified to spread liquid manure on farm fields.  

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Bully Bill: Vol. 1

(Bleeding Heartland welcomes guest diaries on state policies, including pending legislature in the Iowa House or Senate. Thanks for this detailed look at current law as well as new proposals aimed to reduce bullying in Iowa schools. - promoted by desmoinesdem)

Bullying is an issue that has impacted every community, school, and classroom in our state.   Since 2012, Governor Branstad has made the issue a priority for his administration.  During Governor Branstad’s Condition of the State Address – he outlined a proposed Bully Free Act of 2014.  In February, Senate Democrats proposed their own revisions to the state’s anti-bullying law.

I have received numerous questions about both proposals and the impact each would have on the state’s current anti-bullying efforts.  Follow me after the jump for a detailed look at what is being proposed and what is needed on this issue.  

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Weekend open thread: New Register poll edition

What’s on your mind this weekend, Bleeding Heartland readers? The hour I lost with “spring forward” was the hour I needed to get the open thread up at the usual time. But better late than never. All topics are welcome.

For the past week, the Des Moines Register has been releasing results from its latest statewide poll. Selzer & Co surveyed 703 Iowa adults between February 23 and 26, producing a statistical margin of error of plus or minus 3.7 percent. This morning’s newspaper revealed that President Barack Obama’s approval rating has hit a new low in the state he carried in the last two presidential elections. Just 36 percent of respondents said they approve of Obama’s job performance, while 59 percent disapprove. Those findings will embolden Republican candidates who plan to make this November’s elections a referendum on the president’s policies.

Looking ahead to the 2016 caucuses, 50 percent of Iowans, including 88 percent of the Democrats in the Register’s poll sample, think it would be good for Hillary Clinton to run for president again. Support for Vice President Joe Biden was much lower, with 33 percent of the full sample and 58 percent of the Democrats saying it would be good for Biden to run for president again. Like I’ve said before, there is no evidence Hillary Clinton has any lasting problem with Iowa Democrats.

U.S. House Budget Committee Chair Paul Ryan’s reputation with Iowa Republicans doesn’t appear to have suffered from being on the losing ticket with Mitt Romney in 2012. Selzer’s poll for the Register found that 67 percent of Republican respondents think it’s a good idea for Ryan to run for president. The full sample was split, with 41 percent supporting a Ryan presidential bid and 42 percent saying it would be a bad idea. In the Republican sub-sample, 65 percent said it would be good for former Arkansas Governor Mike Huckabee to run for president again, 50 percent said the same about Texas Governor Rick Perry, and 48 percent said the same about former U.S. Senator Rick Santorum.

My impression last year was that other potential candidates, including U.S. Senator Ted Cruz, are telling Iowa Republicans what they want to hear, while Santorum’s message is not striking the same chord. If Ryan runs for president, he will surely come under attack for recent deals with Democrats on the federal budget.  

IA-Gov: Register poll puts Branstad at 63 percent approval, 44 percent re-elect

Governor Terry Branstad’s approval rating is far higher than the percentage of Iowans who would definitely vote for his re-election, according to the latest Iowa poll conducted by Selzer & Co for the Des Moines Register. Selzer & Co surveyed 703 Iowa adults between February 23 and 26, producing a statistical margin of error of plus or minus 3.7 percent–though it’s worth noting that a random sample of Iowa adults does not necessarily reflect the 2014 midterm electorate.

In the Register’s new poll, 63 percent of respondents said they approved of Branstad’s job performance, up from 58 percent in December. Just 30 percent disapproved of Branstad’s work, and 7 percent were not sure. In a head to head matchup against Democratic State Senator Jack Hatch, Branstad leads by 44 percent to 29 percent. Jason Noble commented, “The 44 percent of respondents who say they’d vote for Branstad is down from 52 percent in December [2013] and 55 percent in June.” Sounds like a lot of people like the governor but sense that he’s had enough time in the job.

Other Iowa polls conducted during the past year or two have similarly suggested that Branstad enjoys high approval ratings, with somewhat lower numbers of voters ready to re-elect him to a sixth term. Hatch has outlined a strong set of policies for Iowa but clearly needs to raise his name recognition. Making a case against the incumbent may be challenging; if the Register’s poll is accurate, 52 percent of Iowans see the state heading “in the right direction,” with only 37 percent saying it’s “on the wrong track.” Most sitting governors would be happy to take those numbers into a re-election campaign.

Grassley, Harkin support failed bill on military sexual assault cases (updated)

Yet another good idea has fallen victim to the U.S. Senate’s rules requiring a super-majority to advance legislation. Although 44 Democratic senators and eleven Republicans supported a bill that would have taken sexual assault cases outside the military chain of command, backers fell five votes short of the 60 needed to pass a cloture motion yesterday. Iowa Senators Tom Harkin and Chuck Grassley both voted for cloture (roll call) on the bill sponsored by Senator Kirsten Gillibrand. Pentagon leaders and Democratic Senators Dick Durbin and Claire McCaskill lobbied against the measure. A weaker sexual assault prevention bill proposed by McCaskill advanced after senators rejected cloture on Gillibrand’s bill.

After the jump I’ve posted the key arguments for both sides in the debate, as well as comments from Grassley and Representative Bruce Braley (D, IA-01). In the floor statement I’ve enclosed below, Grassley urged colleagues, “We need a clean break from the system where sexual assault isn’t reported because of a perception that justice won’t be done.” Braley has long supported reforms along the lines of Gillibrand’s bill, and yesterday he promised to keep pushing on the issue, saying opponents are “on the wrong side of history.” Braley is the Democratic candidate for the U.S. Senate seat Harkin will vacate at the end of this year.

P.S. – Of the Republican senators considered most likely to run for president in 2016, Ted Cruz and Rand Paul voted for cloture on Gillibrand’s bill. Marco Rubio voted against it.  

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Branstad joins lawsuit against California law on egg production (updated)

I’m always fascinated when conservatives who claim to support “states’ rights” cry foul when another state enacts a law they dislike. In 2008, California voters approved Proposition 2, a law designed “to prohibit the cruel confinement of farm animals,” including new rules on conditions for egg-laying hens. State lawmakers later passed and Governor Arnold Schwarzenegger signed a law extending those rules to producers of any eggs sold in California. Representative Steve King (R, IA-04) tried but ultimately failed to insert language in the federal Farm Bill overturning California’s law, which will affect Iowa egg producers when it becomes effective on January 1, 2015. King argued that the law violates the Commerce Clause of the U.S. Constitution, creating an illegal trade barrier between states.

Since President Barack Obama signed into law a five-year Farm Bill that does not include King’s amendment, attorneys general in Missouri, Nebraska, Oklahoma, Alabama, and Kentucky have filed a federal lawsuit challenging the California law. Governor Terry Branstad announced yesterday that he has joined that lawsuit on Iowa’s behalf. Details are after the jump, including excerpts from the court filing and statements released by Branstad and King.

I am not an attorney, much less a specialist on the Commerce Clause, but I doubt the plaintiffs will succeed in overturning the California law, for three reasons: 1) the law does not “discriminate”; 2) the law does not force any conduct on egg producers outside the state of California; and 3) overturning this law would prompt a wave of lawsuits seeking to invalidate any state regulation designed to set higher standards for safety, public health, or consumer protection.

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District court voids proposed rule on Iowa voter citizenship checks

Polk County District Court Judge Scott Rosenberg ruled yesterday that Iowa Secretary of State Matt Schultz overstepped his authority when he promulgated a rule designed to identify and remove suspected non-citizens from Iowa voter rolls. Schultz first tried to enact a similar rule using “emergency” procedures during the summer of 2012, but a different Polk County judge issued a temporary injunction preventing the rule from taking effect before the 2012 general election.

Schultz then proposed a different version of the rule (full text here) and enacted it using the normal rulemaking process. Several advocacy groups claimed the rules could intimidate and/or disenfranchise legitimate Iowa voters. The American Civil Liberties Union of Iowa and the Iowa League of United Latin American Citizens restarted their voter suppression lawsuit last March. In September, District Court Judge Rosenberg rejected Schultz’s motion to dismiss the lawsuit, and in November, Rosenberg issued a temporary injunction preventing Schultz from implementing the rule before the court considered the merits of the case.

Yesterday Rosenberg found in favor of the plaintiffs, saying Schultz “lacked the statutory authority” to promulgate a rule allowing his office to use a federal database to check Iowa voters’ citizenship status. He further found that there was no rational basis for concluding that the rule was within the delegated authority of the Iowa Secretary of State’s office and ordered the respondent to pay legal costs. Schultz plans to appeal the ruling, which you can read in full at the Des Moines Register’s website. I doubt the Iowa Supreme Court will overturn this ruling, because the excerpts I’ve posted below are convincing.

Side note: I suspect that Schultz expected this verdict, and the likely failure of this crusade was one among several factors that prompted him to bail out of his current position in order to run for Congress in the open third district.

UPDATE: Added some comments from the ACLU of Iowa below. It’s worth noting that this ruling focused on the matter of Schultz’s authority and did not settle the question of whether his procedure would have wrongfully intimidated eligible voters or deprived them of their voting rights.

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Senate rejects first Obama nominee since change to filibuster rules (updated)

Since Democrats changed U.S. Senate rules in November to remove the 60-vote threshold for cloture motions on most presidential nominees, senators have confirmed dozens of President Barack Obama’s appointees as federal judges, ambassadors, and to various executive branch positions. In fact, fifteen presidential nominees sailed through the process during the past month alone.

Yesterday, for the first time under new Senate rules, Democrats could not muster even a simple majority of votes in favor of cloture on a presidential nominee. Alexander Bolton and Ramsey Cox reported on the controversy that torpedoed Debo Adegbile’s nomintaion to be assistant attorney general in charge of the Justice Department’s civil rights division. Critics said Adegbile was unfit for the job because as director of litigation for the NAACP Legal Defense Fund, he had supported efforts commute the death sentence of Mumia Abu-Jamal, “who was convicted of killing Philadelphia police officer Daniel Faulkner in 1981.”

Seven Democrats joined all the Republicans present to defeat the cloture motion on Adegbile’s nomination by 52 votes to 47 (roll call). The Iowans split along party lines, with Senator Tom Harkin supporting cloture on Adegbile’s nomination and Senator Chuck Grassley voting against the motion. Harkin sharply criticized his colleagues, saying Adegbile would have been confirmed if he were white.

Bolton and Cox saw yesterday’s vote as “a stinging defeat for Obama.” I see it as a more stinging defeat to basic concepts underlying the American justice system: everyone has a right to a defense, and defense attorneys should not be held accountable for their clients’ conduct. Going back to the colonial period, this country has a tradition of attorneys providing a vigorous defense at trial to even odious criminals. President John Adams remained proud of his work defending the British soldiers responsible for the Boston Massacre of 1770 and opposing the death penalty for them, even though they had shot and killed patriots.

UPDATE: Added comments from Harkin after the jump.

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Can Josh Byrnes escape a GOP primary challenge in Iowa House district 51?

Since last summer, many Iowa politics watchers have had Republican State Representative Josh Byrnes on retirement watch. However, he announced this week that he will seek a third term in Iowa House district 51. After the jump I’ve posted a district map and Byrnes’ re-election statement.

Democratic candidate Laura Hubka has been actively campaigning for months. She’s facing a relatively strong incumbent in this district, which covers Howard, Mitchell, Worth, and part of Winneshiek Counties along Iowa’s northern border. Byrnes was comfortably re-elected in 2012 even as President Barack Obama won more than 55 percent of the vote in House district 51. The latest totals from the Secretary of State’s office indicate that the district contains 5,765 registered Democrats, 6,470 Republicans, and 8,643 no-party voters.

Although I have not heard of any Republican planning to challenge Byrnes, three factors make me suspect he will not get a free pass in the GOP primary.

1. Byrnes is the leading Iowa House proponent of raising the gasoline tax, a popular view among some rural constituencies but not in the Republican base. He even taunted the advocacy group Iowans for Tax Relief after this year’s subcommittee hearing, where the gas tax bill advanced.

2. While many Iowa House Republicans are quietly satisfied to see a constitutional amendment on marriage die in the funnel for two years running, to my knowledge Byrnes is still the only person in his caucus who openly supports same-sex marriage rights.

3. Last year Byrnes was one of just two GOP legislators to support the Democratic position on expanding Medicaid in Iowa. (The other one, Brian Moore, represents the most Democratic-leaning Iowa House district Republicans now control.)

It will be a St. Patrick’s Day miracle if no anti-tax zealot, social conservative, or “Liberty” activist steps up to challenge Byrnes by the March 14 filing deadline.  

UPDATE: Amazingly, no other Republican filed papers to seek the GOP nomination in House district 51.

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