Grassley, Senate Republicans block another Appeals Court nominee

Republicans in the U.S. Senate successfully filibustered yet another judicial appointment today. President Barack Obama had nominated Cornelia Pillard to serve on the D.C. Circuit Court of Appeals. But a cloture motion failed to gain the 60 votes necessary under Senate rules to end debate on her nomination. Two Republicans joined all of the Democrats present, including Iowa’s Tom Harkin, to vote for cloture, but the motion still failed 56 to 41 (roll call). As with Caitlin Halligan and Patricia Millett, two other Obama nominees defeated by GOP filibusters, opponents did not even try to pretend Pillard was not qualified to serve on the court. Rather, Grassley (the ranking Republican on the Senate Judiciary Committee) again claimed the D.C. Circuit Court of Appeals does not have a large enough caseload to justify eleven judges.  

After the jump I’ve posted Grassley’s floor statement explaining his vote against confirming Pillard. I’ve also enclosed a statement from the Alliance for Justice, which has thoroughly debunked Grassley’s arguments about the D.C. court’s caseload. Senate Democrats made a huge mistake by not embracing Harkin’s call for filibuster reform years ago.

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Rick Perry reinvention discussion thread

Catching up on news from last week, Texas Governor Rick Perry spoke at a lunch hosted by Americans for Prosperity and headlined the Polk County GOP’s fall dinner in Des Moines on November 7. O.Kay Henderson posted the full audio from Perry’s evening speech at Radio Iowa. After the jump I’ve posted some highlights from his remarks as well as an interview Perry gave the Des Moines Register and comments he made to Iowa reporters.

The Texas governor is trying to reinvent himself as a guy focused on economic policy and pragmatic problem-solving. I tend to believe in the adage, “You only get one chance to make a first impression.” Perry blew his big opening in the late summer of 2011, and I expect Iowa Republican caucus-goers to be more interested in other governors, such as Scott Walker of Wisconsin or Bobby Jindal of Louisiana. That said, Republicans have on several occasions nominated a candidate during his second run for the presidency, and I think governors tend to be more appealing to GOP primary voters than current members of Congress. Furthermore, several candidates will be fighting over the “uncompromising conservative” niche, so Perry might as well distinguish himself by rejecting purity tests and saying, “I’d rather have a half a loaf than no loaf.”

Any comments on Perry’s prospects in the 2016 Iowa caucuses or the presidential primaries are welcome in this thread.  

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Iowa will never face the mess Virginia's in

Anyone else following the Virginia attorney general election saga? With some provisional ballots still to be counted, Democrat Mark Herring leads Republican Mark Obenshain by just 117 votes out of more than 2 million cast last Tuesday. Michael McDonald and Dave Wasserman have been posting frequent updates on the situation. No matter who holds a slight lead when the official canvass concludes, there will certainly be a recount. But as Brad Friedman points out,

Unfortunately, a “recount” in Virginia is much less than it might appear. Most of the state’s votes are cast on 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems, on which it is impossible after an election to know if any vote cast on them actually reflects the intent of any voter. Those votes will not be able to be “recounted” at all. Rather, according to § 24.2-802 (D) of the Code of Virginia [PDF], a “recount” of DRE votes consists of little more than checking the results tapes printed out by the machines at the end of Election Night once again. […]

So there is no way to know if any of the DRE votes, the majority of those cast, are actually accurate, as per any voter.

Very close elections for state legislative seats or local offices are routine in Iowa, and we could easily have a statewide contest decided by a margin as narrow as the Herring/Obenshain race. But at least Iowa would be able to recount the ballots cast, because in 2008, our state legislature approved and Governor Chet Culver signed a law requiring paper ballots to be used in all Iowa counties. Before that law passed, some counties had already invested in touchscreen machines, but Secretary of State Mike Mauro strongly lobbied for paper ballots everywhere in the state. The governor initially favored a plan that would have involved retrofitting rather than replacing touchscreen voting machines. But he relented, and Senate File 2347 eventually passed by 47 votes to 1 in the Iowa Senate and 92 votes to 6 in the Iowa House.

Thanks to the advocates and all the Iowa elected officials who made sure the nightmare unfolding in Virginia would never happen here.

P.S. – We could do more to improve our system of post-election audits.

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Liz Bennett has head start in Iowa House district 65

When State Representative Tyler Olson launched his campaign for governor this summer, I expected several Democrats to jump at the chance to represent Iowa House district 65. According to the latest figures from the Iowa Secretary of State, the Cedar Rapids seat Olson will vacate at the end of next year contains 9,510 registered Democrats, 4,859 Republicans, and 7,369 no-party voters. In other words, the winner of the Democratic primary is almost certain to succeed Olson in the Iowa House.

To my knowledge, only Liz Bennett is actively running for House district 65. A volunteer for many Democratic candidates and various progressive causes in Linn County, Bennett now works for the internet company Go Daddy. She created a campaign Facebook page in July and formally kicked off her bid for the Iowa House at a Cedar Rapids event this past Saturday. So far there’s not much detail on Bennett’s campaign website. Her Facebook page includes a brief statement of priorities: “I believe that education, a strong middle class, diverse communities, and common-sense environmental policy are the keys to economic growth for Iowa.” After the jump I’ve posted more background, provided by the candidate.

I would not be surprised to see other Democrats declare before the filing deadline in March 2014. On the other hand, Bennett may be able to clear the field in House district 65. Not only has she served on the Linn County Democratic Central Committee and chaired her precinct caucus, she was chosen to be a delegate to the 2012 Democratic National Convention.  

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IA-01: Paul Pate passing on Republican primary?

Nearly two months ago, former Iowa Secretary of State and State Senator Paul Pate told the Cedar Rapids Gazette and The Iowa Republican blog that he was planning to run for Congress in the open first district. The campaign kickoff expected in late September still hasn’t happened, and Kevin Hall wrote over the weekend, “My clandestine, ubiquitous informants tell me the former Iowa secretary of state has opted not to run for Congress next year …”

I am seeking comment from Pate and will update this post if he clarifies whether he is still considering a Congressional campaign. In my opinion, Pate could be a strong general election candidate but would likely struggle in a GOP primary. The three Republicans who are already running in IA-01 (Rod Blum, State Representative Walt Rogers, and Steve Rathje) are all more conservative than Pate.

Assuming Pate opts out, the field is likely set. It will be interesting to see Blum duke it out with Rogers. (Although Rathje is from Linn County, the largest in IA-01, I don’t expect him to have the capacity to run a strong district-wide campaign next spring.) Dubuque-based Blum is favored by the “Liberty” crowd and performed surprisingly well in the 2012 primary against Ben Lange. Rogers hails from more populous Black Hawk County, is a stronger fundraiser, and has more support from Republican elected officials.

The latest figures from the Iowa Secretary of State’s Office indicate that IA-01 contains 162,089 active registered Democrats, 136,128 Republicans, and 194,633 no-party voters.

Veterans Deserve Our Thanks More Than One Day a Year

(Bleeding Heartland welcomes guest diaries. Drahozal is one of three Democrats seeking to represent Iowa House district 99, which Pat Murphy is vacating to run for Congress. - promoted by desmoinesdem)

Today, we celebrate Veterans Day. The holiday is more than a day without mail and it is more than putting a “Support the Troops” magnet on our cars. It is a day that we go beyond symbolism and truly honor the men and women who have served us all.

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Weekend open thread: Where are they now?

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread. I’ve been catching up on some former state lawmakers, legislative candidates, and government officials.

As you may recall, Jeff Boeyink resigned this fall as Governor Terry Branstad’s Chief of Staff for a position with a lobbying firm. About ten days ago, the Iowa Ethics and Campaign Disclosure Board released an opinion at Boeyink’s request on how he can be involved in “government affairs” while Iowa’s two-year ban on former officials’ lobbying is in effect. More details on that opinion are after the jump.

After interviewing six candidates for a vacant seat on the Clive City Council, the remaining council members voted 4-0 to appoint Susan Judkins to the position. Judkins has lived in Clive since 2006. She was the Democratic nominee in Iowa House district 43 in 2012, losing to State Representative Chris Hagenow by just 23 votes. To my knowledge, no Democrat has announced plans yet to run against Hagenow in 2014.

Former Republican State Representative Renee Schulte lost her seat in 2012 to Art Staed, the Democrat she had defeated in 2008. Schulte is now consulting with the Iowa Department of Human Services on mental health reform. What was originally a six-month contract has been extended until the end of this year. Schulte recently ruled out running for Congress in the open first district.

Former Alaska Governor and Vice Presidential nominee Sarah Palin, unofficially known as “Half-Term” or “The Quitter,” was just in Des Moines for the Iowa Faith and Freedom Coalition’s fall fundraiser in Des Moines. Another Tea Party favorite, U.S. Senator Mike Lee of Utah, was a featured speaker. O.Kay Henderson posted the audio and highlights from Palin’s and Lee’s speeches at Radio Iowa. Throwback Phyllis Schlafly was honored at the Faith and Freedom Coalition event. How many Bleeding Heartland readers are old enough to remember Schlafly in her heyday, railing against the Equal Rights Amendment?

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Sherrie Taha's case for Iowa Secretary of Agriculture

Polk County Soil and Water Commissioner Sherrie Taha announced her candidacy for Iowa secretary of agriculture last month and has been appearing at Democratic events around the state in recent weeks. Her campaign is on Facebook here. To my knowledge, there isn’t a campaign website yet.

Taha’s central message is simple: “A healthy Iowa begins with healthy soil.” Protecting that soil will reduce input costs for farmers while producing cleaner water in Iowa and downstream. That basic truth seems to be lost on the incumbent Secretary of Agriculture Bill Northey. Despite evidence that Iowa’s world-class topsoil, a non-renewable resource, is “floating away” at an alarming rate, Northey has resisted any regulation aimed at reducing runoff into waterways. Instead, Northey promotes voluntary efforts, which may not be applied where they are most needed to keep topsoil in place. The incumbent also opposes any numeric standards which would indicate whether the state’s strategy to reduce water pollution from farms is working.

Taha will have an uphill battle against Northey, who was narrowly elected in 2006 and easily re-elected in 2010. The incumbent will have strong financial backing from interest groups that profit from current conventional agricultural practices. A far larger group of Iowans would benefit from Taha’s plan to do more to protect farmland and clean water. After the jump I’ve posted the introductory piece of literature from her campaign, which highlights her priorities and provides a short bio.

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Kevin Techau nominated for U.S. Attorney in Iowa's Northern District

The White House announced yesterday that President Barack Obama has nominated Kevin W. Techau for U.S. attorney in the Northern District of Iowa, based in Cedar Rapids. He would replace Stephanie Rose, whom the U.S. Senate confirmed last year as a federal judge in the Southern District of Iowa. Senator Tom Harkin had recommended Techau for the position and welcomed the nomination in a statement I’ve posted after the jump, along with the White House press release. Both contain short bios of the nominee.

Techau should have no trouble being confirmed by the Senate. He has worked as a litigator in private practice, as a federal public defender, and most recently as an in-house attorney for an insurance company. He also has extensive management experience as director of the Iowa Department of Inspections and Appeals and later Commissioner of the Iowa Department of Public Safety during Tom Vilsack’s administration. Techau has lived in central Iowa for many years but grew up in Marion, a suburb of Cedar Rapids.  

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Harkin yes, Grassley no as Senate approves ENDA

Ten Republicans joined all the Democrats present as the U.S. Senate approved the Employment Non-Discrimination Act by 64 votes to 32 (roll call). Ramsey Cox reported for The Hill,

Under the bill, the Equal Employment Opportunity Commission would enforce the new workplace rules. Small businesses with fewer than 15 employees would be exempt.

The legislation also contains language that exempts religious organizations.

The Senate on Thursday adopted an amendment from [Republican Rob] Portman that would prevent government retaliation against religious organizations that don’t hire someone because of sexual orientation or identity.

But Democrats rejected an amendment from [Republican Pat] Toomey that would have extended the religious exemption to any employer that is partially owned or funded by a religion or has religious affiliations – including universities.

Both Portman and Toomey voted for the bill. Iowa’s Republican Senator Chuck Grassley voted against the cloture motion to end debate on ENDA as well as against the bill itself. I have not seen any statement from Grassley’s office explaining why he opposes the bill. I will update this post if I see any new comment. House Speaker John Boehner has asserted that codifying workplace protections for LGBT Americans would generate “frivolous lawsuits” against businesses.

Iowa’s Senator Tom Harkin chairs the committee that moved this bill over the summer and has been one of its staunchest advocates. At the Iowa Democratic Party’s Jefferson-Jackson Dinner last Saturday, Senator Chuck Schumer hailed Harkin for allowing first-term Democratic Senator Jeff Merkley to be lead sponsor on the ENDA. Merkley is up for re-election in Oregon next year. After the jump I’ve posted Harkin’s floor speech from Monday’s session and a statement release after today’s vote.  

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Exclusive: Renee Schulte not running in IA-01

Former State Representative Renee Schulte of Cedar Rapids has decided against running for Congress in Iowa’s first district, she confirmed by telephone this morning. She said it’s “the right time to stay and continue to work” on implementing the mental health reform that was one of her key priorities as a state lawmaker. Schulte is helping to write new administrative rules as a consultant for the Mental Health Division of the Iowa Department of Human Services. Her contract runs through December.

Schulte added that while considering a Congressional bid, she was “not excited by the gridlock and lack of solutions at the federal level” and determined that she can “get more accomplished here” in Iowa. Who can argue after watching the government shutdown unfold last month?

Three candidates are already seeking the GOP nomination in IA-01: Cedar Rapids-based businessman Steve Rathje, Dubuque-based businessman Rod Blum, and State Representative Walt Rogers of the Waterloo/Cedar Falls area. One other Linn County candidate, former State Senator and Iowa Secretary of State Paul Pate, is expected to join the race as well.

Iowa wildflower Wednesday: Aster

For the second year in a row, I’m ending Bleeding Heartland’s wildflower series with pictures of asters. They are often the last wildflowers you see’ll in the fall, as some species continue to bloom even after several frosts, when most other plants have turned brown. The pictures after the jump were taken in late September, but within the past few days I’ve seen some white asters still in flower.

Iowa wildflower Wednesday will resume in the spring, whenever I manage to take some pictures of early bloomers such as skunk cabbage, trillium, or pasque flower.

This is an open thread: all topics welcome.

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Fighting to End Discrimination: Demand Action on ENDA

(Bleeding Heartland welcomes guest diaries by Democratic candidates. Here's a list of Iowa House members who voted for this bill in 2007. - promoted by desmoinesdem)


It may surprise many that in 2013, in some places in America, you can still be fired from your job simply because of who you are or who you love. But it’s

true. And because of dysfunction and backwards thinking in Washington, that injustice may continue.


On Monday, the U.S. Senate overcame a procedural hurdle and set up a crucial vote to pass the Employment Non-Discrimination Act (ENDA) later this week – 17

years after it was first introduced. In an era when the two parties agree on nothing, to have both Democrats and Republicans voting yes on ENDA in the

Senate should send a message that we all agree it’s time for this injustice to end. But incredibly, Speaker Boehner and the House Republicans vowed to

continue the fight against what’s right.


Five years ago, we passed a very similar law in Iowa, and it is time the rest of the country caught up. Believe me, I know the process can be messy, but I

offer this look back on how we passed the civil rights expansion in 2007 as proof that our shared faith in the right to equality is a powerful thing, and

the fight is worth it.

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Chris Christie presidential prospects discussion thread

Yesterday’s election results were ideal for New Jersey Governor Chris Christie’s presidential ambitions. He won re-election by an enormous 60.5 percent to 38 percent margin.

In a state where Democrats outnumber Republicans by over 700,000, Mr. Christie won decisively, making impressive inroads among younger voters, blacks, Hispanics and women – groups that Republicans nationally have struggled to attract.

The governor prevailed despite holding positions contrary to those of many New Jersey voters on several issues, including same-sex marriage, abortion rights and the minimum wage, and despite an economic recovery that has trailed the rest of the country.

Meanwhile, hard-right Republican Ken Cuccinelli lost the Virginia governor’s race to a very unappealing Democrat, Terry McAuliffe.  

Mainstream Republicans and pundits will draw the obvious conclusion: to have a shot at winning the presidency in 2016, the GOP needs someone who doesn’t put social issues front and center, someone who can win in a blue state. Christie will lead the Republican Governors Association next year, giving him more access to big donors across the country. He’s already got a fan club among prominent Iowans on the GOP’s business wing.

My hunch is that despite yesterday’s elections, the GOP base will still demand someone more conservative than Christie in the 2016 presidential primaries. If he does become the nominee, I wouldn’t jump to the conclusion that he could win electoral votes in blue states. His opponent in the governor’s race was third-tier. At least two exit polls taken yesterday indicated he would lose his own state to Hillary Clinton in a presidential contest. He didn’t have any coat-tails, as New Jersey Democrats held all their state Senate seats.

What do you think, Bleeding Heartland readers? UPDATE: Added comments from Bob Vander Plaats below. SECOND UPDATE: Added comments from other social conservatives below.

THURSDAY UPDATE: Added comments from Representative Steve King. He and Christie go way back.  

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Iowa local election results discussion thread

Polls closed at 8:00 pm across Iowa. What local elections are you following tonight, Bleeding Heartland readers?

Polk County voters appear to have approved Public Measure A to fund improvements to the county court system. UPDATE: With all precincts reporting, “yes” on A has 21,702 votes (67 percent) to 10,611 votes (33 percent) for “no.”

With 65 of 71 precincts reporting, Des Moines at-large City Council member Skip Moore has 7,720 votes, while challenger Chris Diebel has 4,725 votes. Incumbent Chris Hensley has been re-elected in the third ward, and in the open first ward, Bill Gray has a lead over Sean Bagniewski, the candidate preferred by many progressives and labor activists.

UPDATE: Windsor Heights results are in: for the first time I can remember, all of the candidates I supported won! Longtime city council member Diana Willits won the open race for mayor (Jerry Sullivan retired). Diana is one of the few Republicans I’ve consistently voted for over the years. Unofficial results for city council indicate that the winners were incumbent Betty Glover (whom I didn’t support) and candidates Steve Peterson and Tony Timm (for whom I voted). Peterson is a former city council member and was the Joe Biden precinct captain in Windsor Heights 2 in 2008. Timm is the executive director of the largest homeless shelter in Des Moines.

SECOND UPDATE: By a 2-1 margin, Iowa City voters upheld the city ordinance keeping 19 and 20-year-olds out of bars. The Iowa City council results will be a disappointment to those who were hoping to elect more progressives in the “people’s republic.”

THIRD UPDATE: Looks like the incumbents were re-elected in Coralville, a big loss for the Koch brothers’ group Americans for Prosperity.

FOURTH UPDATE: Two local officials who are running for the state legislature as Republicans lost yesterday. Royce Phillips was a city council member in Tiffin and is a candidate for the open Iowa Senate district 39. Mark LeRette was a city council member in Muscatine and is a candidate for the open House district 91.

Cedar Rapids voters re-elected Mayor Ron Corbett. An ten-year extension of the local-option sales tax also passed easily in the Cedar Rapids metro area.

Des Moines City Council: Skip Moore's and Chris Diebel's case to voters

I can’t remember a local race that’s been more divisive for central Iowa Democrats than the Des Moines at-large City Council contest between Skip Moore and Chris Diebel. (That includes Ed Fallon’s challenge to Leonard Boswell in the 2008 Democratic primary to represent IA-03. In that race, the whole local establishment was on Boswell’s side.) I’ve been meaning to post an update on the city council race for the past week, but frankly, I wanted to avoid sparking a flamewar like some of the Facebook threads I’ve seen.

The early returns tonight indicate a big victory for Moore.

After the jump I’ve posted examples of positive and negative messages from the Diebel and Moore campaigns, along with one of the direct-mail pieces the National Association of Realtors Fund sent to Des Moines residents. The realtors’ group appears to be polling voters to gauge whether their mailing and radio ads have helped Diebel. During the last couple of days, several of my acquaintances in Des Moines have received telephone polls that asked them why they were supporting the candidate of their choice, and whether Diebel’s mail or the realtors’ mail affected their vote.  

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Vote yes on Polk County Public Measure A

Local elections take place across Iowa today. Polls opened at 7 am and will be open until 8 pm. If you have an absentee ballot, don’t put it in the mail today: hand-deliver it to your county auditor’s office, or it won’t count.

The mayoral and city council elections in Coralville have drawn national attention because of spending by Americans for Prosperity, a Koch brothers operation. John Deeth has posted about the Coralville and Iowa City contests, particularly Iowa City’s vote on repealing an ordinance that prohibits 19- and 20-year-olds from hanging out in bars.

The at-large Des Moines City Council race between Skip Moore and Chris Diebel has turned into the most divisive local election I can remember for Democrats here. Later today I have a post coming on that campaign.

Polk County residents will vote today on Public Measure A, a Public Safety & Judicial System Bond to fund courthouse renovations and other improvements. After the jump I’ve posted a few reasons to vote yes on this ballot measure.

UPDATE: The bond passed by 67 percent to 33 percent according to unofficial returns. 60 percent was needed for passage.

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Iowans split on symbolic debt ceiling votes

Little-known fact: the deal that ended the government shutdown in mid-October did not technically involve a Congressional vote to raise the country’s debt ceiling. Rather, it allowed President Barack Obama to suspend the debt ceiling until February 7, unless both chambers of Congress passed motions disapproving of the action. The compromise enabled Republicans to put themselves on record opposing any further increase in the debt limit without pushing the U.S. into default. As Susan Davis explained in USA Today, even if a disapproval motion cleared the House and Senate, the president “would presumably veto it, putting the burden on Congress to find veto-proof majorities to override it – a near-impossible outcome […].”

Last week both chambers considered identical disapproval resolutions, drafted by Republicans. Supporters of the resolution asserted that they were not voting for default, just trying to send a message that “We have to get our debt under control.” When the Senate considered the resolution on October 29, all 45 Republicans present voted yes, including Iowa’s Chuck Grassley. But it failed to pass as all 54 members of the Democratic caucus voted no, including Iowa’s Tom Harkin.

The House took up the resolution the following day and passed it by 222 votes to 191 (roll call). Only a few representatives crossed party lines on the vote. Iowa’s House members split as one would expect: Republicans Tom Latham (IA-03) and Steve King (IA-04) went on record against “the President’s exercise of authority to suspend the debt limit,” while Bruce Braley (IA-01) and Dave Loebsack (IA-02) opposed the resolution. I have to laugh at Latham’s faux-statesmanship, voting for the deal that averted default before turning around and voting against the presidential action that averted default.

I’m with those who would make this phony “disapproval” exercise a permanent replacement for Congressional votes to raise the debt ceiling. A symbolic gesture is a small price to pay to avoid future hostage-taking scenarios.  

Iowans split as House votes to reduce limits on derivatives trading

Catching up on news from last week, the U.S. House voted 292 to 122 to undermine part of the Dodd-Frank financial reform law. Cheyenne Hopkins reported for Bloomberg that H.R. 922

would upend the 2010 law’s pushout provision by allowing trades of almost all types of derivatives by lenders with access to deposit insurance and discount borrowing. […]

Lawmakers included the original measure as a way to limit risk-taking by banks that got federal bailouts during the 2008 credit crisis. The pushout provision was faulted by banks and also by regulators including Federal Reserve Chairman Ben S. Bernanke, who expressed concern that it could drive swaps trading to less-regulated entities.

All but three Republicans present voted for this bill, joined by 70 Democrats. Iowa’s Tom Latham (IA-03) was a yes, while Steve King (IA-04) did not vote. Meanwhile, Bruce Braley (IA-01) and Dave Loebsack (IA-02) voted against the bill, as did most of the Democratic caucus. I did not see any public comment on this bill from any of Iowa’s four representatives. During the floor debate on October 30, Democrat Collin Peterson of Minnesota warned,

“This bill would effectively gut important financial reforms and put taxpayers potentially on the hook for big banks’ risky behavior,” Peterson said. “The provision is a modest measure designed to prevent the federal government for bailing out or subsidizing bank activity that is not related to the business of banking.”

Peterson also noted that under current law, banks can still perform about 90 percent of the swaps hedges they were able to perform before Dodd-Frank.

Sounds like Braley and Loebsack made the right call. A White House statement argued against the bill as “premature” and possibly “disruptive,” but did not threaten a presidential veto.

LATE UPDATE: Iowa’s representatives also split on party lines when the House approved the so-called Retail Investor Protection Act on October 29.

The bill prevents the Department of Labor from issuing rules under the Dodd-Frank financial reform act that describes when financial advisors are considered a fiduciary, which means they must must work in their clients’ best interest. Under the bill, Labor would have to wait until the Securities and Exchange Committee (SEC) acts first in this area.

Alicia Munnell explained here why that Republican-backed bill was “fundamentally misconceived.”

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U.S. Senate finally on verge of approving ENDA (updated)

Senator Tom Harkin promised Iowa Democrats Saturday night that the U.S. Senate would soon approve the Employment Non-Discrimination Act (ENDA) to protect the workplace rights of LGBT Americans. Today a fifth Republican senator indicated that he will vote for the ENDA. Those five plus the 55 members of the Democratic caucus (including newly sworn-in Cory Booker of New Jersey) will give supporters the 60 votes needed to break the inevitable Republican filibuster. President Barack Obama has called on Congress to pass the law.

Passing ENDA was a priority for Senator Ted Kennedy, the longtime chair of the Senate Health, Education, Labor & Pension committee Harkin now leads. In 1996, an earlier version of this legislation fell just short of passage on the Senate floor. Harkin voted yes, while Iowa Republican Chuck Grassley voted no. In recent years, most Congressional Democrats have supported a version of ENDA that protects transgender employees as well as gays, lesbians, and bisexuals. Such a bill passed the U.S. House in 2007 but died in the Senate.

More details on the current bill’s provisions are after the jump. House Speaker John Boehner opposes ENDA and would be unlikely to put it to a vote in the lower chamber.

UPDATE: On Monday night the Senate approved a motion to proceed with debating the bill by 61 votes to 30 (roll call). Grassley was one of the 30 Republicans who attempted to filibuster. After the jump I’ve posted a video of Harkin’s floor statement supporting ENDA, which he called “another step in the direction of opening America up and making our society more inclusive rather than exclusive.”

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