New abortion restrictions could stall in the Iowa House

Iowa Republicans vowed late last year to pass new abortion restrictions modeled on a Nebraska statute which in effect bans the procedure after the 20th week of gestation. Abortions are already illegal in Iowa after the sixth month of pregnancy except if a doctor believes the procedure could “preserve the life or health” of the pregnant woman. The new bill, House File 5, asserts that an “unborn child” can experience pain after the 20th week of gestation and bans abortions after that time unless “The pregnant woman has a condition which the physician deems a medical emergency” or “It is necessary to preserve the life of the unborn child.”

Very few abortions are performed in Iowa after the 20th week of pregnancy. In 2006 just nine out of more than 6,700 abortions occurred at the 21th week of gestation or later. Of the 5,829 abortions performed in Iowa in 2009, only six were induced after the 20th week. However, Republicans want to prevent Dr. LeRoy Carhart from opening a clinic in Council Bluffs to serve women seeking abortions after 20 weeks. Carhart had worked with Dr. George Tiller in Wichita, Kansas for more than a decade but moved to Omaha after Tiller’s assassination in 2009. The new Nebraska law prompted Carhart to close his Omaha clinic. Last month he began working at a Maryland clinic.

Iowa House Republican leaders have expressed confidence about passing new abortion restrictions. They have a 60 to 40 majority with no pro-choice members of their caucus. I believe this legislation could pass the Iowa Senate, because unlike the 1980s and 1990s, there are no longer any pro-choice Republicans to cancel out the votes of Democrats supporting more restrictions on reproductive rights. Governor Terry Branstad would be eager to sign any anti-choice bill.

However, Craig Robinson reported yesterday that House File 5 lacks the votes to clear the Iowa House Human Resources Committee. Two of the most conservative first-term GOP legislators, Kim Pearson and Glen Massie, serve on that committee and oppose the bill, presumably because it would not go far enough to restrict abortions. Without their support, Republicans can count on only 10 votes in the 21-member committee. According to Robinson, Iowa Right to Life, the Iowa Catholic Conference, and the Iowa Faith and Freedom Coalition all support House File 5. But the FAMiLY LEADER organization led by Bob Vander Plaats and others from the Iowa Family Policy Center oppose the bill.

Pearson and Massie will face tremendous pressure to change their position. I wouldn’t be surprised if they vote for House File 5 after all. But if they resist carrots or sticks Republican leaders wave at them, the bill could be dead for the 2011 session.

Speaking of reproductive rights, no one in the House Republican caucus seems to realize that the family planning spending cuts in House File 45, which passed the chamber on January 19, would likely increase the number of early abortions performed in Iowa. It’s sadly typical for anti-choice politicians to oppose effective means to prevent unintended pregnancies.

UPDATE: The Des Moines Register’s Jason Clayworth posted a good rundown on the GOP split over this bill.

Another poll shows Huckabee's the one to beat in Iowa

A third poll this month finds former Arkansas Governor Mike Huckabee with an early lead among Iowans likely to participate in the 2012 Republican caucuses. James Q. Lynch brought the latest poll to my attention. Strategic National surveyed 410 Republican Iowa caucus-goers on January 18 about their preferences for the next presidential campaign. Huckabee led the field with 27.5 percent, followed by former Massachusetts Governor Mitt Romney with 18.5 percent, 17.6 percent undecided, 12.4 percent for former Alaska Governor Sarah Palin, 12.2 percent for former House Speaker Newt Gingrich, 4.4 percent for former Minnesota Governor Tim Pawlenty, 3.7 percent for Representative Michele Bachmann, 1.95 percent for Senator John Thune, just under 1 percent for former Senator Rick Santorum, and 0.24 percent for Mississippi Governor Haley Barbour.

Strategic National has worked for various Republican candidates, but I know nothing about the Michigan-based consulting firm as a pollster. I wonder whether “410 Republican Iowa caucus voting answers” means 410 people who said they will go to the GOP caucuses in 2012, or 410 people who have caucused in the past, or whether some other likely voter screen was used.

Earlier this month, Public Policy Polling and Neighborhood Research both found Huckabee leading Iowa Republican caucus-goers, with Romney in second place.

My hunch is that Huckabee won’t run for president in 2012, for reasons I discussed here. Also, his 2008 campaign manager Chip Saltsman just took a job on the Hill, although Saltsman says he would be available if Huckabee runs for president again.

If Huckabee decides to challenge Obama, he’ll probably get in the race late. Iowa caucus-goers aren’t known for rewarding late starters, but Huckabee already has high name recognition here. In addition, a large portion of GOP caucus-goers have a conservative evangelical orientation. Strategic National’s poll found that nearly 68 percent of respondents said the earth was created in six days, and 45 percent agreed that the earth is about 10,000 years old.

House votes to repeal health reform, Branstad completes flip-flop

The House of Representatives passed a bill today on “Repealing the Job-Killing Health Care Law Act” by a vote of 245 to 189. Iowa’s delegation split along the usual party lines: Democrats Bruce Braley (IA-01), Dave Loebsack (IA-02), and Leonard Boswell (IA-03), who voted for the Affordable Care and Patient Protection Act last year, voted against repeal. Republicans Tom Latham (IA-04) and Steve King (IA-05) voted against health insurance reform last year and for repealing it. King was delighted: “100% of my language to repeal 100% of ObamaCare just passed the House with 100% Republican support = 100% great day 4 the USA!” Press releases from Braley, Loebsack, Boswell, Latham and King are after the jump. Latham’s statement mentions the main points of the “replacement health care legislation” House Republicans are drafting.

Various groups and politicians have issued statements warning that many Americans will be hurt by repealing the health insurance reform. I’ve posted a few of those after the jump too, but I wouldn’t lose any sleep worrying about that just now. Repeal is a dead letter at least through 2012 and could advance in 2013 only if Republicans capture the U.S. Senate and defeat President Barack Obama.

I found it interesting that only three House Democrats voted for today’s repeal bill, even though 13 current members of the Democratic caucus voted against health insurance reform in the last Congress. Good whipping by Nancy Pelosi and Steny Hoyer, or recognition that popular support for repeal may be declining?

Here in Iowa, Governor Terry Branstad announced on January 18 that he joined the state of Florida’s lawsuit challenging the constitutionality of health insurance reform:

“I am signing on to this suit as the governor on behalf of the people of Iowa, because I believe Iowa taxpayers deserve to be heard on this critical matter,” Branstad said in a statement. “As we begin constructing our five-year budget, there is no doubt that the current federal health care law will shackle Iowa taxpayers for billions in unfunded mandates.”

The suit challenges the individual mandate of the health care reform law, as well as the expansion of Medicaid, the state-federal health insurance program for low-income people, said Branstad spokesman Tim Albrecht.

Branstad’s action is purely symbolic. The case will be litigated no matter how many states sign on as plaintiffs, and if the law is ruled unconstitutional, all states will be affected, not just those that joined the suit. Though I’m not an attorney, it seems that a whole lot of federal laws would have been struck down over the years if unfunded mandates really were unconstitutional.

Legal experts disagree over whether the Commerce clause gives Congress the power to require individuals to purchase health insurance reform.

Politically, Branstad’s opposition to health insurance mandates will boost his standing with the Republican base. They don’t really mind “activist judges,” and they won’t remember that Branstad advocated for a mandate to purchase health insurance as recently as 2007. (He explained why here.) The governor’s legal counsel, Brenna Findley, made the case against the individual mandate a central argument in her campaign against Attorney General Tom Miller last year. Miller supports the federal health insurance reform and has said the law is “heavily on the side of constitutionality.”

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Iowa GOP would ban civil unions as well as same-sex marriage

Nearly the entire Iowa House Republican caucus is co-sponsoring House Joint Resolution 6, a constitutional amendment that would ban not only same-sex marriages, but also civil unions and domestic partnerships for same-sex couples in Iowa. The bill was introduced today, although the text of HJR 6 is not yet available on the legislature’s official website.

Fifty-six of the 60 Republicans in the Iowa House are listed as sponsors of the bill. No Democrats have signed onto the bill as a sponsor.

Rep. Dwayne Alons, R-Hull, is leading the resolution and said he offered it to all Republicans to sign as sponsors as well as some Democrats.   Democrats and the four Republicans declined to sign this version, he said.

The four Republicans who declined to sign are Reps Steve Lukan of New Vienna, Peter Cownie of West Des Moines, Scott Raecker of Urbandale and David Tjepkes of Gowrie.

Cownie told the Des Moines Register’s Jason Clayworth that he plans to vote for the bill on the House floor, and I assume Lukan, Raecker and Tjepkes will too.

Once upon a time, Republicans pretended they didn’t mean to write discrimination into the state constitution, they only wanted to protect a traditional definition of marriage. I’m “shocked, shocked” to learn that Republicans want not only to exclude some couples from civil marriage, but also to foreclose any legal recognition of or protection for same-sex relationships.

That position clearly does not reflect popular opinion in Iowa. Even before the Varnum v Brien ruling, a Hawkeye poll conducted in March 2009 found that 26 percent of Iowans supported same-sex marriage rights and another 28 percent supported civil unions, while just 37 percent opposed any legal recognition of same-sex relationships and 9 percent did not know. An Iowa poll this month by Public Policy Polling did not ask about civil unions but found that 41 percent of respondents supported same-sex marriage rights. In the same poll, 52 percent of respondents said same-sex marriage should not be legal, but presumably a significant portion of that group would back civil unions or some form of legal protection.

Senate Majority Leader Mike Gronstal has said he will block any marriage amendment from coming to a vote in the upper chamber, so Iowa House approval is probably the end of the road for House Joint Resolution 6 this session. If the GOP wins an Iowa Senate majority in 2012, this kind of amendment would likely pass in 2013. Republicans would have to hold both chambers of the legislature and pass the bill again in 2015 or 2016 in order to get a marriage amendment on the November 2016 ballot. A simple majority of yes votes would be needed to approve the amendment.

One Iowa is urging supporters of marriage equality to contact their state representatives and senators immediately. It might be worth mentioning that New Hampshire Republicans, who control both chambers of the legislature, have decided not to try to repeal same-sex marriage rights this year. The GOP leader of the New Hampshire House, D.J. Bettencourt, has said “social issues must take a backseat” to legislation focused on jobs and the economy.

UPDATE: Alons showed the logical reasoning skills that make him one of Iowa’s most clueless legislators when speaking to the Des Moines Register yesterday:

“I think the biggest issue is that if that (a same-sex marriage ban) is carried forward, and then Iowa does civil unions and recognizes that as a substitute status, then, from what I’ve seen in other states,” people would come to consider same-sex civil unions as equal to marriage, Alons said.

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Republican Whitver wins Iowa Senate district 35 special

Republican Jack Whitver won today’s special election to represent Iowa Senate district 35, covering most of northern Polk County. With two-thirds of the precincts reporting, unofficial results show Whitver with more than 60 percent of the votes against Democrat John Calhoun. UPDATE: With 31 of 32 precincts reporting, Whitver had 4,771 votes (63.5 percent) to 2,739 (36.4 percent) for Calhoun. The result isn’t surprising given the GOP advantage in voter registration in this fast-growing district. Republican Larry Noble won a hard-fought race in Senate district 35 in 2006 (a Democratic wave year) and was unopposed for re-election in 2010. He resigned from the Senate after Governor Terry Branstad chose him to lead the Department of Public Safety.

A former Iowa State University football player, Whitver coaches for the Iowa Barnstormers arena football team, attends Drake University law school and owns a sports training business. He has promised to serve only two terms in the Senate.

Whitver’s victory means that barring any more special elections, Democrats will hold a 26-24 majority in the Iowa Senate during the 2011 and 2012 legislative sessions.

Speaking of the upper chamber, I learned today that only one attorney is currently serving the Iowa Senate. That’s the lowest number of lawyers the body has ever had, according to Iowa Lawyer magazine, a publication of the state bar association. Click here or look after the jump for the name of that lone attorney senator. Of the 100 representatives now serving in the Iowa House, 15 are attorneys.

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Thoughts on Branstad's voting rights executive order

On his first day back in office, Governor Terry Branstad rescinded Governor Tom Vilsack’s 2005 executive order on felon voting rights as well as Governor Chet Culver’s 2010 order on project labor agreements. By prohibiting project labor agreements on public works projects involving state funds (executive order 69), Branstad will drive down wages and help contractors that don’t hire unionized workers.

Branstad defended his voting rights directive (executive order 70) as a way to protect crime victims while recouping more fines and court costs. However, the main impact will be to shrink the Iowa electorate. Follow me after the jump for more background and analysis.  

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Five links for Martin Luther King, Jr. Day

Happy Martin Luther King, Jr. Day to the Bleeding Heartland community. Here are some links I enjoyed today.

Mother Jones put together a slide show on how we got this holiday, with photos of those who helped, and those who stood in the way.

Here are a couple dozen quotes from the civil rights leader.

Listen here as MLK explains, “Why I Am Opposed to the War in Vietnam.”

The AFSCME blog compiled some of MLK’s comments about labor.

Susannah Heschel describes the relationship between Dr. King and her father, Rabbi Abraham Joshua Heschel.

This is an open thread.

UPDATE: Hmmm.

The 22nd annual event hosted by the Iowa Department of Human Rights and the Iowa Commission on the Status of African Americans took place this morning at the Iowa Historical Building. Branstad was scheduled and listed in the program as signing a proclamation as well as delivering an address.

Branstad arrived around 10:40 a.m., signed the proclamation and made a few statements.  He was then overheard apologizing to some of the event organizers, saying he was too busy to give the address, noting that this is one of his first days in office. Branstad was sworn in Friday.

Branstad then took a few questions from the press before he and Lt. Gov. Kim Reynolds left.

Tim Albrecht, a spokesman for the governor, said Branstad was in meetings today that weren’t open to the public.

Wonder who he made time for on the holiday.

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Branstad starting term with net negative approval rating?

Governor Terry Branstad defeated Chet Culver by more than 100,000 votes in November, but Public Policy Polling found no signs of a honeymoon in their survey of 1,077 Iowa voters between January 7 and 9:

Despite defeating Chet Culver and returning to office by a 53-43 margin in November, Terry Branstad is no more popular than his predecessor. Iowans disapprove of Culver’s four-year record, 41-46, but they are also down on Branstad, 40-44. The two post almost identical numbers with independents, and are equally polarizing across party lines.

PPP’s Tom Jensen comments,

Only 64% of Republicans like [Branstad], a lower number than you would expect and perhaps an indicator of some residual animosity toward him from his closer than expected primary contest. He unsurprisingly has little support from Democrats, only 18% of whom have a favorable opinion of him, and independents split 45/35 against him as well. […]

So if voters don’t like Branstad that much, you might ask, how did he still win by such a healthy margin? Well they certainly don’t think much of outgoing Democrat Chet Culver either. Only 41% of voters approve of the work he did as Governor to 46% who disapprove. Voters who didn’t like either Branstad or Culver likely went overwhelmingly for the challenger on the premise that he would at least take things in a different and possibly better direction.

I would add that PPP was polling all Iowa voters this month, but the group of voters who turned out in November skewed Republican. The statewide statistical report (pdf file) shows that the total number of Iowans who cast ballots in the midterm (1,121,175) was just under 53 percent of all registered Iowa voters. However, GOP turnout was nearly 69 percent (of 646,396 registered Republicans, 445,829 voted), while Democratic turnout was only 56.5 percent (of 698,227 registered Democrats, 394,252 voted). Republicans may not all like Branstad, but they at least viewed him as the lesser evil.

The PPP poll suggests that Branstad does not return to the governor’s post with a popular mandate for his ideas. That should stiffen the spines of Iowa Senate Democrats during this year’s legislative session.

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Events coming up during the next two weeks

Tuesday is shaping up to be the big day in Iowa politics this week, with a special election to fill a state Senate seat and a public hearing on the first bill to clear a House committee during the 2011 session.

Details on those and other events are after the jump. Activists and politicians, send me your public schedule so I can add the information to these calendars.

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Weekend open thread: Sportsmanship edition

My family attended a Des Moines Buccaneers hockey game this weekend for the first time this season. It was an exciting game: Bucs won 3-2 in overtime after blowing 2-1 lead with 58 seconds left in the third period. The only thing I disliked about the evening was the diehard fans who felt the need to boo and taunt the other team repeatedly. We’re trying to set good examples for our kids, and some guy a few rows down is all, “You suck!” “You still suck!” “Why do you suck?” the whole game. Grow up and just cheer for your own team, man.

Near the beginning of his inaugural address on Friday, Governor Terry Branstad got in a little dig at Chet Culver: “Even though Governor Culver is not with us today, I want to thank him on behalf of Iowans for his service.” It would have been a nice touch, had he mentioned even one thing Culver did that made Iowa a better place. Since he didn’t thank his predecessor for any specific accomplishment, it looked to me like Branstad was just calling attention to Culver’s absence. I don’t know whether Culver declined to attend the inauguration before or after Branstad decided not to attend Culver’s final address to the state legislature, nor do I care. However, I would be curious to read the hand-written note Culver left in Branstad’s desk.

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

UPDATE: I didn’t watch the Miss America pageant Saturday night, but apparently when contestants were asked to provide a “pithy” sentence about their state, Miss Iowa said this: “Leading the state in ethanol production, my state gives you gas.” And that wasn’t even the worst of them.

Wisconsin GOP Chair Priebus elected RNC chairman

It took seven ballots, but front-runner Reince Priebus (pronounced “ryns pree-buhs”) finally won today’s election to chair the Republican National Committee. Priebus led on every ballot.

Still, Priebus faced major hurdles from the start, not least of which because of his proximity to Steele himself, who had become deeply unpopular on the committee. In 2009, Priebus was Steele’s closest advisor and biggest backer; Steele appointed Priebus general counsel after winning, and Priebus spent much of the next two years defending Steele and comforting upset members. Opponents used that connection to imply Priebus would run the committee like his predecessor, a charge Priebus spent much of his time denying.

Even when he served as Steele’s close advisor, Priebus was able to maintain good relations with the RNC membership. He enjoyed early support from both Steele allies and detractors, building a coalition that, once Steele dropped out, grew to become insurmountable. […]

Priebus also denied Steele the chance at another two years on the job. The once-close relationship has frayed since Priebus began contemplating a run for the top job, and Steele endorsed [Bush administration official Maria] Cino as he dropped out.

Priebus chaired the Wisconsin GOP during the latest election cycle, when the party made huge gains. Iowa’s Republican National Committeeman Steve Scheffler became an early Priebus endorser, later followed by Iowa Committeewoman Kim Lehman. Our state’s third RNC member, Iowa GOP Chair Matt Strawn, backed Gentry Collins, then switched to Saul Anuzis of Michigan after Collins ended his bid to replace Steele.

Political Correction posted background information on Priebus here.

House Speaker John Boehner had tried to drum up votes for Cino, who most recently has lobbied for a major pharmaceutical company. She had other influential Republican supporters, but on the final ballot got only 28 votes, to 97 for Priebus and 43 for Anuzis.

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Branstad inauguration thread

Terry Branstad begins his fifth term as governor this morning. Iowa Public Television is live-streaming the inauguration and will broadcast the event statewide tonight at 8:30 pm.

My liveblog begins after the jump. I’ve got another post in progress on Branstad’s latest appointments and policy statements. Share any thoughts about the changeover in this thread. I have to hand it to the Republicans who recruited Branstad back into political life. I believe no one else could have beaten Bob Vander Plaats in the GOP primary, and Governor Chet Culver probably could have beaten Vander Plaats even in a year as bad as 2010.

Culver shared a few thoughts with Radio Iowa yesterday:

“Leaving the governor’s office is awkward,” Culver said during an interview with Radio Iowa, laughing before he added: “It’s hard for any governor including, I guess, the Branstads.  It’s the best job in the world.” […]

Culver cleared out his desk in the statehouse late Wednesday, finding the letter Governor Tom Vilsack wrote to him in 2007. “(The letter was) very kind and thoughtful,” Culver said. “…It’s something I’ll always cherish and now, appropriately, put in a scrapbook rather than burying it in my desk.”

It is tradition for the exiting governor to leave a note behind for his successor and Culver plans to leave a hand-written letter in the desk Branstad will now use.

Culver has said he hopes to land a job in the renewable fuels industry and he vows he’s been putting an ethanol blend in the tank of the used pickup he bought last week.

Culver isn’t attending the inaugural, just as Branstad didn’t attend Culver’s final condition of the state speech to the Iowa legislature on Tuesday. This week the two camps traded accusations about who rejected whose invitation first.

UPDATE: Here’s Governor Branstad’s new official website.

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Democrats fighting to save preschool funding

The preschool program will be at the center of Democratic opposition to a “deappropriations” bill the Iowa House Appropriations Committee approved this week. Republicans say House Study Bill 1, which has been renamed House File 45, would save $500 million over three years. Nearly a third of that total would come from eliminating the statewide voluntary preschool program for four-year-olds (estimated to cost $69.9 million in fiscal year 2012 and $75.1 million in fiscal year 2013). Click here for a summary listing the budget cuts and supplemental appropriations in House File 45.

On January 13, House Democrats launched a website to help mobilize Iowans who value the long-term benefits of preschool. Ending the program could affect 20,000 children across the state. This chart (pdf file) shows the preschool enrollment for four-year-olds and cost to the state for each school district. For instance, in the Des Moines area there are 1,335 children enrolled in the preschool program through the Des Moines Community Schools, 235 in the West Des Moines school district, 208 in Johnston, 207 in Southeast Polk, 163 in Norwalk, 147 in Urbandale, and 122 in Ankeny. In the Cedar Rapids area, 473 children are enrolled in preschool through the Cedar Rapids school district and 175 in Linn-Mar.

A public hearing on House File 45 will take place Tuesday, January 18 from 6:30 p.m. to 8:30 p.m. in the House chambers at the capitol. Only 40 people will be allowed to speak, but any Iowan can send written comments on the bill to lioinfo AT legis.state.ia.us, with “testimony” in the e-mail subject line. House Democrats are also asking members of the public to post comments at the Save Preschool site.

Statehouse Republicans and incoming Governor Terry Branstad want to replace the preschool program with a voucher system geared to low-income families. However, many middle-income families in Iowa are also unable to afford preschool, which can easily cost $700 to $800 per month. If state assistance for middle-class families disappears, many preschools could close for lack of students.

It’s unfortunate that preschool became a partisan issue in Iowa. A Pew Center on the States report published last month found, “Despite persistent budget shortfalls, the majority of state legislatures have once again made the prudent decision to protect pre-k programs.” In addition, more than a dozen states “with control of the executive and legislative branches split between the two major parties” nevertheless “protected their pre-k investments from budget cuts.”

Iowa Board dismisses complaint on Planned Parenthood's telemedicine

The Iowa Board of Medicine has dismissed a complaint regarding Planned Parenthood of the Heartland‘s use of telemedecine to provide abortions:

The system, the first of its kind in the nation, allows a physician in Des Moines to deliver the pills to patients in remote clinics around the state. After speaking to a patient for a few minutes via videoconferencing, the doctor pushes a computer button that opens a drawer in front of the patient. The patient reaches in the drawer to retrieve the pills, then takes the first dose while the doctor watches. She then takes the rest of the pills at home, where she has an induced miscarriage.

The national anti-abortion group Operation Rescue complained to Iowa regulators that the system broke state law, which says abortions may only be performed by a physician. The group said the remote-control method did not meet the requirement. Planned Parenthood of the Heartland leaders said that the method was legal, and that Operation Rescue was looking for any excuse to limit women’s access to abortion services.

The Des Moines Register posted the letter from Iowa Board of Medicine Executive Director Mark Bowden to Operation Rescue. Excerpt:

After a thorough investigation and careful review of the investigative materials obtained in this matter, the Board voted to close the file Without taking disciplinary action against Dr. Haskell. Although this may not be the outcome you were seeking, you can be assured that your complaint was investigated and the Board reached its decision after full review of the investigative record. […]

The Board’s primary responsibility is to protect the public by ensuring that physicians provide appropriate medical care to patients. The Board takes seriously all complaints it receives.

Republican lawmakers have vowed to push legislation restricting abortion access during the Iowa legislature’s 2011 session, which started this week. One bill likely to pass the Iowa House will be modeled on a Nebraska statute that bans abortions after the 20th week of gestation. Some representatives also want to ban abortions via telemedecine, and Governor-elect Terry Branstad has said he wants that practice to be discontinued. That could force many Iowa women to travel great distances to a clinic providing surgical abortion or a drug that induces abortion.  

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Poll finds Obama leading Republicans in Iowa

Public Policy Polling’s latest Iowa poll finds President Barack Obama ahead of four potential Republican opponents among 1,077 Iowa voters surveyed between January 7 and 9.

Yesterday’s release showed Mike Huckabee and Mitt Romney as the leading Republicans in the early caucus race for 2012, and if the election were today, those two are the only ones who would give Obama a bigger run for his money than McCain did two years ago. Obama tops Huckabee by a slender 47-43 margin, and Romney by 47-41. But against Newt Gingrich, he would prevail, 51-38, and by 53-37 over Sarah Palin.

The difference comes with independents, who make up a full quarter of the electorate, with Democrats and Republicans splitting the rest evenly. Obama has a significant party- unity advantage against all four Republicans, taking 86-91% of his own party and holding each of them to 67-79% of the GOP. But while he leads with unaffiliated voters by a 49- 34 margin over Gingrich and 49-38 over Palin, he actually trails Huckabee, 41-42, and leads Romney only 40-38. Huckabee and Romney do also hold Obama’s crossover support down. While he takes 13% of Republicans to Gingrich’s 5% of Democrats and 17% of Republicans to Palin’s 6% of Democrats, the split against Huckabee is only 10-7, and 11-9 against Romney.

Click here for the summary and here for the full polling memo (pdf). The poll’s margin of error is plus or minus 3 percent. PPP found 50 percent of Iowa respondents approved of Obama’s performance as president, while 43 percent disapprove. Tom Jensen commented, “When you combine Obama’s relative popularity in the state with the GOP field’s lack of appeal, it looks like things are going to have to get a lot worse for the President over the next 22 months to send Iowa back into the red column.”

I wouldn’t be too sure about that. If the unemployment rate stays roughly the same or inches up, and the Republicans nominate someone without high negatives like Gingrich or Palin, Obama will have to fight to hold Iowa. Huckabee has led several early polls of Iowa Republicans, but I think he would have trouble winning the nomination if he runs. If I were a GOP primary voter, I’d be looking for a bland senator or former governor who could essentially campaign as a generic Republican.

Incidentally, Iowa may become crucial to Obama’s path to victory in 2012. Reapportionment after the 2010 census took six electoral votes away from states Obama won, and several of the 2008 blue states are likely to go Republican next cycle. One path to exactly 270 votes would have the president winning all the states he carried in 2008 except for Virginia, Ohio, Florida, Indiana, North Carolina, and the second Congressional district in Nebraska.

UPDATE: The Cook Political Report lists Iowa as a tossup for the 2012 presidential race. The other states in that category are Colorado, Florida, Nevada, Ohio, Pennsylvania and Wisconsin.  

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Iowa House Appropriations Committee passes first budget bill

The Iowa House Appropriations Committee passed House Study Bill 1 on January 12, by a party-line vote of 15 to 10. Republicans call the bill the “Taxpayers First Act” and claim it would save the state more than $500 million over three years, while refunding some money to taxpayers and allocating an extra $25 million for mental health services over the next 18 months. As Bleeding Heartland discussed here, the potential savings in the current budget year are far smaller. The Democratic-controlled Iowa Senate is unlikely to approve some of the big-ticket spending cuts, such as complete elimination of the voluntary preschool program for four-year-olds. The full text of the bill as introduced is here (pdf file). The Legislative Services Agency analysis of how much various provisions would cost or save is here (pdf file).

Looking through the lobbyist declarations on HSB 1, so far only Iowans for Tax Relief, the National Federation of Independent Business, and the Washington-based 501(c)4 group American Principles in Action have declared support for it. The bill’s opponents include the Greater Des Moines Partnership, the Iowa City Area Chamber of Commerce, the Iowa Association of School Boards, the Iowa chapter of the National Association of Social Workers, major labor unions (AFSCME and the Iowa State Education Association), the State Bar Association, and many organizations that advocate for public health and environmental causes. Numerous lobbyists haven’t taken a position on the bill; influential organizations still undecided include the Iowa Farm Bureau Federation, the Iowa Association of Business and Industry, the League of Cities, the State Association of Counties, the Iowa Medical Society, the Cedar Rapids Chamber of Commerce, the Iowa Chamber Alliance, and the American Association of Retired Persons.

UPDATE: The “deappropriations” bill was renamed House File 45. Click here for a bill summary.

Justice Cady's state of the judiciary speech thread

Iowa Supreme Court Chief Justice Mark Cady addresses the Iowa legislature this morning in what will surely be the most-watched ever state of the judiciary speech. Iowa Public Television is carrying the live feed at 10 am, and I’ll liveblog after the jump. Cady is the senior justice remaining on the high court, having been appointed by Governor Terry Branstad in 1998. He is also the author of the 2009 Varnum v Brien ruling, which struck down Iowa’s Defense of Marriage Act. That decision sparked a successful campaign against retaining Chief Justice Marsha Ternus and Justices Michael Streit and David Baker in November. The four remaining justices chose Cady to serve as chief justice until replacements for Ternus, Streit and Baker have been appointed.

So far 61 people have applied for a position on the Iowa Supreme Court. The current list is here, but more applications may come in by the deadline (January 14). So far applicants include 10 women and 51 men from many different towns and cities of the state. Most are in their 40s or 50s. The few applicants in their 30s include both U.S. attorneys appointed by George W. Bush for Iowa (Matt Whitaker and Matt Dummermuth). One Republican state legislator, Iowa House Judiciary Committee Chair Rich Anderson, has applied as well. The Des Moines Register noted that one applicant, University of Iowa law professor Angela Onwuachi-Willig, submitted a brief in support of same-sex marriage when the Supreme Court was considering the Varnum v Brien case. Another applicant, Michael Keller, has praised that ruling, which allowed him to marry his partner.

State Court Administrator David Boyd told the Des Moines Register that “he was ‘very pleased, and maybe a little surprised’ with the quality and number of applicants, given the intense public scrutiny on the court since the election.” The state judicial nominating commission “welcomes written comments from the public about the qualifications of any of the applicants.” After interviewing the candidates, the judicial nominating commission will send a short list of nine names to Branstad, who will fill the three vacancies.

P.S. This week a report by the National Institute on Money in State Politics summarized the independent expenditures in last year’s retention campaign. Supporters of retaining Ternus, Streit and Baker were vastly outspent by groups seeking to oust the justices.

UPDATE: Liveblog starting now after the jump. Iowa Public TV will rebroadcast the speech at 9:30 pm on Wednesday.

THURSDAY UPDATE: House Judiciary Committee Chair Anderson seems to be closing the door on impeachment.

Rep. Rich Anderson, R-Clarinda, said he personally believes that the justices’ actions in issuing a ruling that in effect legalized same-sex marriage do not meet the standard for impeachment spelled out in the Iowa Constitution: “misdemeanor or malfeasance in office.” The court ruled that an Iowa law limiting marriage to a man and a woman was unconstitutional.

He said his gut reaction is that the yet-to-be-filed bill won’t make it out of his committee, one of the first steps in the legislative process.

“I don’t believe there’s any likelihood of impeachment,” Anderson said.

I’ve posted more reactions to Cady’s speech from state legislators below.  

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Details on Culver's egg safety proposals for Iowa

During Governor Chet Culver’s final address to the Iowa legislature this morning, he mentioned that his administration

provided the legislature and the new administration with a detailed summary addressing the historic egg recall last summer. This includes five proposed changes in Iowa law that will help improve food safety and employee training standards in the wake of the salmonella outbreak last summer.

I’ve posted the full text of the Culver administration’s egg safety proposals after the jump. This passage summarizes the five areas that would require legislative action:

Although the new federal egg regulatory regime is aimed at the state’s largest producers, a new, mandatory Iowa [Salmonella enteriditis] detection and prevention program should be enacted under amendments to existing law and the creation of a new Iowa Code Section 196.15 to complement the federal government’s efforts to prevent SE contaminated shell eggs from entering into the nation’s food chain from all of Iowa’s egg producers.

There are at least five issues that are not covered by the recent federal egg regulatory reforms, that Iowa law does not currently address and that, therefore, unless corrected legislatively, may leave consumers of Iowa-produced eggs vulnerable to future SE poisoning.  First, federal egg safety laws pertain only to egg farms that host at least 3,000 hens and do not cover smaller operations.  Second, under federal law, producers have no legal obligation to report positive SE testing results to any federal or state agency.   Third, there are no accreditation or certification standards for laboratories that conduct SE testing.  Fourth, there are no legal criteria that establish the minimal level of training and competency for persons who are charged with the responsibility for implementing a new mandatory SE detection and prevention program.  And, fifth, there is no clearly-identified funding stream to support an effective expansion of state egg programs.

It would take heavy lifting to get these sensible ideas passed and signed into law. Even when Democrats controlled both chambers of the Iowa legislature, few new regulations on agriculture saw the light of day. The Iowa House now has a 60-40 Republican majority, which makes passing new food safety rules even more of an uphill battle. Governor-elect Terry Branstad has repeatedly criticized what he views as excessive regulations on farms, and the Iowa Farm Bureau Federation endorsed Branstad and almost a full slate of Republican legislative candidates last year.  

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Greiner confirms plan to stay on as American Future Fund president

State Senator Sandy Greiner has confirmed that she will continue to serve as president of the American Future Fund, a 501(c)4 advocacy organization. In an e-mail to Iowa Independent,

Greiner said she stepped down from the board of directors of the group’s political action committee. However, she will remain as president of the organization’s regular board of directors.

That is ludicrous. The American Future Fund’s PAC raised and spent about $85,000 during the 2010 election cycle, whereas the American Future Fund 501(c)4 raised and spent more than 100 times that amount ($9.6 million). The 501(c)4 was among the top 10 outside election spending groups nationwide.

Serving in the state legislature while heading a politically active group that does not disclose its donors strikes me as a major conflict of interest. The American Future Fund The Under the Golden Dome blog posted a few questions that Greiner should answer:

Is Sandy getting paid as the Board President? Who is paying her? Does the American Future Fund have any business before the legislature? As a member of the Government Oversight Committee, will Sandy be involved in the debate over campaign finance reform?

Share any relevant thoughts in this thread.

UPDATE: Representatives of Public Campaign Action Fund, Public Citizen and Iowa Citizens for Community Improvement have called on Greiner to resign from the American Future Fund.

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