Varnum v Brien anniversary thread and linkfest

One year ago today, the Iowa Supreme Court unanimously ruled that our state’s Defense of Marriage Act violated the equal protection provision of the Iowa Constitution. From the day that ruling went into effect through the end of 2009, at least 1,783 same-sex couples received marriage licenses in Iowa. The real number is probably higher, because about 900 marriage licenses did not specify the gender of the couple involved.

Follow me after the jump for a review of news about marriage equality in Iowa, stories featuring happy couples, and thoughts about the future politics of this issue.  

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Another poll of the governor's race shows Branstad ahead

Terry Branstad leads Governor Chet Culver by 50 percent to 34 percent, according to a new survey by the Republican firm Magellan Data and Mapping Strategies. Culver polled 40 percent against Bob Vander Plaats, who was nearly tied with the governor at 39 percent. Culver led Rod Roberts 38 percent to 32 percent in this poll. Magellan surveyed 1,353 “likely Iowa general election voters” on March 30, and the poll has a margin of error of 2.7 percent. Several pollsters have now found Branstad at or above 50 percent against Culver, but this statistic is even more worrying:

Among the key voter subgroup of Iowa independent voters, which Magellan projects to constitute 25% of voter turnout in November, Chet Culver trails Terry Branstad by 34 points, 55% to 21%, trails Bob Vander Plaats by 7 points 36% to 29%, and is statistically tied with Rod Roberts 28% to 29%.

Recent polls by Selzer and Rasmussen have also found Branstad way ahead of Culver among no-party voters. The governor has work to do with this group. There’s no guarantee that Magellan’s likely voter screen is accurate, but no-party voters did constitute about 26 percent of the electorate in the 2006 general election.

Magellan’s numbers for Culver’s and President Barack Obama’s approval ratings were lower than I’ve seen in any other Iowa poll. Culver was at 30 percent approval/56 percent disapproval, and his favorability ratings were 33 percent favorable/58 percent unfavorable. About 48 percent of respondents had a favorable opinion of Branstad, while 36 percent had an unfavorable opinion. President Obama was at 42 percent approval/50 percent disapproval.

The Congressional generic ballot numbers also leaned Republican. Magellan asked, “If the election for Congress was being held today, and all you knew about the two candidates was that one was a Democrat and the other was a Republican, for whom would you vote?” Statewide, 40 percent of respondents said Republican, 33 percent said Democrat and 27 percent were undecided. Republicans led the generic ballot in all three Democratic-held House districts, including a difficult-to-believe six-point edge in Dave Loebsack’s district (IA-02), which traditionally has the strongest Democratic voting performance. (Keep in mind that the margin of error for subgroups in a poll is larger than the margin of error for results including the whole sample.) In this thread at The Iowa Republican blog, commenter dblhelix noted,

The [likely voter] model is extremely tight, w/ 86% responding “extremely likely” / 9% “very likely” on voter participation. I can believe R +1/large nr of undecideds in CD3 at this time, but R+6 in CD2? The “less reliable” Dem voters will fill that in, easily. Throw some points back to Dems, but the ballots in CD1-CD3 remain competitive, and again, it’s [voters aged] 35-44 driving this.

As a general rule, the tighter the likely voter screen, the more a poll will favor Republican candidates. From that perspective, it’s surprising that Branstad’s lead over Culver is “only” 16 percent. I doubt that Iowa’s first or second Congressional districts will turn out to be competitive races this fall, but no Democrat should be complacent. Our success in the Congressional races and especially in the battleground statehouse districts will depend on turning out people who wouldn’t tell a pollster in March that they are “extremely likely” to vote.  

Click here to download files containing topline results, crosstabs and a presentation summarizing the results of the Magellan poll. The survey also included issue questions on health care reform and the federal stimulus bill, among other things. Share any relevant thoughts in this thread.

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Some good news on jobs, but a long way to go

Finally, a decent monthly job report. Here are some highlights, brought to you by Meteor Blades:

The Bureau of Labor Statistics stated in its seasonally adjusted report that some 162,000 new jobs were created in March, the best showing since March 2007, but somewhat below the consensus of experts surveyed earlier in the week. The official unemployment rate held steady at 9.7%. Some 15 million Americans are officially out of work.

The U6 unemployment rate, an alternative measure that includes underemployed Americans as well as a portion of those too discouraged to have looked for jobs recently, rose to 16.9%. […]

Some 48,000 of the new hires are temporary jobs with the Census. Hiring for the decennial count of the population will continue through June, with an estimated 1.15 million workers eventually hired. As a consequence of the short term nature of these jobs, experts will be largely discounting public employment when judging the health of the labor market during this period. Employment rose in construction, manufacturing, health care and temporary services. It held steady in transportation and warehousing, leisure and hospitality, the retail trade, and wholesale trade. There were losses in the information industry and financial services.

BLS revisions lowered the job losses in January from the 26,000 reported last month to a gain of 14,000 and reduced the job losses for February from 36,000 to 14,000. Average hourly earnings fell 0.1% in March.

Click over for more details and charts. It’s going to be a very long climb out of this recession, which was the most severe in seven decades in terms of job losses. Blades notes that if the economy created 200,000 jobs a month from now on, “it would take until October 2013 before the number of employed Americans equaled those with a job in December 2007, when the recession began.”

Share any relevant thoughts in this thread.

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Branstad launching statewide tv ads

Former Governor Terry Branstad’s campaign announced today that two television commercials will begin airing statewide on Monday, April 5. That’s two days before the first debate between the three Republican candidates for governor and about nine weeks before the June 8 primary.

The Branstad campaign will run this 60-second ad called “Ready”, which first aired during UNI’s NCAA basketball game last week, and this 30-second ad called “I Know Iowa.” The “Ready” ad intersperses Branstad’s campaign promises with testimonials about his character and talents. I can’t embed the 30-second ad here, but it features footage of Branstad with lots of different Iowans, as well as his campaign bus driving toward the state capitol building. The candidate himself does the voice-over for the shorter ad, and here’s my rough transcript:

Iowans are genuinely fearful and concerned, but also, people are hopeful. They know that we have the ability to come back. They’ve seen it done before. We can create 200,000 jobs. We can increase family incomes by 25 percent. We can reduce the size and cost of government, and we can make our education system the best in America. I love this state, and I love the people of this state, because I know given the opportunity, Iowans will always exceed expectations.

Both commercials convey the central theme of the Branstad campaign: he can lead Iowa out of tough times and back to greatness. I don’t see substance backing up Branstad’s campaign promises, but for the most part Iowa journalists are giving him a free pass. I question whether his Republican opponents will be able to make an effective case against him. Branstad probably will be the only candidate advertising on television for several weeks. It’s not clear that Bob Vander Plaats and Rod Roberts have the resources to run even two weeks of commercials statewide. Vander Plaats has a stronger potential grassroots network given his experience with Mike Huckabee’s campaign and the support of the Iowa Family Policy Center, but Roberts seems to be competing for the same conservative voters Vander Plaats is targeting.

What do you think, Bleeding Heartland readers?

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House race handicapping thread

Swing State Project posted its initial competitive House ratings chart yesterday. On one level, the chart is terrifying, because Democrats hold so many more of the seats in play than Republicans do. On the other hand, I found the chart a bit reassuring, in that Republicans would have to win about two-thirds of the tossup seats and about one-third of the “lean Democrat” seats in order to take back the House majority. That is a tall order when the National Republican Congressional Committee has so much less cash on hand than the Democratic Congressional Campaign Committee, and the Republican National Committee is spending like there’s no election in seven months. Corporate-funded PACs and Republican 527s will spend money on behalf of many GOP candidates, but I still think the cash-strapped NRCC will end up leaving seats on the table.

Swing State Project commenters have been debating prospects for various House races in this thread. Click over to read the chart, then come back and share your thoughts or predictions about any of the competitive House races.

The only Iowa district Swing State Project considers competitive is the third, where seven Republican challengers are competing for the chance to face seven-term incumbent Leonard Boswell. I haven’t seen any public or internal polling on this race. Swing State Project’s “lean D” rating is defensible, because Boswell underperformed the top of the Democratic ticket in 2006 and 2008. However, Boswell is continuing to raise money while the winner of the GOP primary will probably be broke. I’ve talked to several political types who think State Senator Brad Zaun will beat the insiders’ favorite Jim Gibbons in that primary, which could put the NRCC off making big play for this district. Even if Gibbons wins the primary, I doubt the NRCC will spend serious money here. Our state is losing a district after the 2010 census, and the winner of the IA-03 election will probably be thrown into the same district as Tom Latham for 2012. So beating Boswell wouldn’t deliver a long-term gain for the GOP. Beltway Republicans trying to allocate scarce resources have dozens of targets that look more inviting than this district.

The floor is yours.

I wish this were an April Fool's joke

As you probably heard yesterday, President Barack Obama announced plans to expand drilling for oil off the Atlantic coast of the U.S.. Not only that, he insulted environmental advocates and their “tired” arguments against drilling.

I have nothing profound to say about this decision, but when even a big Obama fan like Oliver Willis says the administration “Clearly Took Stupid Pills Today,” that ought to tell you something. Increasing our offshore extraction of oil won’t reduce our reliance on imports from the Middle East, and Obama knows it won’t. This is just a political ploy to win some votes in the Senate while making the president look like he holds the reasonable middle ground.

Once again, Obama makes a big concession to the corporate/Republican position at the beginning of the negotiating process, without gaining anything concrete in return. A good negotiator would make that kind of concession to close the deal, and only in exchange for something significant (like a hugely ambitious renewable electricity standard).

The Senate energy bill (let’s not even pretend it’s a “climate change” bill anymore) will probably allow more offshore drilling that the president announced, and that will probably be fine with the White House. Environmentalists will be asked to clap louder at “progress” or be grateful that Obama didn’t sell us out in a more egregious way.

I am tired of having to fight this kind of battle when the Democrats control Washington. It’s another reason I probably will never again give to Democratic committees at the levels I did from 2004 through 2007.

UPDATE: I recommend reading this post at EnviroKnow: “Dems More Trusted on Energy than Any Other Issue, Yet they Continue Pursuing Polluter-Friendly GOP Ideas.”

Both parties raising big money for governor's races

With 37 governor’s races coming up this November, the Republican Governor’s Association and the Democratic Governor’s Association are pulling in big money. The RGA “raised $9 million in the first quarter of 2010 and has $31 million cash on hand,” CNN reported yesterday. The DGA raised $8 million during the first quarter, setting a new record for the organization, and has $22 million on hand. A DGA press release noted that first-quarter receipts in 2010 exceeded the organization’s fundraising during the first six months of 2006.

The RGA and DGA set fundraising records in 2009, with the Republican organization bringing in $30 million and its Democratic counterpart raising $23 million during the off-year. I expect both groups to spend money in Iowa this year.

I’m pleasantly surprised that the DGA has been able to stay so competitive with the RGA’s fundraising in 2010. The first couple of months of the year were rocky for Democrats, and many major Republican donors have been fleeing the Republican National Committee for various reasons, including RNC staffers’ embarrassing fundraising plans and massive overspending on luxury hotels, limos and nightclubs. I suspect a lot of contributions that would have gone to the RNC in other years are flowing to the RGA.

Yesterday’s press release from the DGA noted:

Since 2006, the DGA has compiled an impressive winning record on targeted races. In the six races where both governors committees have spent at least $500,000, DGA has won four.  […]

The strong first quarter fundraising piggybacks on two consecutive record-breaking years for the DGA and builds on what was already the largest cash-on-hand in organizational history. With $22 million already in the bank, the DGA will spend more on races in 2010 than it spent in 2006, 2007, 2008 and 2009 combined. Grassroots donors are fired up about the GOP’s redistricting takeover plan and they boosted the DGA tothe $8 million mark with a surge of contributions in the final days of the first quarter.

“Even as we’re raising more than ever before, we’re spending that money wisely,” said Nathan Daschle, the DGA’s executive director. “We’ve trimmed our operating expenses significantly so that we can put more resources where it matters – into the races on the ground – and our burn rate is the lowest it’s ever been. We are committed to spending every dollar wisely because the stakes are so high – Republicans are planning to win so many governorships that they can redistrict themselves back to power.”

Some of the key redistricting states with competitive gubernatorial elections include California, Texas, Florida, Ohio and Pennsylvania. Iowa will lose a Congressional district after the 2010 census, but our state’s governor has little influence over the redistricting process.

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Take a few minutes to fill out your census form

April 1 is the U.S. Census Bureau’s target date for Americans to fill out and return their census forms. Every 1 percent increase in the census mail-back rate saves the U.S. Census Bureau about $85 million. After April 10, the bureau will start sending out census-takers to households that did not return their forms. President Barack Obama filled out his own family’s form and declared today “Census Day”:

The First Ladys mother lives with the family in the White House. Since the census asks for a count of everyone currently living in the household – not just immediate family – the President included his mother-in-law on his census form.

In these difficult economic times its common for extended family and friends to live with another family, yet many households mistakenly leave these individuals off their census forms.

Mr. desmoinesdem and I filled out our family’s form and mailed it back a couple of weeks ago. There are no “long forms” anymore; everyone gets the short survey with just 10 questions.

As of this morning, the national census participation rate was 52 percent; you can click on this interactive map to find participation rates in your area. Today Iowa ranked fifth among the states with a 60 percent participation rate. South Dakota and Wisconsin tied for first place with a 62 percent participation rate, and North Dakota and Nebraska tied for third with 61 percent. Within Iowa, a few towns had participation rates exceeding 80 percent. About 63 percent of households in my corner of the state, Windsor Heights, have returned their census forms so far.

Although some conservatives hyperventilate about the demographic questions on the census form, recording the race and ethnicity of U.S. residents helps the government “execute and monitor laws and programs that are targeted to specific groups.” Like conservative arguments about the legality of health insurance reform, objections to the census questions have no basis in constitutional law:

On numerous occasions, the courts have said the Constitution gives Congress the authority to collect statistics in the census. As early as 1870, the Supreme Court characterized as unquestionable the power of Congress to require both an enumeration and the collection of statistics in the census. The Legal Tender Cases, Tex.1870; 12 Wall., U.S., 457, 536, 20 L.Ed. 287. In 1901, a District Court said the Constitution’s census clause (Art. 1, Sec. 2, Clause 3) is not limited to a headcount of the population and “does not prohibit the gathering of other statistics, if ‘necessary and proper,’ for the intelligent exercise of other powers enumerated in the constitution, and in such case there could be no objection to acquiring this information through the same machinery by which the population is enumerated.” United States v. Moriarity, 106 F. 886, 891 (S.D.N.Y.1901).

The census does not violate the Fourth Amendment. Morales v. Daley, 116 F. Supp. 2d 801, 820 (S.D. Tex. 2000). In concluding that there was no basis for holding Census 2000 unconstitutional, the District Court in Morales ruled that the 2000 Census and the 2000 Census questions did not violate the Fourth Amendment or other constitutional provisions as alleged by plaintiffs. (The Morales court said responses to census questions are not a violation of a citizen’s right to privacy or speech.) […]

These decisions are consistent with the Supreme Court’s recent description of the census as the “linchpin of the federal statistical system … collecting data on the characteristics of individuals, households, and housing units throughout the country.” Dept. of Commerce v. U.S. House of Representatives, 525 U.S. 316, 341 (1999).

Share any relevant thoughts in this thread.

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Braley, Loebsack co-sponsoring new jobs bill

Representatives Bruce Braley and Dave Loebsack are among 105 co-sponsors of H.R. 4812, the Local Jobs for America Act. The bill “would provide direct funding to local governments to create, restore or save up to one million public and private jobs for the next two years.” According to the House Education and Labor Committee, the bill includes “$75 billion over two years to local communities to hire vital staff” and “[f]unding for 50,000 on-the-job private-sector training positions.” Some provisions that the House of Representatives approved in separate legislation are included in this bill too, such as $23 billion to “help states support 250,000 education jobs” and extra money for law enforcement and firefighters. Groups endorsing the bill include the U.S. Conference of Mayors.

Job creation needs to remain a top priority, because the latest recession saw the most severe employment drop the U.S. has experienced in the last seven decades. Congress recently approved a small jobs bill focused on tax credits and Build America Bonds, but direct support for state local budgets would probably have more stimulative effect. As the Center for Budget and Policy Priorities has warned, government spending cuts “are problematic policies during an economic downturn because they reduce overall demand and can make the downturn deeper.” If the federal government can soften the blow for state and local governments, the risk of a double-dip recession will be reduced.

I am seeking comment from Representative Leonard Boswell’s office about why he’s not co-sponsoring H.R. 4812 and will update this post when I hear back.

Grassley misleads on student loan reform

President Barack Obama signed the Health Care and Education Reconciliation Act yesterday, which amended the health insurance reform bill and changed the student loan system. I’m not wild about the health reform, which made almost every concession major industries wanted, but the student loan reform is without question a step in the right direction. As Obama noted yesterday, the bill pitted “the interests of the banks and financial institutions against the interests of students.” For once Congress did the right thing by moving to a system of direct student lending. The money saved by not subsidizing private banks that make student loans will support Pell Grants and several other programs.

Today the White House released a summary of benefits that student loan reform will bring to Iowans. The Pell Grant increases will mean an extra $291 million for Iowa students by the 2020-2021 academic year. Increases for the College Access Challenge Grant Program will bring about $7.5 million to Iowa over the next four years, and during the same period our state will receive at least $10 million over four years from a program aimed at community colleges and career training institutions. I’ve posted more details about those and other benefits after the jump.

Who could be against student loan reform that increases grants for students while saving the government money? Leave it to Republican Senator Chuck Grassley to find some convoluted way to characterize this reform as a “tax” on college students. Click over to Radio Iowa to read more. The Iowa Democratic Party blasted Grassley’s distortion as well as his abysmal voting record on student loans and grants. An excerpt from that release is after the jump as well.

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End of 2010 legislative session thread

The Iowa House and Senate adjourned for 2010 today, wrapping up the legislative session in just 79 days. In the coming weeks I will post about various bills that passed or failed to pass during the session. For now, you can read wrap-up posts at Iowa Independent, IowaPolitics.com, the Des Moines Register and Radio Iowa.

Democratic legislative leaders said the House and Senate “succeeded in responsibly balancing the budget without raising taxes while laying the groundwork for Iowa’s economic recovery.” Governor Chet Culver described the session as “a real victory for Iowans, particularly hardworking Iowa families.” He also hailed passage of an infrastructure bill including the final installment of the I-JOBS state bonding program. AFSCME Iowa Council 61 praised several bills that passed this year, such as the government reorganization bill, the early retirement program and a budget that saved many public employees’ jobs.

Republicans and their traditional interest-group allies saw things differently, of course. House Minority Leader Kraig Paulsen, Senate Minority Leader Paul McKinley and Iowans for Tax Relief all emphasized the use of one-time federal dollars to help cover state spending. Their talking points have made headway with Kathie Obradovich, but the reality is that much of the federal stimulus money was intended to backfill state budgets, and rightly so, because severe state spending cuts can deepen and prolong an economic recession.

Overall, I am not satisfied with the legislature’s work in 2010. Despite the massive costs of reconstruction after the 2008 floods, legislators lacked the political will to take any steps forward on floodplain management. Despite the film tax credit fiasco, not enough was done to rein in tax credits. Many other good ideas fell by the wayside for lack of time during the rushed session. (It strikes me as penny-wise and pound-foolish to save $800,000 by shortening the legislative calendar from 100 to 80 days.) Some other good proposals got bogged down in disagreements between the House and the Senate. Labor and environmental advocates once again saw no progress on their key legislative priorities, yet this Democratic-controlled legislature found the time to pass the top priority of the National Rifle Association. Pathetic.

On the plus side, the 2011 budget protected the right priorities, and most of the projects funded by the infrastructure spending bill, Senate File 2389, are worthwhile. Some good bills affecting public safety and veterans made it through. In addition, Democrats blocked a lot of bad Republican proposals. Credit must also go to the leaders who held their caucuses together against efforts to write discrimination into the Iowa Constitution.

Any relevant thoughts are welcome in this thread.

UPDATE: Read Todd Dorman on the Iowa House’s “parting gift to local government officials who like to play secret agent on your dime.”

Sebelius warns insurers against excluding sick kids

Health and Human Services Secretary Kathleen Sebelius wrote to the head of the insurance industry’s lobbying arm yesterday warning against efforts to continue to deny coverage to children with pre-existing conditions. Excerpt from the letter, which you can download as a pdf file at Greg Sargent’s blog:

Health insurance reform is designed to prevent any child from being denied coverage because he or she has a pre-existing condition. Leaders in Congress have reaffirmed this in recent days in the attached statement. To ensure that there is no ambiguity on this point, I am preparing to issue regulations in the weeks ahead ensuring that the term “pre-existing condition exclusion” applies to both a child’s access to a plan and to his or her benefits once he or she is in the plan. These regulations will further confirm that beginning in September, 2010:

*Children with pre-existing conditions may not be denied access to their parents’ health insurance plan;

*Insurance companies will no longer be allowed to insure a child, but exclude treatments for that child’s pre-existing condition.

I urge you to share this information with your members and to help ensure that they cease any attempt to deny coverage to some of the youngest and most vulnerable Americans.

A spokesperson for House Speaker Nancy Pelosi sent Sargent the following statement:

The intent of Congress to end discrimination against children was crystal clear, and as the House chairs said last week, the fact that insurance companies would even try to deny children coverage exemplifies why the health reform legislation was so vital. Secretary Sebelius isn’t going to let insurance companies discriminate against children, and no one in the industry should think otherwise.

Let’s hope this works. I wouldn’t be surprised to see insurance companies challenge the new regulations in court. They must have been counting on that loophole to save them money during the next few years.

UPDATE: David Dayen is probably right about the insurance companies’ motives here:

You can pretty much figure out AHIP’s game here. With no restrictions on cost until 2014, the industry can raise their premium prices almost at will. Even the bad publicity suffered from that 39% rate hike of Anthem Blue Cross [of California] plan has not stopped that scheduled increase from taking effect in May. And when outrage is expressed by families facing double-digit rate hikes, AHIP will clear their throats and blame the pre-existing condition exclusion for children, forcing the poor insurance companies to take on a sicker risk pool and raise prices to survive.

Except covering kids is fairly cheap to begin with. And the universe of kids with a pre-existing condition who aren’t covered through SCHIP, Medicaid, or an employer plan is extremely small. So by making a big issue of this, AHIP potentially sets up large rate hikes in the 2010-2014 period that aren’t at all justified.

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Iowa GOP keeps state convention in Des Moines

The State Central Committee of the Republican Party of Iowa voted yesterday to hold the state GOP convention in Des Moines yet again this June. Bret Hayworth reports:

Sioux City area Republicans pushed hard to land the convention after several consecutive years of the event being held in Des Moines. [..]

It was news that made Bill Anderson of tiny Pierson, a member of the Iowa GOP state central committee, quite disappointed. Anderson, who happens to be running for Iowa Senate District 27, voted for Sioux City, but he was one of only two to do so. He said the vote broke down as 10 for DM, three for Cedar Rapids and two for Sioux City, while two members didn’t take part.

“I am surprised that it was so lopsided,” Anderson said.

In the last two decades, the convention has been held outside of Des Moines, although the couple of times it happened, Cedar Rapids was the only other site. So coming to Sioux City in far western Iowa would have been a break from tradition.

Anderson said with a Sioux City siting, the delegates would have found plenty of hospitable folks eager to show them a good time while the convention played out in venues like the picturesque Orpheum Theatre.

Don’t take it personally, Mr. Anderson. Sioux City will probably host a state convention someday, but choosing that location this year would have been too risky. With four Republicans running for Congress in Iowa’s second district and seven running in Iowa’s third district, there is a good chance that no candidate will win 35 percent of the vote in the June 8 primary. In that case, the Republican nominees in IA-02 and/or IA-03 would be selected by a district convention, which would probably convene during the GOP state convention in late June. Republican commentators had already expressed concern that turnout from central and eastern Iowa would suffer if delegates were asked to drive four to seven hours each way to the convention location.

Getting to Des Moines will be much easier for delegates in the second and especially the third districts. The main logistical problem for Republicans coming to the state convention this summer will be finding hotel rooms here during the same weekend as the Des Moines Arts Festival.

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Passover open thread

Happy Passover to those in the Bleeding Heartland community who celebrate the holiday. You don’t have to be Jewish to attend a seder. President Obama is having one in the White House.

Our seder plate is “fired up and ready to go” with a beet in place of the shankbone (it’s an accepted alternative). We also follow the relatively new tradition of placing an orange on the seder plate. Here’s why.

Consider this an open thread.

What's Working; What's Not in Ag Pollution Regulation

(If only we had leaders willing to take on this challenge. - promoted by desmoinesdem)

A new report issued today addresses the failures and successes of agricultural regulations in Iowa, Wisconsin, California and other agricultural states. The regulations are meant to reduce agricultural pollution that harms waters and aquatic life both locally and downstream, such as in the Gulf of Mexico where farm run-off from states upstream has created an aquatic Dead Zone the size of Massachusetts.

The report, conducted by the Environmental Law and Policy Center and the Mississippi River Collaborative a partnership of environmental organizations and legal centers from states bordering the Mississippi, examined the effectiveness of state-based rules and laws meant to regulate non-point agricultural pollution.

More after the jump …

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Get to know the Democrats running against Steve King

Two Democrats are running for Congress in Iowa’s fifth district this year. It’s an uphill climb in a Republican-leaning part of the state, but I appreciate their commitment to challenge Steve King. While King’s embarrassing antics provide a lot of material for this blog, western Iowa deserves a representative who’s not a repeat winner of Keith Olbermann’s “worst person of the world” award.

Learn more about the candidates at their websites: Matt Campbell for Congress and Mike Denklau for Congress. Blog for Iowa recently interviewed both candidates about a wide range of issues. Here’s part 1 and part 2 of the Campbell interview. Here’s part 1, part 2 and part 3 of the Denklau interview.

I don’t plan to get involved in this primary, because from what I’ve read, both Campbell and Denklau seem highly capable, and either would be an enormous improvement over Steve “10 Worst” King. However, I encourage other Bleeding Heartland users to write diaries about the fifth district campaign. Feel free to advocate for your candidate, as NWIA Granny has done, cover a public appearance by either candidate, or compare where Campbell and Denklau stand on the issues.

This Thursday, April 1, from 7 pm to 8 pm, Ed and Lynn Fallon will cover the Steve King “phenomenon” on the Fallon Forum radio show. You can listen at 98.3 WOW-FM and on-line at www.983wowfm.com. If you want to call in to the show, the numbers are (515) 312-0983 or (866) 908-TALK. A podcast will be available later at this site.

Founding Father signed health insurance mandate into law

State attorneys general have filed two federal lawsuits challenging the individual mandate to purchase health insurance, which President Barack Obama signed into law last week. Those lawsuits look like pure political posturing to me, given the well-established Congressional powers to regulate interstate commerce and taxation.

It turns out that precedent for a health insurance mandate is much older than the 1930s Supreme Court rulings on the Commerce Clause. Thanks to Paul J. O’Rourke for the history lesson:

In July, 1798, Congress passed, and President John Adams signed into law “An Act for the Relief of Sick and Disabled Seamen,” authorizing the creation of a marine hospital service, and mandating privately employed sailors to purchase healthcare insurance.

This legislation also created America’s first payroll tax, as a ship’s owner was required to deduct 20 cents from each sailor’s monthly pay and forward those receipts to the service, which in turn provided injured sailors hospital care. Failure to pay or account properly was discouraged by requiring a law violating owner or ship’s captain to pay a 100 dollar fine.

This historical fact demolishes claims of “unprecedented” and “The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty…”

Perhaps these somewhat incompetent attorneys general might wish to amend their lawsuits to conform to the 1798 precedent, and demand that the mandate and fines be linked to implementing a federal single payer healthcare insurance plan.

O’Rourke posted the full text of the 1798 legislation as well.

I’m not one to claim American’s “Founding Fathers” could do no wrong; after all, President Adams also signed the Sedition Act, which violated the First Amendment. But Republican “strict constructionists” say we should interpret the constitution only as 18th-century Americans would have understood it. Some claim judges should cite only 18th-century sources when interpreting the constitution. Well, Congress enacted and the president signed a health insurance mandate less than a decade after the U.S. Constitution went into effect.

I don’t expect these facts to affect Republican rhetoric about health insurance reform. Thankfully, Iowa Attorney General Tom Miller is not wasting our state’s money on this frivolous lawsuit. So far I haven’t heard any Republicans demand his impeachment, as some GOP legislators are doing in Georgia.

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Finally, Obama makes recess appointments

After months of obstruction by Senate Republicans, the White House announced on March 27 that President Barack Obama is appointing 15 nominees while Congress is in recess:

“The United States Senate has the responsibility to approve or disapprove of my nominees.  But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis,”  said President Barack Obama. “Most of the men and women whose appointments I am announcing today were approved by Senate committees months ago, yet still await a vote of the Senate.  At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months. I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”

Following their appointment, these nominees will remain in the Senate for confirmation.

Obama Administration appointees have faced an unprecedented level of obstruction in the Senate.

   * President Obama currently has a total of 217 nominees pending before the Senate.  These nominees have been pending for an average of 101 days, including 34 nominees pending for more than 6 months.

   * The 15 nominees President Obama intends to recess appoint have been pending for an average of 214 days or 7 months for a total of 3204 days or almost 9 years.

   * President Bush had made 15 recess appointments by this point in his presidency, but he was not facing the same level of obstruction.  At this time in 2002, President Bush had only 5 nominees pending on the floor.  By contrast, President Obama has 77 nominees currently pending on the floor, 58 of whom have been waiting for over two weeks and 44 of those have been waiting more than a month.

I put the full list of recess appointees with their bios after the jump. In the good news column, Obama named Craig Becker to the National Labor Relations Board. Unfortunately, he also named pesticide and biotech lobbyist Islam A. Siddiqui as the U.S. Trade Representative’s Chief Agricultural Negotiator. More than 100 organizations opposed Siddiqui’s nomination “as a textbook case of the ‘revolving door’ between industry and the government agencies meant to keep watch.”

Also bad news: Obama did not use his recess appointment power to name Dawn Johnsen as head of the Office of Legal Counsel. I thought she had already been confirmed, because in January it became clear that there were 60 senators supporting her nomination. However, the Senate Judiciary Committee has repeatedly postponed considering her confirmation, raising questions about whether the Obama administration really wants Johnsen to do this job.

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Will Iowans buy Grassley's balancing act on health reform?

Many Republicans in Congress are calling for repeal of the new health insurance reform law. They know that won’t happen, but it’s good political posturing, because the GOP base is fired up and ready to go against “socialist” Obamacare.

Senator Chuck Grassley is taking a more nuanced approach. As the ranking Republican on the Senate Finance Committee, he played a prominent role in crafting the bill. Now he is taking credit for a few aspects of the new law while drawing attention to a populist-sounding provision left out by Democrats.

After the House passed the Senate’s heath insurance reform on Sunday, most Iowa Republicans condemned the effort in broad terms. In contrast, Grassley released an oddly specific statement about an amendment he planned to offer to the bill containing “fixes” to health insurance reform. Grassley called for the president, White House staff and senior Congressional staff to be covered under the new health insurance system. As expected, Senate Democrats voted against all Republican amendments to the reconciliation bill, hoping to avoid another House vote on the legislation. That prompted this press release from Grassley’s office: “Senate approves unfair double standard by rejecting Grassley amendment to apply health care reforms to White House and all of Congress.” (Not every failed amendment offered by Grassley leads to a press release. I don’t recall his office drawing attention to one he offered in October, which would have cut benefits for poor people and legal immigrants in order to save private health insurers $7 billion a year.)

Grassley got some media play this week for his “double standard” framing, but a different statement from his office attracted far more attention. That release noted, “The health care legislation signed into law yesterday includes provisions Grassley co-authored to impose standards for the tax exemption of charitable hospitals for the first time.”

Anyone following this issue knows that Grassley delayed the Senate Finance Committee’s work on the health reform bill for several months, pretending to seek compromise while fundraising on a promise to defeat Obamacare and spreading false claims about what the bill would permit. Grassley then voted against the bill in the Senate Finance Committee and on the Senate floor.

Political blogs quickly publicized Grassley’s effort to brag about good things in a bill he tried to stop. The senator was even featured in a segment on Rachel Maddow’s MSNBC program: “Republicans farcically flustered by health reform’s passage”. Two of the Iowa Democrats running for U.S. Senate seized on Grassley’s hypocrisy as well. I posted a press release from Tom Fiegen and a memo from Roxanne Conlin’s campaign after the jump.

Grassley’s balancing act on health reform makes some political sense. He doesn’t need to play to the crowd that despises Obamacare, because the filing deadline for federal candidates in Iowa passed earlier this month. It’s too late for a conservative to mount a primary challenge against the five-term incumbent.

Meanwhile, the news media have reported many details about the new law this week, and some of the provisions are likely to be quite popular. Why should Grassley loudly condemn a law that gives tax credits to small businesses, closes the Medicare “donut hole” and lets young adults be covered on their parents’ insurance policies? If he’s trying to impress swing voters, he’s better off railing against the “double standard” of Washington elitists.  

On the other hand, swing voters might be repelled to see Grassley claim credit for reforms after he tried to “pull the plug” on health insurance reform. The senator defended himself as follows:

“So overall even though it’s got a lot of good things in it, even a lot of things that I wrote, even a lot of things that I thought up myself to help health care delivery, the bad outweighs the good, it’s just that simple.”

When the Democratic Senatorial Campaign Committee slammed Grassley’s posturing, Grassley’s office responded that DSCC Chairman Bob Menendez has also taken credit for provisions in bills he voted against. We’ve heard similar “two wrongs make a right” arguments from Grassley before. It doesn’t sound statesmanlike to me.

What do you think, Bleeding Heartland readers?

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