Iowa Supreme Court holds state constitution protects right to abortion

Five Iowa Supreme Court justices ruled today that a mandatory 72-hour waiting period for all women seeking abortion violates due process rights and equal protection guaranteed under the state constitution. Planned Parenthood of the Heartland and the American Civil Liberties Union of Iowa had challenged that provision, part of a law Republican legislators and Governor Terry Branstad enacted in 2017.

Today’s decision guarantees that the 2018 law banning almost all abortions after a fetal heartbeat can be detected will be struck down. A lawsuit filed by Planned Parenthood, the ACLU of Iowa, and the Emma Goldman Clinic is pending in Polk County District Court.

In addition, the ruling indicates that even if the U.S. Supreme Court overturns the 1973 Roe v. Wade decision in the coming years, Republicans will be unable to ban or severely restrict abortion rights in our state.

Writing for the majority, Chief Justice Mark Cady rejected the “undue burden” standard for evaluating abortion restrictions, set out by the U.S. Supreme Court in its 1992 Casey decision. I enclose below the full text of the majority opinion and the dissent by Justice Edward Mansfield, whom President Donald Trump has named as a possible U.S. Supreme Court pick. I’ve excerpted some of the most important passages.

A separate section of the 2017 law, banning almost all abortions after 20 weeks gestation, was not challenged in this case and remains in effect.

Some Iowa judicial trivia: today marks the second time the Iowa Supreme Court has overturned an abortion-related ruling by Polk County District Court Judge Jeffrey Farrell. He had also upheld the administrative rule banning the use of telemedicine for abortion. The Supreme Court unanimously struck down that rule in 2015.

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Iowans will likely elect record number of women lawmakers in 2018

A record number of women running for office in Iowa this year has translated into a record number of women who will appear on our state’s general election ballot. Iowa State University’s Carrie Chapman Catt Center for Women and Politics noted that 85 women (86 percent of female candidates on Iowa’s primary ballot) won their party’s nominations yesterday.

More women than ever will likely win Iowa House seats this November (current number: 28 out of 100). Female representation will almost certainly increase in the state Senate too and could exceed the previous record (ten out of 50 senators in 2013-2014). Follow me after the jump for details.

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Weekend thread: Statewide candidate edition

Iowa will soon have its first new secretary of agriculture since 2007. The U.S. Senate confirmed Bill Northey on February 27 as undersecretary for farm production and conservation at the U.S. Department of Agriculture. He should have been confirmed months ago; senators on the Agriculture Committee unanimously endorsed his nomination in October. But Senator Ted Cruz of Texas held the nomination over a Renewable Fuel Standard dispute that has nothing to do with Northey’s portfolio.

Once Northey resigns as Iowa secretary of agriculture, Governor Kim Reynolds will appoint his longtime deputy Mike Naig to fill that post for the rest of this year, the governor’s office announced on March 1. I enclose Naig’s official bio below. One of five Republicans who have said they will run for Northey’s job, Naig formally launched his campaign for that office on March 2. At this writing, only Craig Lang has qualified for the primary ballot. Other declared GOP candidates are Ray Gaesser, Chad Ingels, and Dan Zumbach. UPDATE: Northey posted on Twitter March 6, “I heartily endorse Mike Naig as our next Iowa Ag Secy. Mike has been a great partner as my Deputy Secy of ag for 4+ yrs. Mike is ready to lead. Let’s elect Mike in June & Nov!”

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Fourteen Iowa House Democrats who seem content to stay in minority forever

Iowa Democrats are in a deep hole, controlling only 20 of the 50 seats in the state Senate and 41 of 100 in the House. On the plus side, strong candidate recruitment and a wave of Republican retirements are giving Democrats plenty of opportunities to pick up House seats. (The 2018 Iowa Senate map is less promising.)

Raising money can be challenging for leaders of a minority party, who don’t call the shots on legislation. Furthermore, Iowa Republicans have a natural advantage, since the policies they promote are often tailored to suit wealthy individuals or corporate interest groups. While money doesn’t always determine campaign outcomes, quite a few Democratic lawmakers and challengers lost in 2016 after being massively outspent on television commercials and direct mail (see here, here, and here for examples).

Yet the latest set of campaign financial disclosures reveal little sense of urgency among Democratic incumbents who could do much more to help others win competitive districts this November.

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Who's who in the Iowa House for 2018

The Iowa House opens its 2018 session today with 58 Republicans, 41 Democrats, and one vacancy, since Jim Carlin resigned after winning the recent special election in Iowa Senate district 3. Voters in House district 6 will choose Carlin’s successor on January 16. UPDATE: Republican Jacob Bossman won that election, giving the GOP 59 seats for the remainder of 2018.

The 99 state representatives include 27 women (18 Democrats and nine Republicans) and 72 men. Five African-Americans (all Democrats) serve in the legislature’s lower chamber; the other 95 lawmakers are white. No Latino has ever been elected to the Iowa House, and there has not been an Asian-American member since Swati Dandekar moved up to the Iowa Senate following the 2008 election.

After the jump I’ve posted details on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted significant changes since last year.

Under the Ethics Committee subheading, you’ll see a remarkable example of Republican hypocrisy.

Some non-political trivia: the Iowa House includes two Taylors (one from each party) and two Smiths (both Democrats). As for first names, there are six Davids (four go by Dave), four Roberts (two Robs, one Bob, and a Bobby), four Marys (one goes by Mary Ann), three Johns and a Jon, and three men each named Gary and Charles (two Chucks and a Charlie). There are also two Elizabeths (a Beth and a Liz) and two men each named Brian, Bruce, Chris, Todd, and Michael (one goes by Mike).

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