Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

• Todd Dorman, Cedar Rapids Gazette, Iowa Senate GOP has no answers
• Zach Sommers, We Are Iowa, Iowa Republicans refuse to answer questions during debate, citing recent Iowa Supreme Court Case
• Stephen Gruber-Miller, Des Moines Register, Iowa Senate Republicans’ new strategy is to stop answering questions during bill debate
• Laura Belin, Bleeding Heartland, Republicans shatter another Iowa Senate norm
• Erin Murphy, Cedar Rapids Gazette,  Iowa Republicans self-censor debate, citing Supreme Court ruling

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People. 

Iowa Senate debate on a proposal to relax child labor regulations stalled late in the evening of April 17, after the Republican floor manager Adrian Dickey and Majority Leader Jack Whitver refused to answer a Democratic senator’s questions about an amendment published earlier in the day.

After hours of delay, the Senate resumed its work and approved the child labor bill (Senate File 542) shortly before 5:00 am on April 18, with Republicans Charlie McClintock and Jeff Taylor joining all Democrats in opposition.

The snag in last night’s proceedings is not limited to one controversial issue.

According to Senate Minority Leader Zach Wahls, Whitver told him Senate Republicans would no longer answer questions during floor debate, in light of a recent Iowa Supreme Court decision. That ruling (known as LS Power) has also made Iowa House Republicans more cautious about answering questions in public, a debate on a firearms bill revealed last week.

The majority party’s new approach could leave Iowa lawmakers less informed as they vote on complex legislation. Floor debate may be the only time Democrats can clarify their understanding of certain provisions, since managers’ amendments containing big changes sometime appear just hours before a vote on final passage. Over the next few weeks, Senate Republicans are expected to unveil their spending plans for fiscal year 2024 right before lengthy budget bills are bought to the chamber floor.

Iowa Republican lawmakers aren’t sticklers for tradition. They have used their trifecta to destroy a collective bargaining process that stood for more than four decades, and to overhaul a nearly 60-year-old judicial selection system on a partisan basis.

Iowa Senate Republicans have shattered norms in other ways. In 2021, they stopped participating in budget subcommittee meetings that had been a routine part of legislative work since at least the 1970s. Last year, they kicked all journalists off the chamber’s press bench, which had been designated for the news media for more than a century.

Senate Appropriations Committee members hit a new low for transparency last week. Led by chair Tim Kraayenbrink, Republicans advanced seven spending bills with blank spaces where dollar amounts and staffing numbers would normally be listed.

The unprecedented maneuver ensured that advocates, journalists, and Democratic senators will have no time to thoroughly scrutinize GOP spending plans before eventual votes on the Senate floor. Nor will members of the public have a chance to weigh in on how state funds will be spent during fiscal year 2024, which begins on July 1.

Bleeding Heartland was unable to find any former Iowa legislator, lobbyist, or staffer who could remember anything resembling this year’s Senate budget process.

The Iowa Senate began its 2023 session on January 9 with 34 Republicans and sixteen Democrats, the largest majority seen in the chamber for about five decades. Five of the last seven Iowa general elections have been Republican waves.

Fourteen senators (nine Republicans, five Democrats) were just elected to the chamber for the first time in November. Seven of them (four Republicans and three Democrats) previously served in the Iowa House.

Fifteen senators are women (eight Democrats and seven Republicans), up from twelve women in the chamber prior to the 2022 election and more than double the six women senators who served prior to the 2018 election.

Democrat Izaah Knox is the second Black state senator in Iowa history. The first was Tom Mann, a Democrat elected to two terms during the 1980s. The other 49 senators are white. No Latino has ever served in the chamber, and Iowa’s only Asian-American senator was Swati Dandekar, who resigned in 2011.

Democrat Janice Weiner became the first Jewish person to serve in the Iowa Senate since Ralph Rosenberg left the legislature after 1994. Democrat Liz Bennett became the first out LGBTQ state senator since Matt McCoy retired in 2018.

I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. The Senate has added a new Technology Committee and renamed what used to be “Labor and Business Relations” as the Workforce Committee.

Some non-political trivia: the 50 Iowa senators include two Taylors, a Democrat and a Republican. As for first names, there are three Jeffs and two men each named Mark, Mike, and Dan.

Iowa lawmakers have amended the state’s recycling law for the first time since its passage in 1978. Senate File 2378 changes what is commonly known as the “bottle bill” in ways that will please beverage distributors, retailers, and redemption centers.

In a mostly party-line vote on May 23, the Iowa Senate concurred with the version of the bill House members approved last month. Governor Kim Reynolds has not publicly commented on the proposal but is expected to sign it into law.

Legislators who voted against the bill warned that it would harm consumers and reduce recycling.

The Iowa House and Senate approved similar bills on March 23 that would substantially cut unemployment benefits for jobless Iowans. The legislation, a priority for Governor Kim Reynolds, had been stalled for weeks, raising questions about whether Republican leaders could find the votes to pass it in the House.

Both versions of the legislation include the centerpiece of the proposal Reynolds highlighted during her Condition of the State address in January: reduce the maximum unemployment benefits in one year from 26 weeks to sixteen weeks. Currently, most states provide up to 26 weeks of unemployment benefits per year, while only a handful of states provide a maximum of sixteen weeks or fewer.

The revised bill, House File 2355, also includes provisions that would force Iowans to accept new jobs for lower pay sooner, and would make it easier for Iowans to be denied benefits entirely.

A House amendment offered by State Representative Mike Bousselot removed language that would have denied Iowans benefits the first week they were unemployed. Senate Republicans put the one-week waiting period back in the bill before approving it.

All House and Senate Democrats voted against the bills, as did two Republicans in each chamber: State Representatives Martin Graber and Charlie McClintock, and State Senators Zach Nunn and Jeff Reichman.