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. 

UPDATE: I’ve added unofficial results for each race.

Iowa Democrats have more competitive state legislative primaries in 2022 than in a typical election cycle. That’s partly because quite a few House and Senate members are retiring, and partly because the redistricting plan adopted in 2021 created some legislative districts with no incumbents.

In most of the races discussed below, the winner of the primary is very likely to prevail in November. However, a few of the districts could be targeted by one or both parties in the general election.

All data on past election performance in these districts comes from the Iowa House and Senate maps Josh Hughes created in Dave’s Redistricting App. Fundraising numbers are taken from the Iowa Ethics and Campaign Disclosure Board’s database.

This post is not an exhaustive account of all contested Democratic primaries for state legislative offices. You can find the full primary candidate list here.

The biofuels industry got a big win in the Iowa legislature this week, as the state House and Senate approved a bill requiring most gas stations in the state to dispense a higher ethanol blend known as E15 from at least half of their pumps.

All but a handful of Democratic legislators voted for the bill, and no Democrat spoke against the proposal during Senate or House floor debate.

It was the latest example of how Iowa Democratic politicians have embraced biofuels industry talking points and avoided challenging any policies seen as supporting ethanol.

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.

UPDATE: Charlie McConkey became the sixteenth House Democrat to confirm he won’t seek another term. Original post follows.

Nearly 40 percent of the Democrats who now serve in the Iowa House have confirmed they won’t seek re-election this year, and several long-serving incumbents have yet to clarify their plans.

The exodus involves not only lawmakers of retirement age, like State Representatives Marti Anderson and Bruce Hunter, but also some who have decades left in their working lives, like State Representatives Ras Smith, Chris Hall, and Kirsten Running-Marquardt, the latest to announce she won’t continue serving in the legislature.

The unusually high turnover may reflect some pent-up demand; older lawmakers who might have retired a few years ago hung on in light of realistic hope that their party could regain control of the chamber in the 2018 or 2020 elections. That prospect seems remote now, with Republicans enjoying a 60-40 majority and the new political map creating fewer than ten strong pickup opportunities for House Democrats.

The Iowa House opened its 2022 session on January 10 with 60 Republicans and 40 Democrats, a one-seat gain for the GOP compared to last year, thanks to a special election last fall.

The House members include 69 men and 31 women (21 Democrats and ten Republicans), down from a record 34 women in 2019 and 33 women in 2020.

Six African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Ross Wilburn, and Republican Eddie Andrews) serve in the legislature’s lower chamber. Republican Mark Cisneros is the first Latino elected to the Iowa legislature, and Republican Henry Stone is only the second Asian American to serve in the House. The other 92 state representatives are white.

Democrat Liz Bennett is the only out LGBTQ member of the Iowa House. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

I’ve posted details below 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 changes since last year’s session. The most significant: Republican Mike Bousselot won a September special election following the death of Republican John Landon, and Republican Jon Dunwell won an October special election after Democrat Wes Breckenridge left the legislature for another job.

Some non-political trivia: the Iowa House has two members with the surname Meyer (a Democrat and a Republican). As for popular first names, there are six Davids (three go by Dave), three Roberts (a Rob, a Bob, and a Bobby), three men named Tom or Thomas, three named Steve or Steven, three named Charles (a Chuck and two Charlies), three Brians, three men named Michael (two go by Mike), three Jons and two Johns, and two men each named Gary, Dennis, and Ross. There are also two Elizabeths (a Beth and a Liz), two Shannons, an Ann and an Anne, and two women named Mary (down from four in 2020).