# Constitution



Republicans' next move: Rewrite the U.S. Constitution?

Steve Corbin is emeritus professor of marketing at the University of Northern Iowa and a freelance writer who receives no remuneration, funding, or endorsement from any for-profit business, nonprofit organization, political action committee, or political party.      

Now that the November 8 midterm election has passed, Republicans have maintained their trifectas in 22 states (losing only Arizona), and control one or both legislative chambers in at least half a dozen others. Don’t be surprised if the GOP’s next move in some state legislatures will be to call for a U.S. Constitutional Convention.

Permit me to explain.

Continue Reading...

How Iowa Supreme Court's McDermott, Oxley have decided big cases

Disclosure: I am a plaintiff in an open records lawsuit that is pending before the Iowa Supreme Court on interlocutory appeal. (The governor’s office appealed a lower court ruling against the state’s motion to dismiss our case.) That litigation has nothing to do with this post.

On the back side of Iowa’s general election ballot, voters have a chance to vote yes or no on allowing two Iowa Supreme Court justices, two Iowa Court of Appeals judges, and dozens of lower court judges to remain on the bench.

No organizations are campaigning or spending money against retaining Justices Dana Oxley and Matthew McDermott, whom Governor Kim Reynolds appointed in 2020.

Nevertheless, I expect the justices to receive a lower share of the retention vote than most of their predecessors. Shortly after the newest justices were part of a controversial ruling on abortion in June, the Iowa Poll by Selzer & Co for the Des Moines Register and Mediacom found a partisan split in attitudes toward the Iowa Supreme Court, with a significant share of Democrats and independents disapproving of the court’s work.

This post seeks to provide context on how the justices up for retention have approached Iowa Supreme Court decisions that may particularly interest Bleeding Heartland readers.

Continue Reading...

Turn the ballot over and vote no on Public Measure 1

Katie Jones lives in Des Moines with her family. She is passionate about gun violence prevention.

Gun safety is on the ballot in Iowa this year. Voters will consider a state constitutional amendment called Public Measure 1, which states, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”

The last sentence makes this amendment very different from the U.S. Constitution’s Second Amendment, and more extreme. What is strict scrutiny and how would it change the legal landscape?

Continue Reading...

An Iowa Supreme Court hint on "strict scrutiny" for gun cases?

Tom Barton wrote an excellent article for the Cedar Rapids Gazette about what’s at stake in this November’s vote on a pro-gun amendment to the Iowa Constitution. Republicans who pushed for the amendment have downplayed its potential impact on existing gun regulations. But legal experts told Barton some laws, such as a broad prohibition on firearms ownership by people with felony convictions, might not survive a court challenge if voters approve the constitutional amendment.

In a little-noticed passage tucked into a recent decision on abortion rights, a majority of Iowa Supreme Court justices suggested that existing gun regulations could be doomed under a “strict scrutiny” standard.

Continue Reading...

Tactical retreat on Iowa's abortion waiting period averts strategic loss

The ACLU of Iowa and Planned Parenthood North Central States announced on August 5 that they will not pursue litigation challenging Iowa’s mandatory 24-hour waiting period before all abortions. The Iowa Supreme Court allowed that 2020 law to go into effect in June, when a 5-2 majority reversed the court’s abortion rights precedent and sent Planned Parenthood’s case back to District Court.

In a written statement, ACLU of Iowa legal director Rita Bettis Austen described the decision to dismiss the case as “extremely difficult.”

But the move was wise in light of Iowa’s current legal landscape. Dropping this challenge could push back by years any ruling by the conservative-dominated Iowa Supreme Court to establish a new legal standard for reviewing abortion restrictions. That could strengthen the position of Planned Parenthood and the ACLU as they fight grave threats to Iowans’ bodily autonomy.

Continue Reading...

Four takeaways for Iowa from the pro-choice vote in Kansas

In a huge victory for bodily autonomy, Kansas voters on August 2 overwhelmingly rejected a proposed constitutional amendment that would have cleared a path for Republican lawmakers to ban abortion. With about 95 percent of votes counted, the “no” vote (against removing abortion protections from the Kansas constitution) led the “yes” vote by 58.8 percent to 41.2 percent.

Iowa Democrats and Republicans should pay attention to the results.

Continue Reading...
View More...