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. 

Five-term State Representative Mary Ann Hanusa announced on March 9 that she will not seek re-election to the Iowa House, Jon Leu reported for the Daily Nonpareil.

That makes at least eight retirements out of the 53 members of the House GOP caucus. Four of the outgoing lawmakers represent competitive districts.

A bill that sparked one of last year’s most intense lobbying fights is on its way to Governor Kim Reynolds, having passed both chambers unanimously.

The Iowa House opened its 2020 session on January 13 with 53 Republicans and 47 Democrats, a change from last year’s 54-46 split due to State Representative Andy McKean’s party switch shortly before lawmakers adjourned last year.

The House members include 67 men and 33 women (23 Democrats and ten Republicans). Although 34 women were elected to the chamber in 2018 (a record number), State Representative Lisa Heddens stepped down last summer, and Ross Wilburn won the special election to serve out her term in House district 46.

Five African Americans (Democrats Ako Abdul-Samad, Ruth Ann Gaines, Ras Smith, Phyllis Thede, and Wilburn) will 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 state Senate following the 2008 election. Democratic State Representative Liz Bennett is the only out LGBTQ member of the lower chamber. To my knowledge, Abdul-Samad (who is Muslim) is the only lawmaker in either chamber to practice a religion other than Christianity.

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.

Some non-political trivia: the Iowa House includes two Smiths (both Democrats), while the other 98 members have different surnames. As for popular first names, there are six Davids (four go by Dave), four Marys (one goes by Mary Ann), three Roberts (a Rob, a Bob, and a Bobby), three men named Thomas (two go by Tom), three Johns and two Jons, and three men each named Gary and Brian. There are also two Elizabeths (a Beth and a Liz) and two men each named Bruce, Chris, Jeff, Michael (one goes by Mike), Ross, and Charles (a Chuck and a Charlie).

I’ve always enjoyed writing about legislative happenings and campaigns, since my first year on the job as an analyst covering Russian domestic politics during a parliamentary election year.

While most political reporters were understandably assigned to follow the many presidential candidates visiting Iowa in 2019, I made it a priority to keep an eye on down-ballot races. The 2020 Iowa House and Senate elections may affect our daily lives more than whether Donald Trump or the Democratic nominee wins our state’s electoral votes. For one thing, breaking the GOP trifecta is the only way to guarantee that Iowa preserves nonpartisan redistricting for the coming decade.

I’m proud that Bleeding Heartland provided more in-depth coverage of potentially competitive state legislative races than any other Iowa news source this year. All of those stories are linked below.

UPDATE: Carlson announced on February 26 that he will not seek re-election. Original post follows.

Democrats have a solid recruit in one of the Iowa House seats on the second tier of the party’s target list for 2020. Muscatine City Council member Kelcey Brackett announced on December 13 that he will run for House district 91, now represented by three-term Republican Gary Carlson.