Affected Iowans, Kim Reynolds discuss policy targeting transgender people

Two transgender Iowans and an LGBTQ advocacy group are challenging the new statute intended to deprive transgender people of Medicaid coverage for gender-affirming surgery. The ACLU of Iowa filed suit in Polk County District Court on May 31 on behalf of Aiden Vasquez, Mika Covington, and One Iowa.

Listening to the plaintiffs explain why they took this step, I was struck by the contrast between their heartfelt, compelling words and Governor Kim Reynolds’ heartless, clueless excuses for signing discrimination into law.

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Iowa Supreme Court gets it wrong on pipeline ruling

Ed Fallon reacts to the Iowa Supreme Court’s determination that the use of eminent domain to build the Dakota Access pipeline was lawful and did not violate the state constitution. The file containing the majority opinion and dissents is enclosed at the end of this post. Landowners and the Sierra Club Iowa chapter had challenged the taking. -promoted by Laura Belin

For those of us who have fought Energy Transfer Partners (ETP) and the Dakota Access Pipeline (DAPL) for nearly five years, May 31 was a sad day. That morning, the Iowa Supreme Court ruled that ETP had the right to forcibly take Iowans’ land for an export crude oil pipeline.


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Divided Iowa Supreme Court upholds collective bargaining law

“Our role is to decide whether constitutional lines were crossed, not to sit as a superlegislature rethinking policy choices of the elected branches,” four Iowa Supreme Court justices said today in two rulings that upheld the 2017 collective bargaining law.

The state’s two largest public employee labor unions, AFSCME Council 61 and the Iowa State Education Association, had challenged the law, which eliminated almost all bargaining rights for most public employees but preserved more rights for units containing at least 30 percent “public safety” employees. The ISEA also challenged a provision that banned payroll deduction for union dues.

Justice Thomas Waterman wrote for the majority in both cases, joined by the court’s three other most conservative judges: Edward Mansfield, Susan Christensen, and Christopher McDonald. His ruling upheld two Polk County District Court rulings in 2017.

Chief Justice Mark Cady and Justice Brent Appel dissented from the AFSCME decision, joined by Justice David Wiggins. Appel wrote a partial concurrence and partial dissent in the ISEA case, joined by Cady and Wiggins. They would have allowed the state to end payroll deductions for union dues but struck down the part of the law that gave more bargaining rights to some workers than others. They highlighted the statute’s “illogical” classification system, under which many who receive the expanded privileges are not themselves “public safety employees,” while others “with obvious public safety responsibilities” are excluded.

Had the late Justice Daryl Hecht been able to consider this case, these decisions would likely have gone 4-3 the other way. However, Hecht stepped down while battling melanoma in December, shortly before the court heard oral arguments. Governor Kim Reynolds appointed McDonald to fill the vacancy in February. Normally new justices do not participate in rulings when they were not present for oral arguments, but the court would have been deadlocked on these cases otherwise. So file this disappointing outcome for some 180,000 public employees under E for “elections have consequences.”

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Plaintiffs challenging Iowa judicial changes face uphill climb (updated)

A Linn County attorney and eight Iowa House Democrats are challenging the new law that altered the composition of the State Judicial Nominating Commission and the term of the Iowa Supreme Court chief justice.

Republican lawmakers approved the changes as an amendment to the “standings” budget bill on the final day of the 2019 legislative session. Governor Kim Reynolds signed the bill on May 8, giving herself and future governors nearly unchecked power to choose judges for Iowa’s Supreme Court and Court of Appeals.

The plaintiffs are not claiming the legislature lacked the power to change the commission’s membership through a statute. Although most of Iowa’s judicial selection system is spelled out in the state constitution, which takes years to amend, a loophole in Article V, Section 16 specified the manner of forming judicial nominating commissions only “Until July 4, 1973, and thereafter unless otherwise provided by law.”

Rather, the lawsuit filed in Polk County District Court on May 14 cites two constitutional violations related to the process by which the law passed and one violation related to the separation of powers.

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Four reasons the GOP attack on trans Iowans won't hold up in court

Republicans slipped a couple of nasty surprises into the health and human services budget on the penultimate day of the Iowa legislature’s 2019 session. One of the new provisions in House File 766 would amend the Iowa Civil Rights Act to deprive transgender and intersex Iowans of access to surgery through Medicaid or other public health insurance programs.

Governor Kim Reynolds should strike this language because denying health care to people in need is reprehensible.

If she lacks the empathy to comprehend why punching down on a marginalized group is wrong, the governor should use her item veto power for a pragmatic reason: the Iowa Supreme Court is unlikely to let this discriminatory act stand.

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