Aspiring lawyers gathered in Des Moines on July 28 and July 29, for about eight hours each day, to take Iowa’s Uniform Bar Exam in person.

More than a dozen states, accounting for about two-thirds of exam takers, postponed or otherwise altered plans to administer the grueling two-day test that determines where attorneys can practice law.

However, the Iowa Supreme Court rejected calls to shift to an online exam or offer a limited “diploma privilege” so that graduates of the University of Iowa or Drake University law schools could practice in this state without passing the bar. Instead, the judicial branch’s Office of Professional Regulation took several steps to reduce the chance exam takers could spread COVID-19 to one another.

Marty Ryan of Des Moines lobbied the Iowa legislature for 27 years and now blogs weekly. -promoted by Laura Belin

The Iowa quarter, printed in the latter part of 2004, is based upon a Grant Wood painting depicting a group of students and their teacher planting a tree outside of a county school. The statement on the coin says, “Foundation In Education.” For many decades, Iowa was noted for its first-in-the-nation education status. Likewise, Iowa has been a consistent leader in civil rights.

In fact, Iowa established some standards of equality long before the federal government or other states.

But racial disparities continue to affect Iowans in many areas of life. A reform the Democratic-controlled legislature enacted more than a decade ago has only slightly mitigated the problem.

Spirits lifted in the pro-choice community when Iowa House Majority Leader Matt Windschitl did not call up a constitutional amendment on abortion shortly after the legislature reconvened this month.

Republican leaders wanted to pass the amendment, which had advanced from committee months earlier. When a high-profile bill doesn’t come to the floor, it often means the majority party doesn’t have the votes for final passage.

Indeed, at least three of the 53 House Republicans resisted immense pressure to vote for legislation designed to overturn an Iowa Supreme Court ruling protecting “the constitutional right of women to terminate a pregnancy.”

Unfortunately, the holdouts agreed to a last-minute abortion restriction that may provide a faster way to undo the high court’s work.

The Iowa Supreme Court will determine whether a law designed to deny sex education grants to Planned Parenthood violates the Iowa Constitution’s equal protection guarantee. The state of Iowa filed a notice on June 1 that it will appeal last month’s Polk County District Court ruling, which found the law unconstitutional.

Governor Kim Reynolds has enacted three rounds of reopening businesses and venues across Iowa this month already, and bars are next in line to resume indoor service on May 28. The governor has argued, “We have to move forward” as we “learn to live with” having novel coronavirus in our communities.

However, the judicial branch is approaching the COVID-19 pandemic more cautiously. Under an order Iowa Supreme Court Chief Justice Susan Christensen issued on May 22, in-person bench trials will remain on hold until July 13, and jury trials won’t resume in Iowa until September 14.

No court will ever consider the merits of two challenges to a 2019 law that changed Iowa’s judicial selection process and shortened the chief justice’s term.

Governor Kim Reynolds on April 3 named Des Moines attorney Matthew McDermott to succeed retiring Iowa Supreme Court Justice David Wiggins. During seventeen years in private practice, McDermott has worked on a wide variety of cases. Bleeding Heartland posted lengthy excerpts from his application and interview with the State Judicial Nominating Commission last month.

This appointment will continue the Iowa Supreme Court’s sharp turn to the right since 2018. As Bleeding Heartland discussed when McDermott was a finalist for the previous vacancy, he has worked closely with influential Republicans and handled some politically charged cases. He defended the 2017 collective bargaining law on behalf of the state and represented an Iowa House Republican seeking not to count 29 absentee ballots his constituents had cast on time.

On the other hand, McDermott has done a substantial amount of criminal defense work, and his application highlighted an unsuccessful appeal raising Fourth Amendment issues as one of his significant cases. Wiggins was a consistent voice for individual rights on the Supreme Court, including in many search and seizure cases.

Only three days after staff for Governor Kim Reynolds confirmed surgical abortions are among the “nonessential or elective surgeries” now prohibited in Iowa under a public health emergency proclamation, several groups went to court to block the governor’s action.

After interviewing fifteen applicants, the State Judicial Nominating Commission on March 6 agreed on three nominees for the Iowa Supreme Court: Matthew McDermott, District Court Judge Mary Chicchelly, and Iowa Court of Appeals Judge David May. Governor Kim Reynolds will appoint one of them during the next few weeks.

To the credit of the commissioners, all three finalists are well-qualified to serve. Thanks to a law Republicans enacted in 2019, commission members appointed by either Reynolds or Governor Terry Branstad now outnumber elected attorneys, meaning they had the votes to send less-experienced but politically-connected loyalists to the governor. They did not.

I’ve enclosed below highlights from each finalist’s application and interview, along with some noteworthy comments by three candidates who didn’t make it onto the short list: Brenna Bird, Alan Ostergren, and Sam Langholz.

I felt confident in January that Reynolds would appoint McDermott, because of his past work for the Republican Party of Iowa and close ties to senior GOP officials. Knowing now that the governor’s own legal counsel Langholz has ambitions to serve on the Supreme Court, I wouldn’t be surprised to see Reynolds pick a different finalist. Langholz’s job involves helping the governor interview and select judges. He has incentive to steer her toward appointing a candidate who has presided over a District Court, to improve the odds of the State Judicial Nominating Commission selecting someone who lacks that experience next time. Reynolds will get at least one more appointment to the high court, because Supreme Court Justice Brent Appel will reach the mandatory retirement age in 2022.

UPDATE: The commission recommended Mary Chicchelly, David May, and Matthew McDermott. I’ve added below highlights from Langholz’s interview.

Iowa’s State Judicial Nominating Commission will interview candidates to succeed retiring Supreme Court Justice David Wiggins on March 6. The fifteen applicants include two finalists Governor Kim Reynolds passed over for the vacancy she filled last month (District Court Judge Joel Barrows and Matthew McDermott) and several who have applied for previous vacancies, such as District Court Judges Mary Chicchelly and Patrick Tott, District Associate Judge Romonda Belcher, Assistant Attorney General Molly Weber, and Muscatine County Attorney Alan Ostergren.

Three applicants have provoked anxiety in Iowa legal circles. Bleeding Heartland discussed some problematic aspects of Ostergren’s record when he applied for a Supreme Court vacancy last year. Guthrie County Attorney Brenna (Findley) Bird previously served as chief of staff for U.S. Representative Steve King and later as Governor Terry Branstad’s legal counsel. In that capacity, a jury found last year, Bird and Branstad violated the constitutional rights of former Workers’ Compensation Commissioner Chris Godfrey. While working in the Branstad administration, Bird was also involved in rushing through an effort to ban the use of telemedicine for abortions. The Iowa Supreme Court unanimously struck down that administrative rule in 2015.

The greatest concern has centered on Sam Langholz, the governor’s senior legal counsel. He is widely perceived as Reynolds’ top choice. Thanks to changes in the selection process Langholz helped engineer last year, the governor may have the votes on the State Judicial Nominating Commission to get her subordinate on Iowa’s highest court.

That would be troubling for several reasons.

Less than nineteen months after being appointed to the Iowa Supreme Court, Susan Christensen is now that body’s chief justice. Justice David Wiggins had served as acting leader on the high court since the unexpected passing of Chief Justice Mark Cady in November.

When Governor Kim Reynolds, Republican lawmakers, and one or more Supreme Court justices schemed last year to end Cady’s term early, Justice Thomas Waterman was widely seen as the chief-in-waiting. However, by the time Reynolds appointed Cady’s replacement, Dana Oxley, in late January, multiple sources indicated Waterman was no longer interested in the job. The seven justices elected Christensen on February 24.

It’s been many years since a justice has risen so quickly to the Iowa Supreme Court’s most senior position.

Republican lawmakers in the Iowa House and Senate advanced several bills targeting abortion procedures and providers this week, as a legislative deadline approached.

Several political factors make this year a perfect time for the GOP to curtail Iowa women’s reproductive rights. First, it’s an election year, and no issue motivates social conservative voters more than abortion. Second, 2020 may be the last year of a Republican trifecta. Democrats have a realistic chance to win control of the Iowa House (now split 53-47) in November, which would take any anti-abortion legislation off the table. Finally,  Governor Kim Reynolds will soon have appointed four of the seven Iowa Supreme Court justices, ensuring that the high court will uphold almost any abortion restriction passed this year.

Where things stand on the anti-abortion bills introduced this year:

Two women will be among the seven Iowa Supreme Court justices for the first time since 2003.

Governor Kim Reynolds announced on January 28 that she named Dana Oxley to fill the vacancy created by the passing of Chief Justice Mark Cady.

Republicans on the Iowa Senate State Government Committee have approved a proposed constitutional amendment that could eventually clear the way for a total ban on abortion.

Senate Joint Resolution 21 would add language to the Iowa Constitution clarifying that the document “shall not be construed to recognize, grant, or secure a right to abortion or to require the public funding of abortion.”

An earlier version cleared the Senate State Government Committee in March 2019. But for reasons they never explained publicly, Republican leaders did not bring the measure to the Senate floor during last year’s legislative session.

Governor Kim Reynolds urged lawmakers to act on this issue in her Condition of the State address earlier this month: “We must protect life by making clear, through an amendment, that our constitution does not grant a right to abortion.”

The goal is to make all future abortion restrictions immune from court challenges.

Before the new political year kicks off with the Iowa legislature convening and Governor Kim Reynolds laying out her agenda, I need to take care of some unfinished business from 2019.

When I reflect on my work at the end of each year, I like to take stock of not only the most popular posts published on this website and the ones I worked hardest on, but also the projects that brought me the most joy. I’ve found this exercise helps guide my editorial decisions on the many days when I have time to write up only one of several newsworthy stories.

Among the 348 posts I wrote last year, these were some of my favorites:

After nearly eight years with no vacancy, the seven-member Iowa Supreme Court is about to lose its fourth justice in less than two years.

Acting Chief Justice David Wiggins announced on January 10 that he will retire, effective March 13. He has served on the Iowa Supreme Court since Governor Tom Vilsack appointed him in 2003.

Wiggins chaired the State Judicial Nominating Commission from 2011 until the spring of 2019, when Republican legislators approved and Governor Kim Reynolds signed a law removing that role from the second most-senior justice. The same law also shortened the chief justice’s term and gave the governor an additional appointment to the body that recommends candidates for the Iowa Supreme Court and Court of Appeals.

UPDATE: Reynolds didn’t pick McDermott this time but appointed him to the Iowa Supreme Court in April 2020. Bleeding Heartland covered highlights from his application and interview here.

After interviewing twelve applicants, the State Judicial Nominating Commission forwarded three names to Governor Kim Reynolds on January 9 to fill the vacancy created by Iowa Supreme Court Chief Justice Mark Cady’s passing in November.  Reynolds has 30 days to appoint one of the finalists, but there’s no suspense here: she will almost certainly choose Matthew McDermott.

A computer program couldn’t generate a more ideal judicial candidate for a Republican governor seeking to move Iowa courts to the right.

Five years ago, I started taking stock of my most labor-intensive posts near the end of each year. Not all of these are my favorite projects, though invariably, some of my favorites end up on these compilations.

Before getting to the countdown for 2019, I want to give another shout out to guest authors who poured an extraordinary amount of work into two posts Bleeding Heartland published last year.

Devastating news: Iowa Supreme Court Chief Justice Mark Cady passed away on November 15, having suffered a heart attack.

Best known for writing the court’s unanimous opinion in the Varnum v Brien marriage equality case, Cady was a staunch supporter of civil rights. Since becoming chief justice in 2011, he was often the swing vote on Iowa’s high court and concurred in many 4-3 opinions.

Appointed by Governor Terry Branstad in 1998, Cady sometimes aligned with the high court’s conservatives–for instance, on upholding Iowa’s felon disenfranchisement system. Sometimes he joined his more liberal colleagues–for instance, on juvenile sentencing. Cady also authored last year’s opinion that found Iowa’s constitution protects a woman’s right to an abortion. Seventeen months later, three of the five justices who joined that landmark ruling are gone. (Justice Bruce Zager retired, and Justice Daryl Hecht died.)

Bleeding Heartland intends to publish several reflections on Cady’s legacy in the coming weeks. For now, I want to share the chief justice’s remarks at the recent Iowa Summit on Justice and Disparities.

Attorney Thomas Duff has standing to challenge Iowa’s new law giving the governor an extra appointee on the State Judicial Nominating Commission, a Polk County District Court has determined. However, the court dismissed Duff’s challenge to the provisions of the law shortening the Iowa Supreme Court chief justice’s term.

Four Iowa Supreme Court justices ruled on September 26 that the Iowa Court of Appeals should hear a challenge to a new law changing judicial selection and shortening the term of chief justice.

A new plaintiff is challenging the validity of Iowa’s law changing the composition of the State Judicial Nominating Commission and shortening the term of the Iowa Supreme Court chief justice. Attorney Thomas Duff filed suit in Polk County District Court earlier this month, citing the same three points a separate lawsuit raised in May:

Iowa Supreme Court Justice Thomas Waterman has again refused to recuse himself from hearing a challenge to a new state law, without disclosing his communications with policy-makers while that bill was pending in the legislature.

Multiple Iowa Supreme Court justices spoke with Iowa House Republicans shortly before GOP lawmakers approved a bill that gave the governor more influence over the judicial selection process and shortened the chief justice’s term.

But only Chief Justice Mark Cady disqualified himself from considering the legal challenge to that law’s validity, and only Cady has been transparent about his communications on the issue with legislators and staff for Governor Kim Reynolds.

Justice Thomas Waterman and Justice Edward Mansfield appear to have pushed for the bill’s passage and stand to benefit from electing a new chief justice in 2021. Yet neither recused himself from hearing the case. Nor have they revealed their contacts with Republican legislators or the governor’s legal counsel Sam Langholz, despite a judicial rule calling for disclosure of information relevant to a recusal motion.

A Polk County District Court has ruled that transgender Iowans must exhaust all administrative remedies before challenging in court a new state law designed to prevent Medicaid from covering gender-affirming surgery.

In a July 18 order dismissing the ACLU of Iowa’s lawsuit on behalf of Mika Covington, Aiden Vasquez, and the LGBTQ advocacy group One Iowa, Judge David Porter wrote that the plaintiffs seeking surgery “have an adequate remedy at law” and that their case “is not ripe for judicial consideration.”

In other words, Covington and Vasquez must jump through hoops that will take many months, possibly years, before any court can consider their claim that denying Medicaid coverage for medically necessary procedures violates their constitutional rights.

Porter’s decision ignored evidence pointing to the law’s discriminatory intent as well as its impact on the plaintiffs.

Brian Fallon of Demand Justice: “Progressives need to hold Democrats accountable for their role in aiding and abetting Trump’s takeover of our courts and insist on a more aggressive response.” -promoted by Laura Belin

Our democracy is broken, and the Republican capture of the Supreme Court is a major reason why.

Over the last two decades, decisions like Bush v. Gore, Citizens United, and Shelby County v. Holder have betrayed the principle of “one person, one vote” and undermined confidence that our elections are truly free and fair.

With its decision this term in a high-profile gerrymandering case, the Republican majority on the court has gone further still, effectively given a green light to the partisan redrawing of maps.

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.

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.

“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.”

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.

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.

UPDATE: The governor signed this bill on May 8.

In the closing hours of the legislature’s 2019 session, Iowa House Republicans introduced a new plan to change the system used to choose our state’s judges.

While not as far-reaching as the initial proposal, the legislation would still give Governor Kim Reynolds substantially more control over judicial selection.

Ed Fallon remembers an Iowa farmer who fought “to the end” to stop his land from being taken for a pipeline. -promoted by Laura Belin

Sadly, those of us fighting the Dakota Access Pipeline (DAPL) lost one of our strongest allies this week. LaVerne Johnson died suddenly and unexpectedly on Sunday, April 7. My heart goes out to his wife, family, and closest friends — though he will be missed by more people than he would have imagined.

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

Only three months in, 2019 is already the most significant year for transgender equality in Iowa since 2007, when state lawmakers and Governor Chet Culver added sexual orientation and gender identity to the list of protected classes in the Iowa Civil Rights Act. That 1965 law hadn’t been significantly amended in decades.

The crucial Iowa House and Senate votes on the civil rights law happened during the first year since the 1960s that Democrats controlled both legislative chambers and the governor’s office. Support for LGBTQ equality is often taken for granted now in Democratic circles, but the issue was seen as more politically volatile twelve years ago. The bill amending the civil rights act came late in the 2007 legislative session and could not have passed without some Republican votes.

Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”

Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)

Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.

I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.

September Lau and Kimberly Graham make the case against a Republican effort to pack Iowa courts with conservatives. -promoted by Laura Belin

Ever since the 2009 Iowa Supreme Court decision legalizing same-sex marriage, conservative groups and legislators have attempted to reign in what they describe as an “activist” court. Never mind that that opinion, Varnum v. Brien, was a deliberate and thoughtful walk through equal protection analysis. Conservatives simply didn’t like the decision because it wasn’t the result they wanted.

Didn’t see this one coming: Governor Kim Reynolds will not appeal a Polk County District Court ruling that struck down the country’s most restrictive abortion law.

Matt Chapman: “The need to control women is what this is about, and the rage stems from a perception of impotency, caused by that lack of control.” -promoted by Laura Belin

It was impossible to miss the sea of white the Democratic women of the U.S. House wore to the State of the Union address on Tuesday. It was a nod to the suffragettes, who paved the way to winning the right to vote on August 26, 1920, and a celebration of the record-breaking diversity of the 116th United States Congress sworn in on January 23, 2019, almost one hundred years later.

Yet reminders of how far there still is to go echoed throughout the chamber. While President Donald Trump acknowledged the record-breaking number of women legislators elected, it took a moment for the modern-day suffragettes to stand and applaud. His praise was unwelcome, due to his history of misogyny.

Republican lawmakers and Governor Kim Reynolds are poised to give GOP officials and their proxies control over what has been a mostly non-partisan system for choosing Iowa judges since 1962.

Until a couple of months ago, I didn’t realize the Republican trifecta could blow up our judicial selection process in a matter of weeks. The Iowa Constitution spells out how vacancies on the bench are filled, and altering any language in our state’s founding document takes years.

Unfortunately, a time bomb has lurked in Article V, Section 16 for more than five decades. While most elements of the system can be changed only through a constitutional amendment, the manner of forming judicial nominating commissions (half appointed by the governor, half elected by attorneys) is specified only “Until July 4, 1973, and thereafter unless otherwise provided by law.”

How did that language end up in the constitution? A Linn County Democrat offered a fateful amendment 60 years ago.