# Judiciary



Adventures in misleading headlines

Some Iowa news headlines misrepresented an Eighth Circuit Court of Appeals decision on February 27, which resolved a long-running lawsuit over Iowa’s 2021 law banning schools from requiring masks.

“Federal appeals court upholds Iowa law banning school mask mandates,” read the headline on a Cedar Rapids Gazette story, also published in some of the Lee Newspapers.

KCRG-TV’s version (carried by other television stations with the same owner) was titled “Federal appeals court upholds Iowa ban on mask mandates.”

“Appeals court upholds law banning mask mandates in schools,” read the headline on Iowa Capital Dispatch, a website that allows Iowa newspapers to republish its reporting at no charge.

The framing closely tracked written statements from Governor Kim Reynolds and Attorney General Brenna Bird, who hailed the Eighth Circuit decision.

There was just one problem: the appeals court did not “uphold” the law.

Continue Reading...

1883 civil rights ruling “will frame mischief”

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on October 4, 2023.

The longest writing I’ve seen by Alexander Clark appears on page 1 of this newspaper two days after Christmas 1883.

The editors give the title “CIVIL RIGHTS” with subtitle “Views of a Distinguished Colored Citizen on the Subject.”

Apparently their readers knew enough—and cared enough—about the subject to slog through two full-length columns, most of the non-advertising content of the page. His letter comes to well over 2,000 words, maybe as much as three times my column here.

Continue Reading...

Iowa's revised abortion rules still more political than medical

The Iowa Board of Medicine has unanimously approved a new version of administrative rules related to a near-total abortion ban Republicans hope to enforce in the future.

The law, known as House File 732, is currently enjoined under a Polk County District Court order, which the state has appealed. If the Iowa Supreme Court eventually allows the ban to go into effect, the administrative rules would provide some guidance to physicians on how to approach the law’s (mostly unworkable) exceptions.

The revisions approved during a February 15 teleconference meeting address some objections physicians raised when the board discussed the rules in November and January. However, they do not change the reality that the rules don’t match how doctors normally interact with patients seeking to terminate a pregnancy.

Continue Reading...

In rapid reversal, House clerk grants me press credentials

My five-year effort to gain a seat on the Iowa House press bench ended less than five days after the Institute for Free Speech filed a federal lawsuit on my behalf.

House Chief Clerk Meghan Nelson informed me shortly after 5:00 pm on January 23 that the Iowa House approved my application for work space, and a spot has been reserved for me in the press box on the floor of the House chamber.

Continue Reading...

Summit Carbon project mired in contradictions

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

North Dakota officials were pulling no punches during an informational session held in Bismarck last month, highlighting the importance of the Summit Carbon pipeline to both the sustainable aviation fuel market and enhanced oil recovery efforts in the Bakken.

During a December 20, 2023, BEK TV special report that broadcast a Friends of Ag and Energy public information session on the Summit Carbon pipeline, held at Bismarck State College’s National Energy Center of Excellence, Governor Doug Burgum said, “Sustainable aviation fuel, if you want to call it the Saudi Arabia of sustainable aviation fuel, it’s going to happen somewhere between North Dakota and Iowa and in between, the corn belt.”

Kathleen Neset, a geologist and owner of Neset Consulting Service Inc. who moderated the panel, spoke after Burgum, stating the following at the outset:

Continue Reading...

I'm suing the Iowa House Chief Clerk over denial of press credentials

“The First Amendment prohibits government officials from arbitrarily denying reporters access to official information, and from discriminating against reporters based on their viewpoint,” declares a federal lawsuit filed on my behalf on January 19. Yet since 2019, the Iowa House Chief Clerk “has arbitrarily applied an ever-shifting credentialing system” to limit my “ability to gather and report political news” from the Iowa House chamber.

The Institute for Free Speech filed the suit in the U.S. District Court for the Southern District of Iowa, making four claims under the U.S. Constitution. First, by denying me access to the Iowa House press bench, where other statehouse reporters can closely observe House debate and attend regular briefings by House Speaker Pat Grassley, Chief Clerk Meghan Nelson is violating my First Amendment rights of free speech and freedom of the press.

Second, the complaint also states that Nelson’s policy, limiting access to reporters who provide “nonpartisan news to a broad segment of the public,” amounts to unconstitutional content-based and viewpoint-based discrimination, on its face and as applied to me.

Third, Nelson’s press credential policy “constitutes a prior restraint in violation of the First Amendment.” Chief Clerk Nelson has “unbridled discretion” to grant reporters access to the House press box, and “relies on the undefined, broad terms of the credential policy to subjectively exclude news media and deprive them of the ability to gather news in a manner equal to that afforded to other media representatives.”

Finally, the suit asserts that the press credential policy is vague in violation of my “First Amendment rights to free speech and press and Fourteenth Amendment right to due process.”

Continue Reading...

Best of Bleeding Heartland's original reporting in 2023

Before Iowa politics kicks into high gear with a new legislative session and the caucuses, I want to highlight the investigative reporting, in-depth analysis, and accountability journalism published first or exclusively on this site last year.

Some newspapers, websites, and newsletters put their best original work behind a paywall for subscribers, or limit access to a set number of free articles a month. I’m committed to keeping all Bleeding Heartland content available to everyone, regardless of ability to pay. That includes nearly 500 articles and commentaries from 2023 alone, and thousands more posts in archives going back to 2007.

To receive links to everything recently published here via email, subscribe to the free Evening Heartland newsletter. I also have a free Substack, which is part of the Iowa Writers Collaborative. Subscribers receive occasional cross-posts from Bleeding Heartland, as well as audio files and recaps for every episode of KHOI Radio’s “Capitol Week,” a 30-minute show about Iowa politics co-hosted by Dennis Hart and me.

I’m grateful to all readers, but especially to tipsters. Please reach out with story ideas that may be worth pursuing in 2024.

Continue Reading...

The 23 most-viewed Bleeding Heartland posts of 2023

Iowa’s Republican legislators, Governor Kim Reynolds, and Senator Chuck Grassley inspired the majority of Bleeding Heartland’s most-read posts during the year that just ended. But putting this list together was trickier than my previous efforts to highlight the site’s articles or commentaries that resonated most with readers.

For fifteen years, I primarily used Google Analytics to track site traffic. Google changed some things this year, prompting me to switch to Fathom Analytics (an “alternative that doesn’t compromise visitor privacy for data”) in July. As far as I could tell during the few days when those services overlapped, they reached similar counts for user visits, page views, and other metrics. But the numbers didn’t completely line up, which means the Google Analytics data I have for posts published during the first half of the year may not be the same numbers Fathom would have produced.

Further complicating this enterprise, I cross-post some of my original reporting and commentary on a free email newsletter, launched on Substack in the summer of 2022 as part of the Iowa Writers’ Collaborative. Some of those posts generated thousands of views that would not be tabulated as visits to Bleeding Heartland. I didn’t include Substack statistics while writing this piece; if I had, it would have changed the order of some posts listed below.

Continue Reading...

Court blocks Iowa's "staggeringly broad" book bans, teaching restrictions

UPDATE: Attorney General Brenna Bird filed notice of appeal to the Eighth Circuit on January 12. Original post follows.

The state of Iowa cannot enforce key parts of a new law that sought to ban books depicting sex acts from schools and prohibit instruction “relating to gender identity and sexual orientation” from kindergarten through sixth grade.

U.S. District Court Judge Stephen Locher issued a preliminary injunction on December 29, putting what he called “staggeringly broad” provisions on hold while two federal lawsuits challenging Senate File 496 proceed. The judge found the book bans “unlikely to satisfy the First Amendment under any standard of scrutiny,” and the teaching restrictions “void for vagueness under the due process clause of the Fourteenth Amendment.”

However, the state may continue to enforce a provision requiring school administrators to inform parents or guardians if a student seeks an “accommodation that is intended to affirm the student’s gender identity.” Judge Locher found the LGBTQ students who are plaintiffs in one case lack standing to challenge that provision, since “they are all already ‘out’ to their families and therefore not affected in a concrete way” by it.

Governor Kim Reynolds and Attorney General Brenna Bird quickly criticized the court’s decision. But neither engaged with the legal issues at hand.

Continue Reading...

State gaslights on Iowa's book ban, "don't say gay/trans" law

Image of frequently banned books by On The Run Photo is available via Shutterstock. All books shown here have been removed from multiple Iowa school districts, according to the Des Moines Register’s database.

A federal judge will soon decide whether to block enforcement of all or part of an Iowa law that imposed many new regulations on public school libraries and educators.

Two groups of plaintiffs filed suit last month challenging Senate File 496 as unconstitutional under the First and Fourteenth Amendments to the U.S. Constitution. Among other things, the law prohibits school libraries and classrooms from offering “any material with descriptions or visual depictions of a sex act.” It also forbids schools from providing “any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.”

U.S. District Court Judge Stephen Locher of the Southern District of Iowa did not consolidate the cases, which contain some overlapping arguments. But he did consolidate the hearings on the plaintiffs’ requests for a temporary injunction, which would prevent the state from enforcing certain provisions of SF 496 while litigation proceeds.

Near the end of that December 22 hearing in Des Moines, the judge said he will rule on whether to issue an injunction by January 1, when provisions allowing the state to investigate or discipline educators or school districts for certain violations will take effect.

Attorneys for the state advanced several misleading or contradictory legal arguments at the hearing and in briefs filed last week.

Continue Reading...

A close look at the second lawsuit challenging Iowa's book bans

From left: Author Laurie Halse Anderson, author Malinda Lo, and Iowa State Education Association President Mike Beranek. Screenshots taken during the November 30 news conference announcing a new legal challenge to Senate File 496.

“The right to speak and the right to read are inextricably intertwined.”

So declare the plaintiffs in the second lawsuit filed challenging Iowa’s new ban on certain library books and classroom materials.

The new federal lawsuit focuses on two provisions of Senate File 496, which Republican lawmakers approved in April and Governor Kim Reynolds signed in May. A separate federal lawsuit filed last week challenges SF 496 in its entirety, focusing on additional provisions targeting LGBTQ students as well as the book bans.

Continue Reading...

Error prompts governor's "extraordinary" intervention on appointing judge

For the second time in three years, Governor Kim Reynolds refused to act on a slate of nominees approved by one of Iowa’s regional judicial nominating commissions.

In early November, Reynolds took the “extraordinary step” of returning one candidate to the District 2B Judicial Nominating Commission. She eventually appointed Ashley Sparks to fill the District Court vacancy, but only after the commission held an additional meeting (at the governor’s request) to nominate a second eligible candidate for the judgeship.

The sequence of events raises questions about the governor’s legal authority to intervene when a judicial nominating commission has not adequately discharged its duties.

The situation also raises broader questions about the District 2B Judicial Nominating Commission. In November 2021, Reynolds refused to fill a vacancy in the same district after determining a judge’s “unprofessional” conduct had tainted the selection process. Since then, the District 2B commission—unlike all of its counterparts around the state—has not followed statutory and constitutional provisions that call for the senior judge of a district to chair such bodies.

Continue Reading...

Court finds Iowa's garbage search law unconstitutional

A Polk County District Court has ruled that the Iowa legislature “overstepped” when it enacted a law allowing police to search garbage outside a home without a warrant.

In a November 13 order granting a defendant’s motion to suppress evidence obtained through trash grabs, Chief Judge Michael Huppert found the 2022 law “void as inconsistent with the language of article I, section 8 of the Iowa Constitution as interpreted by the Iowa Supreme Court.”

Continue Reading...

Court dismisses challenge to Summit-linked Iowa water use permit

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past twelve years.

A Polk County District Court has dismissed a legal challenge to a water permit linked to Summit Carbon Solutions’ proposed CO2 pipeline. But the attorney for the petitioners indicated this won’t be the last attempt to derail the permits Summit-linked LLCs will need for carbon capture facilities.

As Bleeding Heartland previously reported, the suit filed by Kimberly Junker, Candice Brandau Larson, and Kathy Carter sought to review the decision by the Iowa Department of Natural Resources (DNR) to issue “a water withdrawal permit pursuant to Iowa Code § 455B.265.”

“Upon review of the Motion and the court file, the court finds and concludes that the Motion is supported by good cause and should be granted for the reasons stated in the Motion,” District Court Judge Jeanie Vaudt wrote in her brief November 7 order.

Continue Reading...

Data show which Iowa counties have (or don't have) representative juries

Five of the eight Iowa counties with the largest Black populations “had trial juries that were fully representative of their jury-eligible Black population” during 2022 and the first half of 2023, according to data analyzed by the Iowa-Nebraska NAACP. However, trial juries in Polk County and Scott County failed to hit that benchmark, and Dubuque County was “particularly problematic,” with zero Black members of any trial jury during the eighteen-month period reviewed.

The same review indicated that trial juries in Linn and Woodbury counties were close to being representative of the area’s jury-eligible Latino population, while Latinos were underrepresented on juries in Johnson, Marshall, Scott, and Polk counties, and particularly in Muscatine County.

Russell Lovell and David Walker, retired Drake Law School professors who co-chair the Iowa-Nebraska NAACP Legal Redress Committee, examined juror data provided by the Iowa Judicial Branch and presented their findings at the 11th Annual Iowa Summit on Justice and Disparities in Ankeny on November 3.

Continue Reading...

State drops charge related to Adrian Dickey's RAGBRAI arrest

State Senator Adrian Dickey no longer faces a criminal charge stemming from his arrest in Sac County on the second day of RAGBRAI.

Sac County Attorney Ben Smith filed a motion to dismiss the charge of interference with official acts in Sac County Court on October 6. Magistrate Joshua Walsh granted the motion later the same day. Dickey had pleaded not guilty and had requested a jury trial. His attorney had characterized the dispute with a sheriff’s deputy as a “misunderstanding.”

Smith made three points in the motion to dismiss:

Continue Reading...

Iowa attorney honored for half-century of civil rights advocacy

Russell Lovell was troubled by the segregation and discrimination he witnessed growing up in a small Nebraska town and resolved to work on civil rights while attending law school in his home state during the late 1960s. His passion for justice extended beyond his nearly 40-year career as a Drake Law School professor and recently earned Lovell an award from the Notre Dame Alumni Association “for his outstanding dedication to advancing civil rights and his commitment to providing experiential learning to the next generation of lawyers.”

Iowa-Nebraska NAACP President Betty Andrews nominated Lovell for the Rev. Louis J. Putz, C.S.C., Award, citing his “fifty years of exceptional NAACP pro bono civil rights advocacy.” As co-chairs of the Iowa-Nebraska NAACP and Des Moines Branch NAACP Legal Redress Committees, Lovell and fellow Drake Law Professor Emeritus David Walker have collaborated on eight amicus briefs submitted to the Iowa Supreme Court. They have also successfully pushed for systemic reforms to make Iowa juries more diverse.

The Iowa Chapter of the National Bar Association recognized Lovell’s civil rights work and advocacy for representative juries in 2020.

Continue Reading...

A win for workers at the University of Iowa Hospitals and Clinics

Nate Willems served in the Iowa House from 2009 through 2012 and practices law with the Rush & Nicholson firm in Cedar Rapids. This essay previously appeared in the Prairie Progressive.

In August 2019, I filed a federal lawsuit on behalf of several current and former employees of University of Iowa Hospitals and Clinics. We claimed UIHC was violating Iowa law by holding on to certain wage payments for too long before paying. As UIHC had a common payroll practice, we sought to certify a class action. Eventually, the U.S. District Court authorized the class action, and we took on representation of 11,000 current and former UIHC workers.

There was never any allegation UIHC entirely refused to pay workers. However, Iowa law requires a regular payday be within twelve days after the end of the period in which the wages were earned. For as long as anyone could remember, overtime, supplemental pay, pay for shifts that went long, and other types of premium pay were paid one month late. 

Continue Reading...

Today's SCOTUS controversy would be deja vu to Gil Cranberg

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

A timely editorial on the U.S. Supreme Court and judicial ethics—“Injudicious investments”—began as follows: “The U.S. Supreme Court sits on a ticking time bomb. The high court’s integrity and prestige will be damaged severely when the bomb goes off.”

The Supreme Court is the nation’s only judicial body without a code of ethics or standards to guide the justices on when, among other things, a justice should not take part in deciding a case. Randy Evans covered such issues well in a recent column. His points are underscored in an Iowa Supreme Court website devoted to the Iowa Judicial Qualifications Commission. The commission deals with allegations of misconduct by Iowa judges, magistrates and court employees.

So the editorial quoted above is timely and provocative.

That’s because the Des Moines Register published the “ticking time bomb” editorial, written by Gil Cranberg, more than 43 years ago — on June 11, 1980. It focused on how to avoid having a justice’s stock portfolio influence court decisions.

Continue Reading...

Brenna Bird, do the right thing

Mitch Henry chairs the Iowa Unity Coalition.

Iowa Attorney General Brenna Bird is appealing a judge’s decision that cleared the way for election officials to offer non-English voting materials to the public.

Under Polk County District Court Judge Scott Rosenberg’s June 28 ruling, Iowa counties are allowed, at their discretion, to provide citizens with voting materials (including ballots, voter-registration forms, and absentee ballot request forms) in languages other than English. The decision dissolved a 15-year-old injunction that had blocked Iowa counties from printing the forms in other languages. Former U.S. Representative Steve King was among the plaintiffs in a lawsuit against then Iowa Secretary of State Michael Mauro, which led to the injunction in 2008.

The court’s recent ruling stemmed from a lawsuit the League of United Latin American Citizens of Iowa filed in 2021 to challenge the state’s application of the English Language Reaffirmation Act to election materials.

Continue Reading...

Judicial ethics in Iowa differ from Washington ethics

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

There were more disclosures in recent days in the ongoing saga involving the ethical standards of justices on the U.S. Supreme Court—or, more accurately, the lack of ethical standards.

With each new disclosure about our nation’s highest court, the reputations of Iowa Supreme Court justices take on more luster—and deservedly so.

Continue Reading...

Adrian Dickey seeking damages from daughter who sued over car lien

State Senator Adrian Dickey is seeking monetary damages from his daughter and others who filed a civil lawsuit in July accusing him of fraud in connection with a car lien and title.

Korynn Dickey, her mother Shawna Husted, and adoptive father Allen Husted alleged in court filings that after buying Korynn a car in 2020, “no strings attached,” Adrian Dickey signed his daughter’s name to car lien and car title application forms, without her knowledge or consent. The senator asserted in a response filed with the Jefferson County District Court that Korynn “acquiesced or consented/gave her permission” for her father to sign her name.

I wondered whether Dickey might seek to settle this litigation to avoid the expense and publicity of a trial. Instead, he escalated the conflict on August 16, when his attorney Paul Miller submitted an amended answer to the lawsuit. A new section lays out a counterclaim against all plaintiffs, accusing them of making false “written and spoken statements” that “are injurious to the Defendant’s reputation.” Dickey is asking the court to award $120,000 in damages.

Continue Reading...

Iowa court's use of qualified immunity threatens our rights

Sondra Feldstein is a farmer and business owner in Polk County and a plaintiff in the litigation discussed here. She took the photo above, showing the Geisler farm (the buildings in the distance) in the middle of farmland in eastern Polk County.

When the Iowa legislature debated the so-called “back the blue” law in 2021, a key component was the section adding qualified immunity to state code. At the time, public discussion focused on the impact this would have on law enforcement by providing protection from suits involving monetary damages. News stories, commentators, legislators, and Governor Kim Reynolds (when she signed the bill) all claimed qualified immunity would—depending on your point of view—either protect police officers no matter how egregious their conduct, or make it easier for officers to do their jobs without worrying about getting sued for a split-second decision.

Polk County District Court Judge Jeanie Vaudt recently applied the qualified immunity language to dismiss, with prejudice, a lawsuit plaintiffs (myself included) brought against the Polk County Supervisors over a zoning dispute. When a case is dismissed “with prejudice,” the only recourse is to appeal to the Iowa Supreme Court, rather than allowing the plaintiffs to amend their suit to address any issues of law or procedure the lower court may have found (which frequently happens).

If allowed to stand, this decision could be cited in denying any lawsuit brought against any Iowa governmental body, including the state itself. Goodbye efforts to hold governments accountable for their decisions, or for that matter, any effort to force Iowa governments to follow the law.

Continue Reading...

Article III, Section 29: Iowa Supreme Court, legislature both got it wrong

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:

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. 

Continue Reading...

Governor turns up pressure on Iowa Supreme Court over abortion ban

Abortion became legal again in Iowa on July 17, after a Polk County District Court blocked the state from enforcing a near-total ban Governor Kim Reynolds had signed into law three days earlier.

Reynolds immediately vowed to “fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”

It was the latest example of Reynolds striking a defiant tone toward the jurists who will eventually decide whether the Iowa Constitution allows the government to make abortion almost impossible to obtain.

Continue Reading...

Moves to impeach justices would undermine Iowa courts

Bernard L. Spaeth, Jr. is chair of the Iowa State Committee of the American College of Trial Lawyers.

The Iowa State Committee of the American College of Trial Lawyers condemns impeachment threats made against Iowa Supreme Court Chief Justice Susan Christensen and Justices Thomas Waterman and Edward Mansfield arising from their decision in Planned Parenthood of the Heartland, et al, v. Reynolds, No. 22-2036 (Iowa Supreme Court, June 16, 2023).

The justices voted to uphold a lower court decision that refused to vacate a four-year old injunction against the 2018 fetal heartbeat bill without new abortion legislation. The Sunday Des Moines Register on July 2 included a guest column from Bob Vander Plaats who argued their judicial act constitutes a “misdemeanor or malfeasance in office” under the Iowa constitution allowing the legislature to impeach and remove them. Nothing could be further from the truth.

Continue Reading...

Grassley again scores high on HUH?-meter

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

Iowa’s U.S. Senator Chuck Grassley continues to baffle and befuddle his critics—and others—with his questionable comments on important issues of the day. Most recently, as noted in a Bleeding Heartland commentary by Laura Belin, Grassley declined to even read the historic indictment of former President Donald Trump.

Why?

Grassley told a Congressional reporter he had not (and I guess will not) read the indictment because he is “not a legal analyst.”

Continue Reading...

Federal court rulings suggest new Iowa law is unconstitutional

Iowa’s Republican leaders have few checks remaining on their power. But one law approved during the 2023 legislative session appears unlikely ever to go into effect.

Federal judges in four states have blocked the government from enforcing bans on gender-affirming care for minors.

U.S. District Court Judge James Moody issued the most comprehensive ruling on the matter on June 20, when he permanently enjoined an Arkansas law enacted in 2021. Moody found the law violated the Fourteenth and First Amendments of the U.S. Constitution. Three other judges, including two appointed by President Donald Trump, have issued preliminary injunctions on similar laws in Indiana, Alabama, and Florida while litigation proceeds.

Although Arkansas Governor Sarah Huckabee Sanders has said she will appeal the ruling in Brandt v Rutledge, Judge Moody’s extensive findings of fact could influence the outcome on the Eighth Circuit Court of Appeals, where a challenge to Iowa’s ban on gender-affirming care may eventually be heard.

Continue Reading...

What we learned from Iowa Supreme Court's non-decision on abortion

The most closely watched Iowa Supreme Court case of 2023 ended in a stalemate on June 16. Nearly a year to the day after the court’s majority severely undermined reproductive rights by reversing a 2018 precedent, the justices split 3-3 on Governor Kim Reynolds’ effort to lift an injunction on a 2018 law that would ban an estimated 98 percent of abortions.

The split decision in what will be known as Planned Parenthood of the Heartland v Reynolds V affirmed last year’s Polk County District Court ruling “by operation of law.” In other words, the 2018 abortion ban will be permanently enjoined. For the foreseeable future, abortion will remain legal up to 20 weeks in Iowa—in contrast to many other Republican-controlled states.

But top Iowa Republicans have vowed to enact new abortion restrictions, which will prompt new litigation. Although the opinions published on June 16 have no force of law, they provide many clues about how the Iowa Supreme Court may approach its next major abortion case.

Continue Reading...

Cameras are a must in Trump criminal case

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

Forty-four years ago, the Iowa Supreme Court made an important change in the way the state courts operate, by allowing journalists to bring their cameras and audio recorders inside courtrooms during hearings and trials to better inform the public about noteworthy cases.

Iowa was a pioneer in making its court proceedings more accessible and transparent to those who could not be there in person.

It is long overdue for the federal courts to follow Iowa’s lead and swing open the doors of federal courtrooms across the country to provide similar access. The coming proceedings in Florida in the case of United States of America vs. Donald J. Trump cry out for making this change.

Continue Reading...

Iowa governor passes over GOP foe of school vouchers for judgeship

Governor Kim Reynolds got just about everything she wanted from the Iowa legislature during the 2023 session. But she signaled this week that she isn’t ready to let bygones be bygones when it comes to Republicans who have stood in her way.

The governor’s office announced three District Court judicial appointments on June 16, including Michael Carpenter for District 8A, covering ten counties in southeast Iowa. The other person nominated for that judgeship was former State Representative Dustin Hite.

Continue Reading...

Supreme Court compounds WOTUS woes

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

In a May 25 decision, the U.S. Supreme Court greatly restricted the jurisdiction of the U.S. Environmental Protection Agency and the Army Corps of Engineers to protect wetlands under the Clean Water Act.

The Clean Water Act gives the agencies authority to protect “waters of the United States,” known as WOTUS. Constitutionally, the EPA and the Corps have jurisdiction over waters that affect interstate commerce. Certainly, interstate rivers like the Mississippi and the Missouri affect interstate commerce. And no one seriously argues that rivers and streams that flow into interstate rivers are not within the EPA’s and the Corps’ jurisdiction. But what about wetlands?

Continue Reading...

Why this school district's secrecy prompted us to sue

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

In 2017, the Iowa legislature responded to concerns from Governor Terry Branstad and amended Iowa law to ensure that when government employees are forced out of their jobs, the reasons must be made public and not shrouded in secrecy.

The goal was commendable. The governor was right. People deserve to be told “why.” It is called public accountability.

Since then, the transparency promised six years ago has diminished.

Continue Reading...

Good news, bad news in Iowa Supreme Court's latest ruling on trans rights

Disclosure: The ACLU of Iowa is representing Laura Belin and other plaintiffs in an open records lawsuit now pending in Polk County District Court. That case is unrelated to the litigation discussed here.

“We are celebrating today,” said the ACLU of Iowa’s legal director Rita Bettis Austen during a May 12 news conference to discuss the Iowa Supreme Court’s latest decision in a transgender rights case.

In Vasquez and Covington v. Iowa Department of Human Services, the court dismissed as moot the state’s appeal of a lower court ruling, which had found a 2019 law and related administrative rule to be unconstitutional. The result means the state cannot enforce a regulation barring Medicaid coverage for Iowans who need gender-affirming surgery.

Bettis Austen told reporters, “The importance of this truly cannot be overstated,” adding that “Transgender Iowans on Medicaid can continue to receive the coverage for life-saving gender-affirming care, that they desperately need.” Plaintiffs Aiden Vasquez and Mika Covington fought for nearly four years to obtain this outcome and can feel proud of making history for trans Iowans.

However, other aspects of the court’s unanimous decision, authored by Justice Thomas Waterman, raise questions about how Iowa’s high court may approach future challenges to state laws or policies designed to discriminate against transgender people.

Continue Reading...

Iowans sue governor for cutting off pandemic unemployment benefits

Clark Kauffman is deputy editor at Iowa Capital Dispatch, where this article first appeared.

A potential class-action lawsuit claims Governor Kim Reynolds’ refusal to pay pandemic-related jobless assistance to 30,000 Iowans was unlawful and deprived those individuals of “life-sustaining benefits.”

Lawyers for Karla Smith of Pleasantville and Holly Bladel of Clinton have filed a lawsuit in U.S. District Court for the Southern District of Iowa claiming the two women and thousands of other Iowans were illegally denied unemployment benefits in 2021 due to the actions of Reynolds and Iowa Workforce Development Director Beth Townsend.

The lawsuit alleges Reynolds and Townsend violated Iowa’s Employment Security law, which requires the state to “cooperate with the United States Department of Labor to the fullest extent” and make available to Iowans “all advantages available under the provisions of the Social Security Act that relate to unemployment compensation.”

Continue Reading...

The Supreme Court needs guardrails

Rick Morain is the former publisher and owner of the Jefferson Herald, for which he writes a regular column.

“Power tends to corrupt, and absolute power corrupts absolutely.”—Lord Acton, 1887

We usually hear this statement when someone wants to make a point about someone else, someone in power. I’m doing just that. And those to whom I want to point in this case are the justices of the U.S. Supreme Court.

Continue Reading...

Victory for Sierra Club in Supreme Beef lawsuit

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

A Polk County District Court ruled on April 28 that the Iowa Department of Natural Resources (DNR) improperly approved Supreme Beef’s nutrient management plan.

Supreme Beef LLC is an 11,600-head cattle feeding operation in Clayton County. It sits at the headwaters of Bloody Run Creek, one of the most treasured trout streams in Iowa and officially designated as an Outstanding Iowa Water.

Continue Reading...

Governor entered private Iowa Supreme Court area—without permission

Governor Kim Reynolds, her staff, and security detail used a non-public elevator and “walked down the secure hallway” where Iowa Supreme Court justices have private offices before attending the April 11 oral arguments in a major abortion-related case.

“Neither the justices, supreme court staff, or Judicial Branch Building security knew or gave permission for the governor or Iowa State Highway Patrol to access the supreme court’s non-public office space” at that time, according to Molly Kottmeyer, counsel to Chief Justice Susan Christensen.

Continue Reading...

Iowa Republicans bolster case against own anti-trans law

As Iowa Republican lawmakers advanced Governor Kim Reynolds’ wide-ranging education bill this month, they expanded on language spelling out parents’ right to make decisions affecting their own child.

The latest version of the bill inadvertently admits that Iowa’s new law banning gender-affirming care for minors violates a “fundamental, constitutionally protected right.”

Continue Reading...

Can Iowa's "bathroom bill" withstand court challenge?

UPDATE: The governor signed this bill on March 22. Original post follows.

Republicans took another step last week toward making the Iowa legislature’s 2023 session the worst ever for LGBTQ people. After letting similar bills die without committee approval as recently as 2021, the GOP fast-tracked legislation this year that prohibits transgender people from using the school restroom or locker room that corresponds to their gender identity.

The Iowa Senate passed the latest “bathroom bill,” Senate File 482, on March 7 in a party-line vote. The Iowa House approved the bill on March 16 by 57 votes to 39, with five Republicans (Chad Ingels, Megan Jones, Brian Lohse, Phil Thompson, and Hans Wilz) joining every Democrat present in opposition.

Governor Kim Reynolds is expected to sign the bill, along with legislation banning gender-affirming health care for minors. At this writing, neither bill has been forwarded to her office.

Iowa’s GOP trifecta won’t have the final word on the subject, however. Transgender plaintiffs have challenged restrictive bathroom policies in several states, and I expect one or more Iowa students to file suit soon after Senate File 482 goes into effect.

During the floor debates in the Iowa House and Senate, lawmakers pointed to key issues courts will consider as they weigh the bill’s stated goal (protecting students’ privacy) against its adverse impact on a specific group (students whose sex listed on a birth certificate does not match their gender identity).

Continue Reading...

Iowa ban on gender-affirming care would face uphill battle in court

UPDATE: The governor signed this bill on March 22. Original post follows.

Moving with unusual speed last week, Iowa Republican lawmakers approved Senate File 538, which broadly prohibits gender-affirming care, including puberty blockers, hormone treatments, and surgery, for Iowans under age 18.

Governor Kim Reynolds is expected to sign the bill soon, having used several opportunities over the past year to position herself against transgender youth.

The new law would certainly be challenged in court, as similar bans prompted lawsuits in Arkansas and Alabama.

During hours-long debates in the Iowa Senate and House, lawmakers raised points that would be central to litigation over whether banning gender-affirming care violates the constitutional rights of transgender children, their parents, and medical professionals.

For this post, I’ve pulled video clips to illustrate some of the core legal questions surrounding the bill. But there is much more of value in the passionate speeches delivered about Republicans’ latest attempt to target LGTBQ Iowans. You can watch the full Senate debate here (starting around 7:32:30) and the House debate here (starting around 1:40:45).

Continue Reading...

What Iowa's remarkable medical malpractice debate revealed

“Medical Malpractice Reform gets Iowa back in the game of recruiting and retaining physicians to care for Iowans!” Governor Kim Reynolds tweeted on February 16. She had just signed House File 161, a bill limiting damages in medical malpractice lawsuits.

Reynolds waited a long time for that moment. Two years running, similar proposals failed to reach her desk for lack of support in the GOP-controlled state House.

The bill signing capped one of the most dramatic debates in recent Iowa political memory.

It’s rare for more than a handful of Republican lawmakers to go on record against any bill that’s a priority for leadership. Not only did seventeen GOP lawmakers oppose passage of House File 161, six members of the majority party explained their objections during the hours-long debates in the House and Senate on February 8.

In addition to exposing divisions within Republican ranks, some remarks from the legislative proceedings may become important if the new law is challenged in court.

Continue Reading...

Brenna Bird quietly pursues extreme anti-abortion agenda

The Iowa Attorney General’s office has issued statements touting several legal actions by Attorney General Brenna Bird, seeking to block various federal regulations.

But when Bird joined a multi-state effort on February 10 to cut off access nationwide to mifepristone, a widely used drug for medication abortions and treatment of first-trimester miscarriages, her office did not announce the decision. Nor has it publicized letters Bird and other Republican attorneys general signed this month, warning at least three corporations about policies or practices related to abortion.

Communications staff for Bird and Governor Kim Reynolds did not respond to Bleeding Heartland’s inquiries about the legal moves. Bird has long said she is “pro-life,” and immediately after taking office pledged to “defend Iowa’s statutes, especially those protecting innocent unborn babies.” But Iowa law permits abortions up to 20 weeks and does not restrict the use of mifepristone.

Continue Reading...

Iowa House votes to protect speech from frivolous lawsuits

UPDATE: Although an Iowa Senate Judiciary subcommittee recommended passage of this bill, the full Judiciary Committee did not take it up before the legislature’s second “funnel” deadline on March 31. That means the bill won’t advance this year. Original post follows.

Iowa House members voted overwhelmingly on February 9 to make it easier to counter lawsuits filed in order to chill speech.

House File 177 would create a path for expedited dismissal of meritless claims stemming from exercise of the constitutionally-protected “right of freedom of speech or of the press, the right to assemble or petition, or the right of association […] on a matter of public concern.” Such cases are sometimes called “strategic lawsuits against public participation” (SLAPP), because the plaintiffs’ goal may be primarily to discourage speech or media coverage, rather than to prevail in court.

The Republican floor manager, State Representative Steven Holt, said passing an anti-SLAPP law became a priority for him after the Carroll Times Herald was sued over coverage of a local police officer who had relationships with teenage girls. Holt noted that even though the libel lawsuit was not successful, the newspaper “was left with over $100,000 in debt and nearly went out of business.”

Holt said the bill was about “protecting our small-town newspapers and media outlets.” Democratic State Representative Megan Srinivas also spoke in favor of the bill, saying it was critical to protect journalists, especially those working in small communities.

Continue Reading...

Iowa Senate votes to increase governor's influence over courts

Governor Kim Reynolds is one step closer to controlling a majority of votes on all of Iowa’s judicial nominating commissions, following Iowa Senate passage of Senate File 171 on February 8.

Voting 34 to 15 along party lines, the chamber approved the bill, which would give the governor an extra appointee on commissions that recommend candidates for lower court appointments, and remove district chief judges from those bodies.

Continue Reading...

Court rejects every argument for reinstating Iowa's 2018 abortion ban

A Polk County District Court has denied the state’s request to lift a permanent injunction on a 2018 law that would ban most abortions in Iowa.

Judge Celene Gogerty had asked skeptical questions of both sides during a hearing in late October. But her December 12 ruling agreed with key legal arguments the ACLU of Iowa made on behalf of Planned Parenthood of the Heartland. The judge comprehensively rejected points private attorneys raised on behalf of Governor Kim Reynolds.

Reynolds immediately pledged to appeal the decision to the Iowa Supreme Court, which will likely hear the case next year. Although some justices have signaled they might uphold sweeping abortion bans, Gogerty’s decision gives the justices several ways to determine that this case is not the vehicle for reaching that outcome.

Continue Reading...

Supreme Court case could become slippery slope

Randy Evans can be reached at DMRevans2810@gmail.com

Few people like being told what they must do. Lorie Smith is one of them.

The suburban Denver, Colorado business owner, a devout Christian, builds websites for customers. She wants to expand her business and begin building websites for couples who are planning weddings.

But she is adamant that she does not want to be forced to build websites for same-sex couples. Doing so, she says, would violate her faith, which does not allow her to celebrate same-sex marriages.

Continue Reading...

Affirmative action benefits all students and communities

Matt Sinovic is the Executive Director of Progress Iowa, a multi-issue progressive advocacy organization.

Iowans know everyone deserves the opportunity to succeed, regardless of race, gender, sexual orientation, or economic status. We know education is one of the greatest methods to achieve success, and we believe talented students from all backgrounds deserve a fair shot to overcome obstacles to educational opportunity.

We also know that the greatest opportunity to learn comes in diverse settings, where we can discuss with and learn from people of different races, religions, and ethnicities. Learning from people with different backgrounds benefits our nation, our communities, our workforce and our students. 

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...

When "reasonable" takes a turn that is not

Randy Evans can be reached at DMRevans2810@gmail.com

“Reasonable” is a word that is used often in Iowa’s laws. Reasonable fees. Reasonable rules. Reasonable efforts. Reasonable force.

But events in recent weeks show government officials are not always following what many Iowans would think the term means. And when government officials deviate from “reasonable,” they should not be surprised if their standing or the stature of their agency suffers in the public’s eyes.

Consider the Linn-Mar Community School District.

Continue Reading...

ACLU dismantles state's case for reinstating 2018 abortion ban

The ACLU of Iowa filed new legal arguments last week in Iowa’s most important pending abortion rights case. Governor Kim Reynolds is seeking to reinstate a near-total abortion ban, which a Polk County District Court found unconstitutional in 2019.

Last month, private attorneys representing the state in this litigation (since Attorney General Tom Miller declined to do so) gave the District Court one big reason to lift the permanent injunction on a 2018 law that would ban almost all abortions after about six weeks.

In a response brief filed on behalf of Planned Parenthood of the Heartland, the ACLU gave the District Court several paths to reject the state’s request.

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...

Iowans want leaders to focus on people, not politics

State Representative Lindsay James of Dubuque is the Iowa House minority whip.

No matter who we are or what corner of the state we call home, most Iowans want similar things: to make a good living, care for our families, and feel safe and connected to our communities. Iowans want to be able to afford the things that matter most and be able to go to the doctor without going broke. 

As former Vice President Mike Pence makes his way to Iowa this week, it’s important to remember that MAGA Republicans and Pence don’t have Iowans’ best interests at heart. 

Continue Reading...

Governor discounts pregnant Iowans' well-being. Will Supreme Court agree?

Lawyers representing Governor Kim Reynolds have taken the first step toward reinstating a 2018 law that would ban nearly all abortions in Iowa. A Polk County District Court struck down that law in 2019, and Reynolds did not appeal the decision. A motion filed on August 11 asks the court to lift the permanent injunction, which was founded on Iowa and U.S. Supreme Court rulings that have since been reversed.

In a written statement amplified on her social media, Reynolds promised, “As long as I’m Governor, I will stand up for the sanctity of life and fight to protect the precious and innocent unborn lives.”

Left unsaid by the governor, but made clear by the legal brief her team filed: pregnant Iowans’ interests have almost no value in the eyes of the state.

Will four Iowa Supreme Court justices balance competing concerns the same way?

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...

Separating the ethic from the dogma

Richard Lindgren is Emeritus Professor of Business at Graceland University in Lamoni, Iowa, now retired in Gulf Coast Florida. He blogs at godplaysdice.com.

A Kentucky circuit court recently granted a temporary injunction to halt the implementation of Kentucky’s “trigger law” that would ban abortion in response to the recent Dobbs Supreme Court decision. The judge spelled out perhaps the clearest rationale to date why the most extreme of the anti-abortion laws are blatantly unconstitutional according to the Kentucky state constitution (regardless of what the current Supreme Court says):

Continue Reading...

Cartoon: SCOTUS-induced Tragic Prelude 2.0

William R. Staplin shares another cartoon and explains his artistic choices.

I was inspired to draw this cartoon because of the egregious decision by the Supreme Court of the United States (SCOTUS) to overturn a 49 year-old precedent, Roe v. Wade. The majority abandoned pregnant Americans’ right to choose safe health care outcomes, including abortion.

I fashioned this cartoon in the same style as a famous work from the American Regionalist Movement (or American Regionalism Movement). The master artist was John Steuart Curry and he painted the politically controversial mural, “Tragic Prelude, (1940).”

Continue Reading...

Reynolds seeks legal do-over to reinstate 2018 abortion ban

Governor Kim Reynolds announced on June 28 that she will seek to lift an injunction on a 2018 law that would have banned almost all abortions in Iowa. After that law was struck down in early 2019, Reynolds opted not to appeal the decision, due to an Iowa Supreme Court precedent that is no longer operative.

The governor will also ask the Iowa Supreme Court to rehear a recently-decided abortion case, taking into account the U.S. Supreme Court’s majority opinion that overturned the Roe v Wade and Casey precedents.

Continue Reading...

How far can Iowa Republicans go to ban abortion? (updated)

The worst-case scenario for bodily autonomy in Iowa played out over the past ten days. First, the Iowa Supreme Court on June 17 overturned its own 2018 precedent that established a fundamental right to abortion, protected by the state constitution. Then, the U.S. Supreme Court on June 24 overturned the 1973 Roe v Wade decision that established a federal constitutional right to an abortion, and the related Casey decision of 1992.

Top Iowa Republicans immediately promised further action to restrict abortion, which is now legal in Iowa up to 20 weeks of pregnancy. It’s not yet clear when they will try to pass a new law, which exceptions (if any) may be on the table, or whether a ban modeled on other state laws could survive an Iowa court challenge.

Continue Reading...

How did we get here? An analysis of the Dobbs decision

Bleeding Heartland user “Bill from White Plains” is an Iowa attorney.

Now that five U.S. Supreme Court justices have overturned the Roe v. Wade precedent when deciding Dobbs v. Jackson Women’s Health Organization, I thought it might be helpful to do a deep dive into the legal bases for that decision. Most folks see this as a “results-oriented” ruling, “judicial activism” done by “unelected judges” superseding “the will of the people.”

As with most Supreme Court cases, the popular press has focused on the result (ending any federal constitutional right to an abortion), rather than the legal framework. More often than not, our discourse parrots what we read and hear from the media. It is important to learn how the Supreme Court majority reached this outcome, because for the rest of our lives, that legal framework may impact civil rights most of us have taken for granted for decades.

Continue Reading...

Only five applied for Iowa Supreme Court vacancy

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

Continue Reading...

Iowa Supreme Court's abortion reversal may cast long shadow

Five Iowa Supreme Court justices allowed a 24-hour waiting period for all abortions to go into effect and opened the door to more sweeping restrictions on June 17, when justices overturned the court’s 2018 precedent that had found the Iowa Constitution protects a fundamental right to seek an abortion.

The outcome is precisely what Republican legislators were seeking two years ago, when (buoyed by unusually rapid turnover on Iowa’s highest court) they passed a law nearly identical to the one struck down in the 2018 case.

Two dissenting justices warned that the latest decision injects “instability” and “confusion” into Iowa’s legal landscape, because the court’s majority did not establish a new standard for evaluating the constitutionality of abortion restrictions. Two justices signaled they would allow almost any limits on the procedure. Three justices indicated they might be open to a similar approach, or might strike a different balance that recognizes some bodily autonomy for Iowans wanting to terminate a pregnancy.

In the words of Justice Brent Appel, the majority set forth “a jurisprudence of doubt about a liberty interest of the highest possible importance to every Iowa woman of reproductive age.”

The ruling may also undermine public confidence that Iowa Supreme Court rulings are grounded in legal analysis, rather than politics.

Continue Reading...

Welcome to Iowa, land of entrapment

Carl Olsen is the founder of Iowans for Medical Marijuana.

If you have travel plans this summer, you might want to consider a route that avoids Iowa.  Last week, the Iowa Supreme Court denied protection for an out-of-state medical marijuana patient.

William Morris covered the ruling for the Des Moines Register, and Paul Brennan wrote about it at Little Village.

After reading the 4-3 majority opinion in State v. Middlekauff, I felt something seemed amiss. 

Continue Reading...

Iowa Supreme Court Justice Brent Appel retiring soon

Iowa’s State Judicial Nominating Commission is accepting applications to replace the longest-serving current Iowa Supreme Court justice.

Justice Brent Appel, who has served on the court since October 2006, will step down on July 13, when he reaches the mandatory retirement age of 72. Since Justice David Wiggins retired in early 2020, Appel has been the only one of the seven justices appointed by a Democratic governor.

Continue Reading...

Court rejects governor's motion to dismiss open records lawsuit

A Polk County District Court has rejected Governor Kim Reynolds’ attempt to have an open records lawsuit tossed without being considered on the merits. It was the third time in the past five months that a court denied the state’s motion to dismiss a suit claiming the Reynolds administration violated Iowa’s open records law.

I am among the plaintiffs who sued the governor and some of her staff in December over five unfulfilled requests I had submitted to her office, two requests submitted by Clark Kauffman of Iowa Capital Dispatch, and one request submitted by Randy Evans of the Iowa Freedom of Information Council.

About three weeks after the ACLU of Iowa filed the lawsuit on our behalf, the governor’s office provided most of the records we had requested (in some cases more than a year earlier). The state’s attorneys then sought to have the case dismissed as moot.

Continue Reading...

What could happen in Iowa after Roe is overturned

Five U.S. Supreme Court justices will soon overturn the Roe v Wade and Casey decisions, according to a draft majority opinion obtained by Politico. Josh Gerstein and Alexander Ward published excerpts from the draft, which author Justice Samuel Alito circulated in February.

Assuming the court overrules Roe sometime in the next two months, abortion will become illegal immediately in more than a dozen states. Other Republican-controlled states, including Iowa, will likely pass total or near-total abortion bans soon after.

But any such law could not take effect here as long as a 2018 Iowa Supreme Court precedent stands. In that case, the majority held that the Iowa Constitution protects a fundamental right “to decide whether to continue or terminate a pregnancy,” and any limits on that right are subject to strict scrutiny.

That ruling could be overturned in two ways.

Continue Reading...

Iowa's new garbage search law looks unconstitutional

Iowans have “no reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publicly accessible area,” according to a bill Governor Kim Reynolds signed into law on April 21.

Lawmakers approved Senate File 2296 in response to a June 2021 Iowa Supreme Court ruling, which declared warrantless garbage searches unconstitutional.

Whether the new law can withstand scrutiny is unclear. Attorneys who opposed the bill have pointed out that the legislature and governor cannot override the Supreme Court’s interpretation of the state constitution. But it could be years before a challenge to the law reaches the high court.

Continue Reading...

Iowa's third-party candidates have more time to qualify for ballot

Iowa candidates not affiliated with the Republican or Democratic parties will have until August 27 to qualify for the general election ballot, under a recent federal court ruling.

A law enacted in 2019 required third-party and independent candidates to submit nominating papers by the same mid-March filing deadline that applies to Democratic or Republican primary election candidates. But Chief U.S. Magistrate Judge Helen Adams ruled the law unconstitutional earlier this month, saying the early deadline “imposes a substantial burden” on the Libertarian Party of Iowa’s rights under the First and Fourteenth Amendments to the U.S. Constitution.

Whereas major parties are allowed to nominate candidates after the June primaries, the law forced “non-party political organizations” or independent candidates to collect signatures during the winter months. They also had to recruit all of their candidates “well before the political landscape is fleshed out, before the primary elections in June, before the Political Party candidates are solidified and finalized, before the current election issues are fully developed, and before voters are truly engaged in the election process,” the court determined.

Bleeding Heartland’s review of recent candidate filings indicated that fewer third-party candidates seeking state or federal offices qualified for the ballot after the 2019 law went into effect. No independent candidates filed for statewide or federal offices before this year’s March filing deadline. The Libertarian Party of Iowa fielded a ticket for governor and lieutenant governor, but no candidates for other statewide offices or for U.S. House or Senate.

A brief the state submitted to the federal court this week acknowledged that since the March deadline has been declared unconstitutional, “the filing deadline that existed prior to the 2019 amendments remains in force.” Under that version of the code section, independent or third-party candidates running for state or federal offices must submit nominating papers to the Iowa Secretary of State’s office “not more than ninety-nine days nor later than 5:00 p.m. on the seventy-third day before the date of the general election to be held in November.”

By my calculation, that sets this year’s filing window from August 1 through August 26. (Communications staff for the Secretary of State’s office did not respond to an inquiry.) UPDATE: The Secretary of State’s office later published a document showing the filing period would run through August 27.

Continue Reading...

Three takeaways from Iowa's latest transgender equality ruling

Nearly fifteen years after state legislators and Governor Chet Culver added sexual orientation and gender identity to the Iowa Civil Rights Act, the Iowa Supreme Court ruled on the first employment discrimination lawsuit brought by a transgender Iowan.

On April 1 the seven justices unanimously upheld a Polk County jury verdict, which found that the Iowa Department of Corrections unlawfully discriminated against plaintiff Jesse Vroegh. Superiors refused to allow Vroegh to use male restrooms and locker rooms when he worked as a nurse at the Iowa Correctional Institute for Women.

The court also upheld the jury’s finding that the state discriminated against Vroegh by refusing to cover gender-affirming “top” surgery, even though the state’s insurance plan would have covered a double mastectomy for a medical need not related to gender identity.

But breaking with the U.S. Supreme Court, six Iowa Supreme Court justices determined that gender identity discrimination did not also constitute discrimination against Vroegh on the basis of sex.

Continue Reading...

Abby Finkenauer’s rhetoric was embarrassingly misguided

Randy Evans: What Abby Finkenauer should know — and what Donald Trump also should understand — is that it is not evidence of bias when a judge disagrees with your position in a dispute.

A common refrain from Democrats during Donald Trump’s years in the presidency was that he was undermining public trust and confidence in our courts with his talk of judges being biased and having political motives when they ruled against him. 

Trump’s comments were a bunch of hooey — and it certainly was a bunch of hooey last week, too, when a prominent Iowa Democrat, U.S. Senate candidate Abby Finkenauer, sang from the Trump song sheet about judicial bias

Continue Reading...

What the Supreme Court said—and didn't say—in Finkenauer case

The Iowa Supreme Court surprised many in the political and legal worlds on April 15 with a unanimous judgment reinstating U.S. Senate candidate Abby Finkenauer to the Democratic primary ballot.

Five justices resolved an apparent contradiction between two parts of Iowa’s election law by saying an incorrect or missing date is not a valid reason for not counting a signature on a candidate’s petition. They reversed a Polk County District Court, which days earlier reached the opposite conclusion: that an undated signature cannot be counted, and therefore Finkenauer did not qualify for the ballot.

Two justices concurred with the outcome of reversing the lower court but did not explain their reasoning.

The result was a big loss for Republican plaintiffs who challenged the State Objection Panel’s decision to let three disputed signatures on Finkenauer’s petitions stand. It’s also an embarrassment for Republican legislators who moved last year to limit the panel’s discretion.

By deciding this case on narrow grounds, the Iowa Supreme Court left some big legal questions to be adjudicated another election year.

Continue Reading...

Court: Iowa's early filing deadline for third parties unconstitutional

A federal judge has ruled that Iowa’s early filing deadline for third-party candidates “imposes a substantial burden” on the Libertarian Party of Iowa’s rights under the First and Fourteenth Amendments to the U.S. Constitution.

Iowa legislators changed the state’s election law in 2019 to require independent candidates or those affiliated with a non-party political organization (like the Libertarian or Green Party) to file nominating papers for state or federal offices by mid-March, the same deadline as for Democrats and Republicans running in primaries.

The Libertarian Party and Jake Porter, the party’s 2018 nominee for governor, filed suit in 2019, saying the change put “heavy burdens” on third parties, and the adverse treatment served no legitimate state interest.

Helen Adams, chief magistrate judge for the U.S. District Court for the Southern District of Iowa, ruled on April 8 that Iowa’s legal framework places third parties “at a disadvantage” compared to the major parties, and the state’s “articulated interest in effective and equitable administration of election laws” did not justify those burdens.

Continue Reading...

Judge rules Abby Finkenauer should be off primary ballot

A Polk County District Court has handed a big win to Republicans seeking to knock Abby Finkenauer off the Democratic primary ballot for U.S. Senate.

Judge Scott Beattie ruled on April 10 that the State Objection Panel used the wrong legal standard when it counted signatures with missing or incorrect dates. Consequently, the court found, Finkenauer’s campaign “has failed to submit at least 100 signatures from at least 19 counties” as required by Iowa law.

Continue Reading...

Why Iowa's senators voted against historic SCOTUS confirmation

The U.S. Senate made history on April 7 by confirming the first Black woman to the U.S. Supreme Court, with the country’s first Black vice president presiding. Three Republicans joined all 50 members of the Senate Democratic caucus to confirm Appeals Court Judge Ketanji Brown Jackson, prompting loud applause in the chamber.

There was never any doubt that Iowa’s two Republicans would vote against this confirmation. However, Senators Chuck Grassley and Joni Ernst laid out their reasons for opposing Judge Brown Jackson only this week.

Continue Reading...

Bill would deny justice to truck crash victims

Aside from must-do tasks like adopting a budget for the coming fiscal year, Republican leaders of the Iowa House and Senate hope to secure agreement on a few policy bills before adjournment. The outstanding issues include proposed cuts to unemployment benefits, a plan to divert public education funds to private schools, and changes to Iowa’s can and bottle recycling program.

Another priority for legislative leaders is a bill to shield trucking companies from some kinds of lawsuits and cap damages for other legal claims related to commercial vehicle crashes. The proposal lacked enough support among Iowa House Republicans to advance during the 2021 session, and a revised version produced a rare defeat for House leaders in a floor vote last month.

James Bergert lost his wife Joanna Rizzo and was injured himself in a horrific collision on Interstate 35 last August. He and his wife’s estate filed suit March 18 against the tow truck driver who allegedly caused the crash, as well against the trucking company that driver owns. Bergert and his attorney Erik Luthens spoke to Bleeding Heartland recently about the case and how pending “tort reform” proposals would affect future victims of similar tragedies.

Continue Reading...

What is—and isn't—in lawsuit against panel ruling on Finkenauer

Two Republican voters filed suit on March 31 challenging the State Objection Panel’s decision to allow U.S. Senate candidate Abby Finkenauer to remain on the Democratic primary ballot.

Attorney Alan Ostergren, who has represented Republican candidates and committees in several high-profile election cases, filed the lawsuit on behalf of Kim Schmett and Leanne Pellett. They charge that the panel, comprised of Secretary of State Paul Pate, Attorney General Tom Miller, and State Auditor Rob Sand, should have disallowed signatures on Finkenauer’s nominating petitions where voters did not provide the correct date. Doing so would have brought the Democratic front-runner’s campaign below the threshold of 100 signatures in at least nineteen counties.

Sand and Miller voted to allow those signatures to stand; Pate would have sustained the objection to them.

The lawsuit also charges that Sand and Miller should have recused themselves from considering the objection to Finkenauer’s petitions. If the auditor and attorney general had recused, as Ostergren had requested during the panel’s March 29 meeting, Republican statewide officials would have replaced them on the panel, and would surely have ruled against letting Finkenauer compete for the Democratic nomination.

However, the plaintiffs did not raise another argument that Ostergren had argued at length when asking the panel to invalidate signatures on Finkenauer’s petitions, and those filed by two other candidates.

Continue Reading...

Barriers for third-party candidates reduced Iowa voters' choices

New laws enacted by Republican legislators and Governor Kim Reynolds succeeded in limiting third-party competition for Iowa’s state and federal offices.

According to the general election candidate list published by the Iowa Secretary of State’s office on March 21, only one minor-party candidate qualified for a federal office this year: Bryan Jack Holder, who is running in the fourth Congressional district. Libertarians are fielding candidates for governor and lieutenant governor: Rick Stewart and Marco Battaglia. In 2018, Libertarian candidates were on the ballot for all of Iowa’s statewide and federal offices.

No independent candidate filed for any federal or statewide office in Iowa this year. For most of the last decade’s elections, independent candidates were on the ballot for several of those offices.

Only two candidates not representing a major party filed for any of the the 34 Iowa Senate seats on the ballot in 2022; both are running in Senate district 17. Across the 100 Iowa House races, only three Libertarian candidates and four independents will appear on the November ballot.

Before Republicans passed new restrictions in 2019 and 2021, Iowa voters were able to choose candidates not representing either major party in more elections.

Continue Reading...

Iowa lawmakers tank consensus revisions to criminal procedure rules

Revised Iowa Court Rules of Criminal Procedure face an uncertain future after some state legislators objected to parts of the package, which was three years in the making.

The Iowa Supreme Court withdrew the rules from the Legislative Council on February 17. The order signed by Chief Justice Susan Christensen did not explain why the court took that step.

An email sent to members of the task force that drafted the new rules, which the Judicial Branch provided to Bleeding Heartland, said unnamed state legislators had informed the court “the rules would not be approved as submitted in the current form.” Lawmakers’ concerns centered around changes that would benefit defendants facing criminal charges.

Continue Reading...

Iowa Supreme Court drops courtroom mask mandate

Iowans entering court-controlled spaces are no longer required to wear face coverings, under an Iowa Supreme Court order that took effect on February 14.

The Iowa Supreme Court reintroduced a comprehensive mask mandate last August, after the Delta variant caused a surge in cases and hospitalizations. A December order kept the requirement in place, as the Omicron variant became dominant. The February 11 order signed by Chief Justice Susan Christensen noted, “With both variants now on the wane, we find it appropriate to end this protocol.”

However, the new order gives judges discretion to “require face coverings by participants or take other measures to mitigate the spread of COVID-19 in court proceedings as necessary.”

Continue Reading...

Iowa must do better than Chuck Grassley

Herb Strentz reviews Senator Chuck Grassley’s record as a leading member of the Senate Judiciary Committee.

A one-time Democratic candidate to represent Iowa in the U.S. Senate was only half right when he expressed concern in 2014 that Senator Chuck Grassley might be a threat to our nation’s judiciary.

The comment is relevant today because Grassley still serves on the Senate Judiciary Committee, as the panel’s ranking Republican. He will set the tone for how Republicans respond to President Joe Biden’s nomination of the first Black woman to serve on the U.S. Supreme Court.

Continue Reading...

Joe Biden's game plan for the Supreme Court

Ira Lacher: Nominating Vice President Kamala Harris to the U.S. Supreme Court would accomplish two critical political objectives for President Joe Biden.

The news that Justice Stephen G. Breyer intends to retire at the end of the U.S. Supreme Court’s current term should warm the cockles of those who welcome the appointment of a justice who believes in something other than “might makes right (wing).” Do we dare to use the words “Joe Biden victory” in a headline?

We can. But to succeed, he will have to carefully plan strategy, the way a winning football team must anticipate every defense formation and tactic — along with the offense’s inevitable missed blocks, miscues, and outright fumbles. So, in this season of NFL playoff games, I offer myself as the Biden administration’s offensive coordinator.

Continue Reading...

My effort to allow religious use of marijuana extracts in Iowa

Carl Olsen is the founder of Iowans for Medical Marijuana.

In October, I asked the Polk County District Court to declare religious use as a qualifying condition for participation in the state’s marijuana extract program, Iowa Code Chapter 124E.

On November 23, 2021, the state filed a Motion to Dismiss my Petition for Declaratory Judgment. The state said it had sovereign immunity and cannot be sued.

On November 24, 2021, I filed an application with the Iowa Department of Public Health (IDPH) for access to the program.

The state made three other arguments in its motion to dismiss:

Continue Reading...

The 21 most-viewed Bleeding Heartland posts of 2021

It’s time for another review of Bleeding Heartland’s most widely-read posts from the year that just ended. I always struggle a bit with this task, because the work I’m most proud of doesn’t always overlap with what resonated most with readers. Also, I’m wary of watching traffic numbers too closely, because I try not to let potential clicks drive my editorial decisions.

However, I always gain some insight from this review, so here goes.

This list draws from Google Analytics data about total views for 598 posts this website published during 2021: 362 written by me and 236 by other authors. I left out the site’s front page and the “about” page, where many people landed following online searches.

Continue Reading...

Court ruling good for open records, bad for Kim Reynolds

A Polk County District Court has rejected the state’s motion to dismiss part of Polly Carver-Kimm’s wrongful termination lawsuit against the state of Iowa, Governor Kim Reynolds, her former communications director Pat Garrett, and several senior Iowa Department of Public Health (IDPH) officials.

Carver-Kimm handled press contacts and public records requests for the IDPH for thirteen years before being forced to resign in July 2020. She asserts that she was “stripped of her duties and later terminated after she made repeated efforts to comply with Iowa’s Open Records law (Chapter 22) by producing documents to local and national media regarding the State of Iowa’s response to the ongoing pandemic.”

District Court Judge Lawrence McLellan’s December 22 ruling (enclosed in full below) affirmed the importance of the open records law and rejected the state’s effort to remove Reynolds as a defendant in this case.

Continue Reading...

State appeals ruling on law targeting trans Iowans

The Iowa Department of Human Services (DHS) is appealing a Polk County District Court ruling that found the state law and policy designed to deny Medicaid coverage for gender-affirming surgery are unconstitutional. The state filed notice of its intent to appeal on December 17, near the end of its 30-day window to do so following the District Court’s decision in November.

The Iowa Attorney General’s office had no comment on the appeal. Governor Kim Reynolds’ office also had no comment on why the governor is determined to prevent transgender Iowans on Medicaid from receiving medically necessary care approved by their doctors.

Plaintiffs Aiden Vasquez and Mika Covington have been waiting for years to obtain surgery and first challenged the state law in court within weeks of Reynolds signing the provision into law in May 2019.

Continue Reading...

New task force will review Iowa juvenile justice system

Iowa Supreme Court Chief Justice Susan Christensen is forming a task force to undertake a “holistic and comprehensive” review of the juvenile justice system, Iowa’s Director of Juvenile Court Services Chad Jensen announced on December 14.

Speaking at the annual Summit on Justice and Disparities in Ankeny, Jensen explained that Iowa’s juvenile justice system is decentralized among multiple entities and governmental agencies. Some stakeholders have introduced “courageous initiatives” to improve the system in recent years. “While good intentioned,” he added, those programs and services “do have ramifications throughout the entire system.”

The task force will “review the alignment, governance structure, and the funding of Iowa’s juvenile justice system.” Members will also attempt to identify “decision points” that fuel racial, ethnic, or gender disparities for Iowa youth, and develop proposals to improve those outcomes.

Continue Reading...

Abortion justice is health care justice

Glenn Hurst is a family physician in southwest Iowa and a Democratic candidate for U.S. Senate.

In my very first days of private practice, I met a patient with an aggressive form of breast cancer. She was young, in her 30s. She and her husband had two children under the age of 5 and were doing the same struggling most young middle-class Americans do at that point in life. They worried about bills, insurance, saving for big purchases. They were not likely thinking about retirement, and they had no plans for a medical emergency. Now their family was faced with a medical crisis that no one could have predicted.

I could tell her hands were full as her husband tried to wrangle the kids who were up and down the walls of the exam room as she explained her situation to me.

Continue Reading...

Iowa Supreme Court extends mask mandate for courtrooms

Face masks will continue to be required in all Iowa court-controlled spaces “regardless of a person’s vaccination status,” under an order the Iowa Supreme Court issued on December 6.

Like the mask mandate the high court announced in August, the requirement to wear face coverings in spaces under the judicial branch’s jurisdiction “applies statewide and does not depend on a particular county’s or area’s positivity rate or transmission status.” It does not apply to areas of county courthouses under the control of county governments. (Some boards of supervisors, including those governing Iowa’s largest counties, have approved mask mandates for county buildings and offices.)

It’s been months since Governor Kim Reynolds encouraged, let alone required, Iowans to wear masks in indoor public spaces. Fortunately, the state’s judicial branch is empowered to set its own COVID-19 mitigation policies, and has generally followed scientific consensus about the value of face coverings to reduce transmission. The Delta variant, which has been the dominant coronavirus strain in Iowa for months, spreads easily in close quarters. Legal proceedings often force attorneys, litigants, court employees, and jurors to be in the same room for hours.

The latest order signed by Chief Justice Susan Christensen establishes several other policies and practices to adapt judicial proceedings to the pandemic, informed by recommendations from a court-appointed task force and public comments.

Continue Reading...

State concedes masks needed around some students with disabilities

The Iowa Department of Education has conceded that facial coverings may be required in some school settings to ensure students with disabilities have equal access to educational opportunities.

In a December 1 order distributed to Area Education Agencies, agency officials determined that the federal Individuals with Disabilities Education Act (IDEA) allows schools to make an exception to a state law that generally bans mask mandates, if a student’s Individualized Education Programs (IEP) team finds masking is needed for that child to receive the education federal law guarantees.

However, the department’s order said the IDEA does not require public schools to adopt district-wide mask mandates.

Continue Reading...

Pawn takes queen

Ira Lacher ponders the possible fallout from a U.S. Supreme Court ruling that undermines reproductive rights.

When my wife and I consider a major home project, such as a kitchen or bathroom remodel, we apply the principle I call “pawn takes queen.” As in chess, the idea is to consider several moves ahead so as to anticipate the ramifications. If we knock down a wall to open up the kitchen, where do we put the stove? Will we need to add new gas lines? Where? How much time and disruption will that add? And so on.

America may have to apply that principle if, as widely predicted after oral arguments December 1, the U.S. Supreme Court upholds Mississippi House Bill No. 1510M, which bans nearly all abortions after fifteen weeks of pregnancy.

Continue Reading...

Pro-Ernst group fails to toss lawsuit over undisclosed donors

The public is one step closer to learning who funded a sophisticated messaging and organizational effort to re-elect Senator Joni Ernst in 2020. A federal court on November 19 denied a motion to dismiss a watchdog group’s lawsuit against Iowa Values, which supported Ernst’s re-election in 2020 but did not disclose its fundraising or spending.

The Campaign Legal Center, a nonprofit focused on “advancing democracy through law,” sued Iowa Values in February, after the Federal Election Commission did not act on the center’s complaint against the pro-Ernst group for more than a year.

Judge Royce Lamberth of the U.S. District Court for the District of Columbia comprehensively rejected legal arguments the pro-Ernst group raised in trying to dismiss the lawsuit and return the case to the FEC, which would likely do nothing.

Continue Reading...

Citing misconduct, Iowa governor refuses to fill judicial vacancy

Governor Kim Reynolds has declined to fill a District Court vacancy in northern Iowa, after finding the selection process was tainted by Judge Kurt Stoebe’s “unprofessional” conduct, including favoritism toward one applicant and “significantly misleading comments” that took another applicant out of contention.

In a November 11 letter to members of the District 2B Judicial Nominating Commission, Reynolds explained why she was taking the “extraordinary step” of not proceeding with an appointment, which she said “has been done only once before,” by Governor Bob Ray.

The district nominating commission submitted two names to the governor’s office on October 12. Normally Reynolds would be required to appoint one of those candidates within 30 days. However, the governor wrote, her staff investigated after hearing serious concerns about the commission chair, District Assistant Chief Judge Kurt Stoebe. Several commissioners indicated he gave one applicant extra interview time and “coaching” during the interview.

The commissioners said Stoebe made unprofessional comments about some others who applied for the judgeship.

Continue Reading...

The Iowa court ruling that could stop a Republican gerrymander

Terror gripped many Iowa Democratic hearts when the nonpartisan Legislative Services Agency (LSA) announced it would release a second redistricting plan on October 21. Governor Kim Reynolds soon scheduled a legislative session to consider the plan for October 28, the earliest date state law allows.

Democrats had hoped the LSA would spend more time working on its next plan. Iowa Code gives the agency up to 35 days to present a second set of maps. If lawmakers received that proposal in mid-November, Republicans would not be able to consider a third set of maps before the Iowa Supreme Court’s December 1 deadline for finishing redistricting work.

By submitting Plan 2 only sixteen days after Iowa Senate Republicans rejected the first redistricting plan, the LSA ensured that GOP lawmakers could vote down the second proposal and receive a third plan well before December 1. So the third map gerrymander—a scenario Bleeding Heartland has warned about for years—is a live wire.

Nevertheless, I expect Republicans to approve the redistricting plan released last week. The maps give the GOP a shot at winning all four U.S. House districts and an excellent chance to maintain their legislative majorities.

Equally important, state law and a unanimous Iowa Supreme Court precedent constrain how aggressive Republicans could be in any partisan amendment to a third LSA proposal.

Continue Reading...

You cannot make this up

Senator Chuck Grassley struck an indignant tone a few hours after he and all of his fellow Republicans filibustered a bill that would have forced states to meet federal standards for absentee and early voting, and would have required more political groups to disclose their donors.

In his trademark Twitter style (lacking punctuation and some vowels), Grassley told his 660,000 followers that Democrats should drop their “massive partisan election takeover bill based on lies abt widespread voter suppression.” Anyone with proof of illegal discrimination in voting should take it to court, he said. “Don’t talk down our democratic process Best in world.”

Continue Reading...

Governor's own words helped sink mask mandate ban in court

A federal court confirmed on October 8 that Iowa cannot enforce the state’s ban on mask mandates in public schools, pending resolution of a lawsuit filed by the ACLU of Iowa on behalf of a disability advocacy group and eleven parents of children with disabilities.

U.S. District Court Senior Judge Robert Pratt’s preliminary injunction follows a temporary restraining order he issued and extended last month, putting the law on hold. About two dozen Iowa school districts, including most of the largest, have since reimposed mask mandates, affecting more than 150,000 students.

The state immediately appealed Pratt’s ruling to the Eighth Circuit U.S. Court of Appeals. In a written statement, Reynolds said, “We will never stop fighting for the rights of parents to decide what is best for their children and to uphold state laws enacted by our elected legislators. We will defend the rights and liberties afforded to all American citizens protected by our constitution.” 

The governor’s bluster is not consistent with the state’s own legal arguments, which have not asserted the Iowa or U.S. constitutions establish any right not to wear masks, or to have one’s children remain unmasked at school.

The irony is that Reynolds’ own public statements have bolstered the plaintiffs’ case against the law Republicans rushed to enact in May.

Continue Reading...
Page 1 Page 2 Page 3 Page 58