Apparently, legal deadlines don’t apply to everyone

Randy Evans is executive director of the Iowa Freedom of Information Council and previously was editorial page editor and assistant managing editor of the Des Moines Register. -promoted by desmoinesdem

Some of the most stressful memories I have of my school days involve the words, “We’re going to have a pop quiz today.”

Don’t panic, but there’s a pop quiz today. Here goes:

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Exclusive: How Kim Reynolds got away with violating Iowa's constitution

Governor Kim Reynolds swore an oath to “support the constitution of the United States and the constitution of the State of Iowa.” But when she missed a deadline for filling a district court vacancy in June, she did not follow the process outlined in Iowa’s constitution.

Public records obtained by Bleeding Heartland indicate that Reynolds did not convey her choice for Judicial District 6 to anyone until four days after her authority to make the appointment had lapsed. Nevertheless, staff assured the news media and Iowa Supreme Court Chief Justice Mark Cady that the governor had named Judge Jason Besler on time.

Reynolds and Secretary of State Paul Pate later signed an appointment and commission certificate that was backdated, creating the impression the governor had acted within the constitutionally-mandated window.

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Interview: What drives Senator Jeff Merkley

“We need to use every tool we have to reclaim our country,” U.S. Senator Jeff Merkley told me during his latest visit to Des Moines. “We are at the verge of a tipping point, and maybe we’re almost past it, in which the power of the mega-wealthy is so profound that we can’t tip the balance back in to we the people.”

The senator from Oregon spent much of Labor Day weekend in central Iowa supporting Democratic candidates for the state legislature. His fifth trip here since the 2016 election won’t be his last: he will be a featured speaker at the Polk County Steak Fry later this month. During our September 2 interview, I asked Merkley about the most important matters pending in the U.S. Senate, prospects for Democrats in November, and his possible presidential candidacy.

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Sleeper Iowa Supreme Court ruling undermines constitutional protections

A little-noticed Iowa Supreme Court decision may leave Iowans more vulnerable to infringements of their constitutional rights.

Five justices held in Baldwin v. City of Estherville that government officials who can prove they “exercised all due care to conform with the requirements of the law” can’t be sued for wrongful arrests or searches and seizures. Justice Edward Mansfield’s majority opinion establishes qualified immunity for state constitutional law claims in Iowa. That legal concept means plaintiffs can’t easily sue individual officials (such as police officers) for violating their rights. The U.S. Supreme Court’s broad application of qualified immunity has become a hot topic of debate among legal scholars.

To my knowledge, no Iowa media have reported on Baldwin, which was overshadowed by higher-profile split decisions the state Supreme Court filed on the same day in June: namely, a landmark 5-2 abortion rights ruling and a 4-3 ruling that allowed a county attorney to return to his job despite a well-documented history of sexual harassment.

But dissenting Justice Brent Appel warned the Baldwin majority opinion may encourage abuses of power: “Rather than follow the state’s motto, ‘Our Liberties We Prize and Our Rights We Will Maintain,’ the majority follows an approach that suggests ‘Our Liberties Are Transient and Our Rights Are Expendable.’” Professor Mark Kende, director of Drake University’s Constitutional Law Center, told Bleeding Heartland last month that Baldwin could be an “‘under the radar’ big deal case.”

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Court puts four new Iowa voting restrictions on hold (updated)

A Polk County District Court has ordered that four voting restrictions Iowa Republicans enacted in 2017 will be on hold pending resolution of a lawsuit the League of United Latin American Citizens and Iowa State University student Taylor Blair filed in May. Plaintiffs had requested the temporary injunction, noting that the new law (House File 516) could disenfranchise eligible voters in various ways and would disproportionately harm Democrats, who are more likely to cast early ballots.

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