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.

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.”

Dems shld drop massive partisan election takeover bill based on lies abt widespread voter suppression Discrimination is illegal in voting If u hv proof take before nonpartisan judge Don’t talk down our democratic process Best in world

— ChuckGrassley (@ChuckGrassley) October 20, 2021

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.

Senator Chuck Grassley promoted stereotypes about Asian Americans during a U.S. Senate Judiciary Committee hearing on October 6. Staff later said the senator’s remarks about Korean people were meant “to be complimentary” to U.S. District Court Judge Lucy Koh. But the “model minority” myth harms Asians as well as other people of color.

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

It’s time to codify Roe v. Wade.

We all understand that the 1973 U.S. Supreme Court decision was a seminal victory for women across the country. Roe allowed American women to be treated a little more equally in our country’s social, political, and economic life.

As a doctor, I understand that the decision to have an abortion is not an easy one. I have never had a woman in my clinic decide to terminate a pregnancy lightly. Like all medical procedures, it is between a woman and her doctor.

As it stands, the GOP’s top priority is creating an anti-abortion mob of vigilantes to patrol the streets, looking for women to turn in for a reward. Make no mistake – this will result in a cottage industry of professionalized bounty hunters looking for vulnerable women to prey on.

Republican leaders in the Iowa House and Senate declined this year to require face coverings, social distancing, or other COVID-19 mitigation practices in the state capitol. Governor Kim Reynolds and her staff have been spreading misinformation and casting doubt about whether masks reduce coronavirus transmission in schools.

But one branch of state government is following the recommendations of top scientists at the U.S. Centers for Disease Control.

Iowa Supreme Court Chief Justice Susan Christensen signed an order on August 27 stating that “All people entering court-controlled areas must wear a face covering,” even if they have been fully vaccinated for COVID-19.

Governor Kim Reynolds’ office has flouted Iowa’s open records law since the earliest weeks of the COVID-19 pandemic. Now the governor and her senior legal counsel Michael Boal are facing two lawsuits filed by a Utah attorney seeking records related to Iowa’s pandemic response.

As first reported by Ryan Foley of the Associated Press, Suzette Rasmussen filed suit in Polk County District Court on August 12, after the governor’s office failed to provide correspondence about the Test Iowa program, first requested five months earlier.

One lawsuit stems from Rasmussen’s efforts to obtain “all correspondence regarding the Nomi Health COVID-19 contracts from March 1, 2020, through March 11, 2021.” The other request was for correspondence between Reynolds, her staff, and Utah Governor Gary Herbert and his staff regarding the test kits and contracts associated with NOMI Health. NOMI signed no-bid contracts to set up the Test Utah program and later Test Iowa.

Rasmussen sued the Iowa Department of Public Health in late July for failing to provide emails related to Test Iowa. She represents the Jittai group established by Paul Huntsman, who chairs the board of the Salt Lake Tribune newspaper. Jittai has filed hundreds of records requests in Utah, Iowa, Nebraska, and Tennessee, all of which signed no-bid contracts to create COVID-19 testing programs.

The state of Iowa has agreed to pay $70,000 and improve First Amendment training for state troopers in order to settle a lawsuit filed last year by five protesters who were banned from the Iowa Capitol Complex.

Jalesha Johnson, Louise Bequeaith, Brad Penna, Brandi Ramus, and Haley Jo Dikkers were among seventeen people whom state troopers had banned from the capitol grounds following a July 1, 2020 Black Lives Matter protest that led to numerous arrests. They filed suit last October against Iowa Department of Public Safety Commissioner Stephen Bayens and several Iowa State Patrol officials, saying the bans violated their rights under the First, Fifth, Ninth, and Fourteenth Amendments.

The League of United Latin American Citizens (LULAC) has petitioned the Iowa Secretary of State’s office to allow elections officials in all 99 counties to accept official Spanish-language translations of voter registration and absentee ballot request forms.

The Secretary of State’s office has not yet replied to the petition and did not respond to Bleeding Heartland’s inquiries about the matter. If it doesn’t issue the requested order within 60 days of the filing date (July 28), Iowa’s largest Latino advocacy group can go to court seeking an exception for voting materials from Iowa’s 2002 “English language reaffirmation” statute, more commonly known as the English-only law.

The Iowa Supreme Court will soon revisit one of the most politically charged questions of our time.

Last week a Johnson County District Court permanently blocked the state from “implementing, effectuating or enforcing” a law requiring a 24-hour waiting period before all abortions. Judge Mitchell Turner ruled the law unconstitutional on two grounds. The state is appealing the ruling and argues that a 2018 Iowa Supreme Court precedent, which established a fundamental right to an abortion under the Iowa Constitution, was “wrongly decided.”

Republican lawmakers planned for this scenario when they approved the waiting period during the waning hours of the 2020 legislative session. They may get their wish, but a reversal of the 2018 decision is not guaranteed.

The Iowa Supreme Court ruled on June 18 that part of the city of Waterloo’s “ban the box” ordinance can remain in effect despite a 2017 law prohibiting local governments from regulating “terms or conditions of employment.”

The city adopted the ordinance in November 2019 to address economic racial disparities. Because African Americans are more likely to have a criminal record, they are adversely affected by job applications that require a person to note whether they have ever been arrested or convicted of a crime.

Under Waterloo’s ordinance, employers may not inquire about past convictions, arrests, or pending criminal charges “during the application process,” but may do so after extending “a conditional offer of employment.” The court found that was allowed, because it regulates only “the time when an employer can inquire into a prospective employee’s criminal history,” which is not “a term or condition of employment.”

However, the Iowa Supreme Court held that state law preempts other portions of Waterloo’s ordinance, which prohibit employers from making an “adverse hiring decision” based on an applicant’s criminal history.

Plaintiffs challenging Iowa’s manifold new restrictions on voting amended their complaint on June 9 to incorporate provisions in a law Governor Kim Reynolds signed the previous day.

The League of United Latin American Citizens of Iowa (LULAC) filed suit in Polk County District Court in March, charging that Senate File 413 violated Iowa constitutional provisions on the right to vote, free speech, free assembly, and equal protection. Their revised petition asks the court to invalidate two sections of Senate File 568 as well as thirteen sections of the law enacted earlier this year.

U.S. Senators Joni Ernst and Chuck Grassley were part of bipartisan majorities that confirmed President Joe Biden’s first three judicial nominees this week. But the senators are likely to oppose Biden’s picks for judgeships higher than the District Court level.

The University of Iowa must comply with a subpoena from State Auditor Rob Sand seeking details on a 50-year deal to lease the university’s utility system to a public-private partnership, the Iowa Supreme Court unanimously determined on April 30.

The Iowa Board of Regents approved the arrangement in December 2019 and closed on the deal in March 2020. But the university withheld many details, including the identity of “Iowa-based investors” who supposedly put up about 21.5 percent of the $1.165 billion lump-sum payment to operate the system for the next five decades.

The State Auditor’s office has been trying to enforce Sand’s subpoena since January 2020. The university and Board of Regents insisted they did not have to provide “confidential” information and disputed the validity of the subpoena.

None of the Supreme Court justices found the university’s stance convincing.

Two years ago this week, on the day before the Iowa legislature completed its work for 2019, Republicans added two new discriminatory provisions to the state’s health and human services budget. Both code sections quickly spawned litigation. Planned Parenthood’s lawsuit against language designed to exclude the organization from sex education grants is now pending before the Iowa Supreme Court, after a District Court found the prohibition violated the state constitution’s equal protection guarantee.

A case challenging language that authorized discrimination against transgender Iowans on Medicaid never got that far. But on April 22, the ACLU of Iowa and the national ACLU LGBTQ & HIV Project filed a new lawsuit in Polk County District Court.

Two Iowa students are among the plaintiffs in a groundbreaking federal class action lawsuit filed this past week. The Portland-based Religious Exemption Accountability Project is suing the U.S. Department of Education and its acting assistant secretary for civil rights, seeking “to put an end to the U.S. Department of Education’s complicity in the abuses and unsafe conditions thousands of LGBTQ+ students endure at hundreds of taxpayer-funded, religious colleges and universities.”

Lauren Hoekstra and Avery Bonestroo are undergraduates at Dordt University in Sioux Center, one of 25 Christian institutions where the 33 plaintiffs are now enrolled or formerly studied.

Governor Kim Reynolds signed Iowa on to a lawsuit challenging part of the federal government’s most recent COVID-19 relief package. Thirteen states filed suit in Alabama on March 31, charging that the American Rescue Plan “impermissibly seizes tax authority from the States.” Reynolds announced the lawsuit during a March 31 appearance on WHO Radio’s program hosted by Simon Conway. The Associated Press was first to report the news.

For decades, researchers have found that all-white juries are more likely to convict Black defendants than white defendants, and that Black people “are systematically more likely to be excluded from juries in many contexts.” In addition, studies indicate diverse juries “perform their fact-finding tasks more effectively,” and have been shown to “deliberate longer, consider more facts, make fewer incorrect facts, correct themselves more, and have the benefit of a broader pool of life experiences […].”

In a 2017 decision that gave defendants of color another way to challenge unrepresentative jury pools, the Iowa Supreme Court recognized, “Empirical evidence overwhelmingly shows that having just one person of color on an otherwise all-white jury can reduce disparate rates of convictions between black and white defendants.” Yet African Americans have continued to be under-represented in Iowa jury pools and on trial juries.

A recent Iowa Supreme Court order takes a step toward addressing that disparity in the state’s criminal justice system.

The Campaign Legal Center has sued Iowa Values, a 501(c)4 nonprofit that backed U.S. Senator Joni Ernst’s re-election campaign without disclosing its fundraising or spending.

UPDATE: Campaign Legal Center filed suit against Iowa Values on February 12. Original post follows.

A group formed to support U.S. Senator Joni Ernst’s re-election may face a lawsuit over its ongoing failure to disclose its fundraising and spending.

Iowa Values, created as a 501(c)4 political nonprofit, has not registered with the Federal Election Commission. The FEC has yet to act on a complaint filed more than a year ago, seeking to bring the group into compliance with campaign finance law.

The Campaign Legal Center, a nonprofit organization supporting public access to the political process, has asked a U.S. District Court in Washington, DC to find that the FEC failed to comply with a court order to address the Iowa Values matter. If the court does so, federal law allows the center “to sue Iowa Values directly” to force disclosure of its financial activity. That option is on the table, an attorney for the center told Bleeding Heartland on February 8.

Jerry Foxhoven: Our judges are “unelected” for a reason: to get politics out of the protection of fundamental rights. -promoted by Laura Belin

As a lawyer, I am getting tired of hearing Iowa’s Republican legislators complain about Iowa’s “unelected” judges. Every time they disagree with a decision of a court, they insinuate that, because judges are not elected in Iowa, they are not reflecting the will of the people and therefore elected officials need to reign them in. Such a response shows that these elected officials just don’t understand basic civics.

Shortly after the last election, incoming U.S. Senator Tommy Tuberville, a Republican from Alabama, said: “Our government wasn’t set up for one group to have all three branches of government — wasn’t set up that way.” Tuberville continued, saying incorrectly: “You know, the House, the Senate, and the executive.” Both the U.S. Constitution and the Iowa Constitution were deliberate when they created a checks and balance system of government including an unelected branch called (I will clarify this for Tuberville’s benefit): the judicial branch.

My primary goal in running this website is to provide Iowa political news and analysis that’s not available anywhere else. I’m proud of what Bleeding Heartland accomplished in 2020 and want to highlight some of the investigative reporting and accountability journalism published first or exclusively here.

A forthcoming post will review the site’s most popular pieces from 2020, which included many I worked hardest on or most enjoyed writing.

As always, I’m grateful for readers whose appetite for this kind of reporting keeps me going.

Governor Kim Reynolds would have joined the Texas attorney general’s lawsuit seeking to throw out the presidential election results in Pennsylvania, Wisconsin, Michigan, and Georgia, she announced on December 10. The same day, Reynolds rejected Attorney General Tom Miller’s request to sign on in support of the defendants in that case.

Reynolds said in a campaign statement, “As I have said all along, President Trump, his campaign, and supporters have every right to pursue lawful, legal action in the courts. The American people deserve a fair and transparent election.”

Meanwhile, Reynolds and other prominent Iowa Republicans continue to denounce Rita Hart for appealing the second Congressional district result to the U.S. House–a step federal law allows.

Outgoing U.S. Representative Steve King was one of 23 Republican members of Congress who sought unsuccessfully this week to have the U.S. Supreme Court throw out Pennsylvania’s presidential election.

King and fellow House Republicans signed an amicus curiae brief supporting U.S. Representative Mike Kelly’s effort to block certification of Pennsylvania’s 2020 election results. Kelly argued that “the state legislature’s provision of no-excuse absentee voting violated both the Pennsylvania and U.S. Constitutions.”

Iowa has long had no-excuse voting by mail, and to my knowledge, King has never suggested that system is unconstitutional. Neither King nor his Congressional staff responded to Bleeding Heartland’s inquiry about the apparent inconsistency. In the past month, King has amplified false claims of election fraud on his social media feeds.

Governor Kim Reynolds has falsely accused Attorney General Tom Miller of playing “political games,” strong-armed him to cede part of his authority to her, and blocked him from joining dozens of multi-state legal actions.

Yet Miller just gave Reynolds’ senior legal counsel Sam Langholz a prestigious job that could one day help him obtain a coveted judgeship.

Iowa Supreme Court Justice Matthew McDermott declined to comment on whether he would recuse himself from post-election litigation involving Republican candidates or party organizations, judicial branch communications director Steve Davis told Bleeding Heartland on November 2.

McDermott should decline to hear such cases, in light of his past legal work for Republican entities and U.S. Senator Joni Ernst.

Looking for analysis of Iowa’s 2022 judicial retention elections? Click here. Original post follows.

I’ve voted in seventeen general elections in Iowa. Until this week, I’d never voted against retaining an Iowa Supreme Court justice.

Even two years ago, I never expected to arrive at this decision.

The Jewish new year began in the worst way possible on September 18, with the passing of one of the most influential Jewish Americans. It’s impossible to overstate the importance of Ruth Bader Ginsburg’s work as an attorney and over decades of service as a judge, culminating in 27 years on the U.S. Supreme Court.

U.S. Senators Joni Ernst and Chuck Grassley praised Ginsburg’s legacy in written statements, and Ernst offered prayers and an apology of sorts after her campaign sent out a gross fundraising appeal soon after the justice’s death was announced.

But words in a press release have no lasting value. Iowa’s senators have one chance to honor “the notorious RBG”: by letting the voters decide who should appoint her successor.

Two groups charge in a lawsuit filed this week that Iowa Secretary of State Paul Pate exceeded his authority and violated the Iowa Constitution by restricting the placement of drop boxes for absentee ballots in guidance issued this month.

The League of United Latin American Citizens of Iowa (LULAC) and Majority Forward argued that Pate infringed on the “home rule” authority of Iowa counties as well as on individuals’ fundamental constitutional right to vote.

Herb Strentz explores rhetoric from Iowa’s 2014 and 2020 U.S. Senate campaigns and finds parallels between our two Republican senators. -promoted by Laura Belin

Labor Day in even-numbered years usually brings more public interest in politics and the final stage of hopeful campaigns for Congress or the presidency.

This time around, many are driven by dread — dread of elections past, and, oh yeah, fears for the one coming on November 3.

Small wonder, given what “We the people” have inflicted upon ourselves.

Donald Trump’s presidential campaign and four Republican Party entities filed suit on August 12, seeking to invalidate tens of thousands of absentee ballot request forms in two large, Democratic-leaning Iowa counties. The plaintiffs allege Linn County Auditor Joel Miller and Johnson County Auditor Travis Weipert committed “illegal actions” when they mailed absentee ballot request forms that were pre-printed with voters’ information.

The Republican lawsuit is heavy on political posturing but fails to lay out a convincing legal case.

It took them long enough.

After federal courts blocked two laws designed to suppress unauthorized access to livestock production facilities, Iowa lawmakers approved and Governor Kim Reynolds signed a third attempt to keep animal rights activists from filming or photographing conditions inside farm buildings or slaughterhouses. This time, the legislature finally took the path state attorneys recommended way back in 2011: beef up the trespassing law as applied to agriculture, without reference to speech or expression.

The new law has a realistic chance to survive a court challenge.

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

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

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

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

U.S. Senator Chuck Grassley’s reputation as a defender of whistleblowers and government oversight has taken a hit lately, as President Donald Trump sidelined five inspectors general over a span of two months and rebuffed the senator’s demand for an explanation.

In an escalation of sorts, Grassley announced on June 4 that he would hold up two of Trump’s nominees until the White House complies with federal law requiring that the president explain in writing why he removed inspectors general.

The senator might have some leverage if he were willing to block high-priority nominees for the administration. But the opposite is true. The same day Grassley took a stand on inspectors general, he and Iowa’s Senator Joni Ernst advanced yet another unqualified judicial nominee.

Herb Strentz: Churches in the Des Moines area have found ways to remain safely “open” to their members and the community without resuming in-person services. The title references a 1642 poem by Richard Lovelace. -promoted by Laura Belin

Right after President Donald Trump’s aide Kellyanne Conway endorsed “alternative facts” in her January 2017 defense of false statements about the number of people at Trump’s inauguration, Amazon had two additions to its best-seller list: George Orwell’s 1984 and Sinclair Lewis’ novel It Can’t Happen Here.

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

Governor Kim Reynolds denied 35 requests to sign Iowa on to multi-state legal actions during the first year of an unusual arrangement in which Attorney General Tom Miller ceded some of his authority.

Reynolds refused to allow the state to weigh in on lawsuits related to federal or state policies on immigration, reproductive rights, environmental regulation, consumer protection, gun safety, LGBTQ rights, and access to President Donald Trump’s personal records.

During the same time frame, the governor approved eighteen requests from Miller to join cases involving a wide range of legal matters.

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

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

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

Iowa Republicans were too clever by half when they slipped language targeting Planned Parenthood into a budget bill last year. Instead of prohibiting state agencies from awarding sex education grants to all entities that provide abortions, GOP lawmakers wrote an exception into the law so that UnityPoint facilities could remain eligible for the funding.

For that reason, a Polk County District Court determined this week that the prohibition violated the Iowa Constitution’s equal protection guarantee.

Herb Strentz: Senator Chuck Grassley defines his duties as looking out for the citizens of Iowa, as though those duties have nothing at all to do with Trump’s actions. -promoted by Laura Belin

Maybe Chicken Little had something after all in his squawking, “The Sky is Falling! The Sky is Falling.” 

Maybe I had something just as panic-stricken in an email I sent U.S. Senator Chuck Grassley last year, when I suggested he might be “an assistant gravedigger for democracy.”

Both reflections tie in with concerns about the double whammy now striking our nation: dealing  with the novel coronavirus and having Donald Trump as president. Our country’s odds are good on surviving COVID-19, but not as good on surviving Trump. Virus-related issues crank up the zoom lens in monitoring the president, and that’s un-nerving because even a microscopic look at Trump can be as troubling as a microscopic look at the virus.

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

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

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

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

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

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

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

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

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

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

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

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

That would be troubling for several reasons.

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

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

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

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

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

Aaron Belkin is director of Take Back the Court and a political science professor at San Francisco State University who spent 20 years working to end “Don’t ask, don’t tell” and the military’s transgender ban. -promoted by Laura Belin

With so much at stake in this year’s Iowa caucuses, the latest survey data indicate that the race is wide open, with any of the four leading candidates potentially able to win. As they seek to distinguish themselves from the pack, however, the candidates are constrained by the fact that their policy goals on health care, the economy, and the environment share many similarities. Given that they largely agree on policy, it has been difficult for candidates to distinguish themselves on the basis of distinct visions of what they would do once elected. 

Despite the similarity of their policy positions, however, there is one critical and high stakes issue—Supreme Court expansion—on which the candidates have expressed widely divergent views. Based on new polling data and new research, there is an opportunity during the waning days of the Iowa campaign for one of the candidates to break away from the pack by expressing strong support for court expansion and explaining that key Iowan priorities—in particular rural revitalization—depend on it.

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

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

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

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

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

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

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

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

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

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

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

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

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

More than 125 authors contributed to the 290 guest posts Bleeding Heartland published this calendar year–way up from the 202 pieces by about 100 writers in 2018 and the 164 posts by 83 writers the year before that. I’m immensely grateful for all the hard work that went into these articles and commentaries and have linked to them all below.

You will find scoops grounded in original research, such as John Morrissey’s exclusive reporting on Sedgwick landing a lucrative contract to administer Iowa’s worker’s compensation program for state employee, despite not submitting the high bid.

The most-viewed Bleeding Heartland post this year was Gwen Hope’s exclusive about the the Hy-Vee PAC donating $25,000 to the Iowa GOP, shortly before President Donald Trump headlined a Republican fundraiser at Hy-Vee’s event center in West Des Moines.

Several commentaries about major news events or political trends were also among the most widely read Bleeding Heartland posts of 2019. I’ve noted below pieces by Ed Fallon, Tim Nelson, Bruce Lear, Randy Richardson, J.D. Scholten, Dan Guild, State Senator Claire Celsi, and others that were especially popular. (This site has run more than 630 pieces since January 1.)

The state of Iowa cannot enforce the latest attempt to discourage and criminalize undercover reporting at livestock facilities. U.S. District Court Senior Judge James Gritzner on December 2 granted a request for a preliminary injunction against a law enacted in March, which prohibits “agricultural production facility trespass.”

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

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

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

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

Fourteen people representing a “diverse group of stakeholders” will recommend policies to reduce recidivism and racial disparities in Iowa’s criminal justice system, Governor Kim Reynolds announced on November 4.

Lieutenant Governor Adam Gregg, a former state public defender, will chair the Governor’s FOCUS Committee on Criminal Justice Reform, which will meet for the first time on November 7. FOCUS stands for “Fueling Ongoing Collaboration and Uncovering Solutions.” The other members are:

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

The Iowa Secretary of State’s office has revised the absentee ballot request form for the second time in one week, pending clarification from a court on whether the form can list a voter ID number as a required field.

The State of Iowa has revised the official absentee ballot request form in light of a court ruling that invalidated some sections of Iowa election law. However, the new form still lists a voter ID number as a required field, despite a court order permanently enjoining Secretary of State Paul Pate from “indicating that such information is ‘required.’”

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

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

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

The Libertarian Party of Iowa and its prospective candidate for U.S. Senate in 2020 have filed a federal lawsuit charging that a new law violates their “violates fundamental voting and associational rights,” as well as equal protection guarantees, by requiring candidates from minor political parties to file nominating papers in mid-March, when Democratic or Republican candidates could qualify for the general election ballot as late as August.

Previous court rulings indicate they have a strong case.

Former Iowa Department of Human Services director Jerry Foxhoven revealed more details about his wrongful termination claim on August 1. He asserts that he was fired after expressing concern about the DHS continuing to pay a large share of the salary for the governor’s deputy chief of staff, Paige Thorson.

As Bleeding Heartland reported last week, Thorson worked extensively on Medicaid-related issues for some time, but she became less involved with the DHS this spring, as Governor Kim Reynolds brought on a new health policy adviser.

Foxhoven and his attorney Tom Duff released a written statement and answered many follow-up questions during a 45-minute news conference. Radio Iowa posted the full audio. The questions and answers below are not a transcript from the conference, but rather my effort to put information about Foxhoven’s case in context for readers.

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

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

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

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

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

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

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

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

South Bend Mayor Pete Buttigieg has made headlines for endorsing a plan to expand and restructure the U.S. Supreme Court, an issue he has discussed more often than other candidates running for president. The topic may strike a chord with many activists; a national poll commissioned in April by Demand Justice found that most Democrats likely to participate in the 2020 primaries disapprove of the job the Supreme Court is doing.

Bleeding Heartland asked Buttigieg more broadly about potential changes to the federal judiciary in a 15-minute telephone interview on June 7.

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

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

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

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

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

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

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

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

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

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

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

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

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

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

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

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

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

UPDATE: The governor signed this bill on May 8.

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

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

North Carolina Republican lawmakers started the trend after losing the governor’s race in 2016. GOP legislative majorities in Michigan and Wisconsin followed suit late last year, seeking to hamstring newly-elected governors and the Michigan attorney general. Kansas Republicans are now trying to limit the appointment power of that state’s Democratic governor.

Iowa House Republicans took their own step toward “banana-republic style governance” on April 23, voting for unprecedented restrictions on Attorney General Tom Miller’s ability to make legal decisions.

The bill’s floor manager, State Representative Gary Worthan, admitted his proposal stemmed from political disagreements with Miller, whom Iowans elected to a tenth term last November.

Two months after a U.S. District Court struck down Iowa’s 2012 “ag gag” law, state lawmakers rushed to pass a new statute protecting agricultural facilities from damaging publicity.

Less than six weeks after Governor Kim Reynolds signed that law into effect, the same plaintiffs were back in federal court, arguing that the statute violates the First Amendment.

For many years, the Des Moines Register regularly published dispatches from Washington on what the Iowans in Congress were doing. Coverage deteriorated after the newspaper laid off Jane Norman in 2008. To my knowledge, no Iowa-based news organization has had a correspondent in the nation’s capital since the Register let Philip Brasher go in 2011.

In a wide-ranging review of the Register’s political reporting four years ago, I commented, “If a member of Congress didn’t brag about it in a press release, conference call, or social media post, the Register’s readers are not likely ever to learn that it happened.”

The newspaper’s recent coverage of U.S. Senator Chuck Grassley illustrates that problem.

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

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

Sable Knapp‘s home state is Iowa, and she currently lives in Maine. -promoted by Laura Belin

The human body is two-thirds water, as is the surface of the planet we inhabit. Water quality profoundly affects human health and clean water protections must be upheld. Everyone should be able to have the peace of mind that comes from guaranteed safe, free drinking water.

Iowa Citizens for Community Improvement works persistently to defend Iowa’s water. By suing the State of Iowa for failing to ensure the safety of Raccoon River, Iowa CCI and Food & Water Watch are sending a strong “No Means No” message to polluters and politicians who authorize the pollution of Iowa’s rivers. Bill Stowe, Des Moines Water Works CEO, aptly said, “We are completely at the mercy of what gets dumped in our rivers each day.”

The rallying cry “Water is Life” is a fundamental truth. Poet and activist Lyla June evokes this power in her poem “And God is the Water,” which concludes with the words, “I am the rock and God is the water.” The way we care for nature reflects the way we care for ourselves.

As America’s waterways slip further into the hands of corporate players, subsequent pollution continuously affects everyone. Iowa’s elected officials must be held responsible for facilitating the revitalization and protection of the water that flows through Iowa.

Amanda Rex-Johnson reports on a lesser-known bill that made it through the Iowa legislature’s first “funnel.” -promoted by Laura Belin

Two types of people immerse themselves in politics: those who are motivated by personal achievement, and those who find motivation born in affliction, for whom adversity becomes a catalyst.

While I’ve always expressed my convictions, often in the political sphere, opinions alone don’t typically change the rules that govern society. It wasn’t until Iowa law affected my family that I was prodded into action.

Envelopes containing 29 absentee ballots that Winneshiek County voters mailed on time will likely remain sealed forever. Time has run out for Democratic candidate Kayla Koether to sue over how Iowa House Republicans handled her contest of the 2018 election result in House district 55.

It is also too late for any disenfranchised voter to challenge a process that placed an administrative rule about mail barcodes above the fundamental right to vote guaranteed by Article II of Iowa’s constitution.

Aaron Hawbaker is the chief public defender for Black Hawk County. -promoted by Laura Belin

I am a criminal defense attorney. More specifically, I am a public defender. That further distinction is important for this discussion, because public defenders do not choose their clients based upon ability to pay or the merits of their case. They take all comers, warts and all. I am now in my fifteenth year of public defense and have had the responsibility of defending individuals charged with the spectrum of human baseness.

I am often asked, more frequently the more notorious the case, how can you represent those people?

Iowa Attorney General Tom Miller didn’t ask state legislators to pass the country’s first “ag gag” law, and his office didn’t lobby in favor of banning “agricultural production facility fraud” while the bill was pending.

But the Attorney General’s office confirmed on February 21 that the state will appeal a federal court ruling against the 2012 law. The new court filing keeps up the pretense that a law designed to suppress investigative reporting was really about biosecurity and property rights.

In a victory for freedom of speech and association, a federal court last week “dismissed a $1 billion racketeering lawsuit that the developer of the Dakota Access oil pipeline filed against environmental groups and activists, saying he found no evidence of a coordinated criminal enterprise,” Blake Nicholson reported for the Associated Press on February 14.

Two of the named defendants, Jessica Reznicek and Ruby Montoya, lived in Iowa when they repeatedly lit fires and used cutting torches to damage the Dakota Access pipeline. They later went into hiding, and Bleeding Heartland’s attempts to reach them for comment were unsuccessful.

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

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

Iowa is not among the sixteen states that filed suit yesterday to block what they called President Donald Trump’s “unconstitutional and unlawful scheme” to declare a national emergency in order to divert federal funds toward building a wall along the U.S. border with Mexico.

Attorney General Tom Miller has joined dozens of multi-state legal actions challenging Trump administration policies, and his office has not ruled out joining this lawsuit, communications director Lynn Hicks told Bleeding Heartland on February 19.

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

Connie Ryan on the current Republican effort to pack the courts: “Iowans understand this legislation is intended to advance the specific political agenda of a small group with a loud voice, placing our courts in harm’s way.” -promoted by Laura Belin

Interfaith Alliance of Iowa jumped into the business of protecting Iowa’s fair and impartial courts upon the announcement by the religious right in the summer of 2010 that they intended to unseat three highly qualified Supreme Court justices. They were politicizing the retention elections simply because they were mad the court ruled for the marriage rights of same-sex couples based on equal protections under our constitution.

The thought of a special interest group seeking revenge on our courts for a constitutionally-based and unanimous decision was unprecedented and frightening. Iowans wondered if this was where the division in our country was really taking us? Would extremist, special interest groups actually go after highly qualified justices committed to the constitution and the rule of law as retribution? The answer was yes.

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

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

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

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

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

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

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

Republican lawmakers have unveiled their plan to replace Iowa’s merit-based system for choosing judges with a process dominated by politicians from their own party. Governor Kim Reynolds quickly gave the bill her blessing, just weeks after she said of judicial selection, “we don’t want it to be political.”

Bruce Lear: Lately, I am struck with how Iowa values are eroding before our eyes. -promoted by Laura Belin

Three college guys decided to head to my hometown of Shellsburg, Iowa for a weekend. We threw three bags of dirty laundry in the trunk for my unsuspecting Mom, and we left Pella in Carl’s very used Toyota. In 1977, Toyotas in Iowa were about as rare as a Democrat in Pella. There were some, but they were hard to spot.

Things went fine, until it died. It was not a prolonged death with symptoms. It was sudden. We were three guys with a dead car on a county road outside of Kellogg, Iowa. We knew a lot. After all, we were sophomores in college. Unfortunately, our sophomore smarts didn’t extend to fixing dead Toyotas.

The State Judicial Nominating Commission will meet on January 30 to consider nineteen applicants seeking to replace Iowa Supreme Court Justice Daryl Hecht, who stepped down last month. The commission will then send Governor Kim Reynolds a list of three candidates, one of whom will be appointed to the high court within 30 days.

After reviewing the applications, I compiled some noteworthy facts about the contenders. One of them is not like the others.

Iowa’s law banning most abortions after a fetal heartbeat can be detected violates the state constitutional guarantees of equal protection and due process, Polk County District Court Judge Michael Huppert ruled on January 22.

The Iowa Supreme Court will almost certainly agree that the law is unconstitutional. But it is unclear whether the high court will keep its decision grounded in the Iowa Constitution, as the District Court did. If the Iowa Supreme Court strikes down the law citing provisions of the U.S. Constitution, they will open the door to appeal in the federal courts.

Ed Fallon was a leading Iowa voice against the Dakota Access Pipeline (often called the Bakken Pipeline). -promoted by Laura Belin

For those who feel Big Oil always gets its way, think again. In a battle of Lamb vs. Lion (read on and you’ll see what I mean), the little guy and gal just accomplished something impressive.

While traffic numbers are easy to measure, picking out my most labor-intensive posts from last year is a subjective call.

A former leader of the Iowa State Bar Association is waging an unprecedented campaign for a seat on the panel that chooses finalists for Iowa’s two highest courts.

Many attorneys received a mailing on December 28 promoting the candidacy of Robert Waterman, Jr., a partner in the Davenport firm Lane & Waterman. The mailing appears to have targeted every member of the bar in 24 counties that make up the second Congressional district. The paid postage mark indicates that the Republican political consulting firm Victory Enterprises handled the mailing.