# Judiciary



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.

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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.

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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.

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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.

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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.

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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.

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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.”

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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.

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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.

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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:

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.”

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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.

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It's time to codify Roe

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.

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One Iowa government branch follows science on COVID-19

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.

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Governor facing two open records lawsuits

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.

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State pays $70,000 to settle Black Lives Matter protesters' lawsuit

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.

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Advocates ask Iowa SOS to allow Spanish-language voting materials

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.

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Four ways the Iowa Supreme Court may handle next big abortion case

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.

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Waterloo's "ban the box" ordinance survives in part—for now

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.

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Revised lawsuit challenges Iowa's newest voter suppression law

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.

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University of Iowa can't keep utilities deal secrets from auditor

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.

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Law blocking health care for trans Iowans facing new court challenge

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.

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Iowa students join lawsuit over discrimination at Christian colleges

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.

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Governor joins suit challenging limits on state tax cuts

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.

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Court order clears path for more diverse juries in Iowa

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.

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Pro-Ernst dark money group may get sued over undisclosed finances

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.

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