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.

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.

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.

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.