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.