Tom Walton chairs the Dallas County Democrats, was a Democratic primary candidate for Iowa House district 28 in 2022, and is an attorney.

In the 2022 election for Iowa House district 28, Republican David Young showed up again in Iowa politics, after losing Congressional races in 2018 and 2020. Young won the Iowa House seat covering parts of Dallas County by only 907 votes, after the Iowa Democratic Party spent only about a quarter as much on supporting its nominee as the Republican Party of Iowa spent on behalf of Young.

Each of those winning votes cost his campaign about $331 based on campaign finance data. All told, Young and the Republican Party spent nearly half a million dollars on his race. As this article demonstrates, his election cost everyone too much—in money spent and loss of freedoms.

Governor Kim Reynolds announced on August 2 that 109 Iowa National Guard soldiers were en route to Texas, where they will be deployed through September 1 “in support of Operation Lone Star to help secure the U.S. Southern Border following the end of Title 42.” In addition, the Department of Public Safety will send Iowa State Patrol officers to Texas from August 31 through October 2, to assist Texas state troopers with various law enforcement activities.

The governor’s news release confirmed that “federal funding allocated to Iowa from the American Rescue Plan” will cover “all costs” associated with these deployments. The statement went on to assert, “States are given flexibility in how this funding can be used provided it supports the provision of government services.”

Not so fast.

While the American Rescue Plan did give states more leeway than previous federal COVID-19 relief packages, ARP funds are still subject to detailed federal rules. A plain reading of those regulations suggests deploying Iowa National Guard and law enforcement to the U.S. border with Mexico does not fall under any eligible category.

Reynolds’ public statements about Operation Lone Star also confirm the mission is not related to the pandemic.

Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

• Todd Dorman, Cedar Rapids Gazette, Iowa Senate GOP has no answers
• Zach Sommers, We Are Iowa, Iowa Republicans refuse to answer questions during debate, citing recent Iowa Supreme Court Case
• Stephen Gruber-Miller, Des Moines Register, Iowa Senate Republicans’ new strategy is to stop answering questions during bill debate
• Laura Belin, Bleeding Heartland, Republicans shatter another Iowa Senate norm
• Erin Murphy, Cedar Rapids Gazette,  Iowa Republicans self-censor debate, citing Supreme Court ruling

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People. 

Abortion became legal again in Iowa on July 17, after a Polk County District Court blocked the state from enforcing a near-total ban Governor Kim Reynolds had signed into law three days earlier.

Reynolds immediately vowed to “fight this all the way to the Iowa Supreme Court where we expect a decision that will finally provide justice for the unborn.”

It was the latest example of Reynolds striking a defiant tone toward the jurists who will eventually decide whether the Iowa Constitution allows the government to make abortion almost impossible to obtain.

Randy Richardson is a former educator and retired associate executive director of the Iowa State Education Association.

Governor Kim Reynolds and the Republican-controlled legislature agreed to a budget that allocated $107 million in fiscal year 2024 to pay for private school vouchers for an estimated 14,068 students. But the number of Iowans who applied for “education savings accounts” vastly exceeded that number: 29,025 applications by the June 30 deadline.

The good folks at the nonpartisan Legislative Services Agency, who usually do an excellent job of forecasting costs, calculated the original estimate. However, when the actual number is more than double your forecast, something is off somewhere.

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring.

It’s been 33 years since Rosanne Barr butchered the National Anthem on live TV at a Padres baseball game. I remember asking then, “What did they expect to happen?” 

After all, Barr wasn’t a singer. She was an over-the-top standup comedian also starring in “Roseanne,” a sitcom shattering the myth of the “Leave it to Beaver family” on TV. Not only did Barr screech the anthem, she did it while plugging her ears and giggling. Then she grabbed her crotch and spit on the ground. 

The public reaction was fierce. The stands erupted in boos and taunts, and the Padres faced a public relations nightmare complete with veteran groups condemning Barr and calling for boycotts of the team.