“We appreciate the efforts that you have undergone to produce your list of clergy who committed abuse,” Attorney General Tom Miller wrote to the leaders of Iowa’s four Catholic Dioceses on May 31. “But we believe that in this context, a credible third-party review is warranted and will add to transparency, reconciliation, and healing.”
Miller is asking the bishops to turn over extensive records related to alleged abuse each Diocese has investigated.
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.
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.
Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”
Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)
Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.
I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.
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.
