State Senator David Johnson has asked Attorney General Tom Miller to provide an official opinion on whether Lieutenant Governor Kim Reynolds will have the title of governor and the authority to appoint a new lieutenant governor once Governor Terry Branstad resigns, as expected later this year.

Johnson asked Miller to answer nine specific questions regarding language in the Iowa Constitution stating that “the powers and duties of the office” of governor “shall devolve upon the Lieutenant Governor,” and referring to the lieutenant governor “acting as governor” and “performing the duties pertaining to the office of governor.”

Thanks to Democratic activist Paul Deaton, “a low wage worker, husband, father and gardener trying to sustain a life in a turbulent world,” for cross-posting this opinion column that first appeared in the Cedar Rapids Gazette. -promoted by desmoinesdem

Since the general election I’ve been laying low, listening to people talk — in person — about the new administration and what President Donald J. Trump means to them.

It was about jobs.

Most supporters found a lot of what the president said and stands for to be objectionable, yet voted for him because of the hope for jobs — a central campaign theme. Manufacturing jobs specifically.

The previous six installments in this planned 99-part series are available here. -promoted by desmoinesdem

This week I will review our seventh-smallest county in terms of population, Ida County. The 2010 census found 7,089 people living in the entire 432 square miles of the county, the 14th smallest in Iowa. To put this in perspective, Ida County is roughly equal in population to the city of Hiawatha (Linn County). Ida County is north west of Des Moines. According to Google Maps, the county seat of Ida County, Ida Grove, is 139 road miles from the Iowa State Capitol building in Des Moines.

Ida County was founded in 1851 when it was separated from Greene County. The county was most likely named after Ida Smith, the first person of European ancestry to be born in the county.

Anna Ryon, an attorney with the Office of Consumer Advocate, may run for Congress in Iowa’s third district next year, she announced on Facebook today. She has launched a possible campaign website and is recruiting volunteers to join her e-mail list for updates and “action alerts” on when to call members of Congress. She is not raising money “until I make a final decision” on a Congressional campaign.

Yesterday Ryon uploaded to YouTube a video of her remarks in May 2015 before the Bishop and Cabinet of the Iowa Conference of the United Methodist Church. Ryon “was invited to be part of that meeting to share my story of being a queer woman in the UMC, and in particular the hurtful response from the church when my ex-wife and I got married.” Instead, she shared the story of her father, a United Methodist minister who was gay and took his own life in 1999.

I enclose below Ryon’s bio from her new website. She is on Twitter @annakryon and on Facebook. Her “deep dive” about Adams County became one of the most popular Bleeding Heartland posts of 2016.

Current U.S. Representative David Young defeated Democratic challenger Jim Mowrer by 53.4 percent to 39.7 percent in 2016. Young performed substantially better than Donald Trump, who carried the third district by 48.5 percent to 45.0 percent over Hillary Clinton. Outside groups spent more than $7.4 million on the Young-Mowrer race. The Democratic Congressional Campaign Committee confirmed this week that IA-03 will be on its target list again in 2018.

One of Mowrer’s 2016 primary opponents, Mike Sherzan, has turned up at a number of local Democratic events lately, including the January 21 State Central Committee meeting of the Iowa Democratic Party, which attracted a large crowd because of the state chair election.

The sixteen counties in IA-03 contain 167,453 active registered Democrats, 177,457 Republicans, and 166,620 no-party voters, according to the latest figures from the Iowa Secretary of State’s office.

Democrat Monica Kurth easily won the January 31 special election to represent Iowa House district 89. The seat covering parts of Davenport (map enclosed below) became vacant after Jim Lykam won the recent special election to represent Iowa Senate disrict 45. Kurth defeated Republican Mike Gonzales by 2081 votes to 784 (72.4 percent to 27.3 percent). In effect, she won before polls opened yesterday. Absentee ballots broke 1,092 to 86 in her favor, Ed Tibbetts reported.

Kurth has been a community activist for many years and was a longtime instructor and counselor at Scott Community College. During the campaign, she promised to advocate for higher wages, good education, and retirement security, and to “keep focused on working families, not special interests.”

The total number of ballots cast in House district 89 was close to what special election guru David Beaudoin projected, based on his analysis of the district and Lykam’s results against Gonzales in December. However, Kurth’s winning margin exceeded Beaudoin’s prediction. Republicans put little effort into winning this district, which contains 7,403 active registered Democrats, 4,730 Republicans, and 8,416 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. Gonzales raised less than $3,000, of which about $1,000 came from GOP county committees. He reported no in-kind expenditures by the Iowa GOP.

In contrast, Kurth raised about $24,000 for this race, of which $15,000 came from Democratic or labor organizations. The Iowa Democratic Party also spent nearly $30,000 on direct mail and advertising.

Former (and presumably future) presidential candidate Martin O’Malley came to Davenport last weekend to help Kurth’s campaign. He showed up for Lykam before the December Senate election as well.

Once Kurth has been sworn in, the Iowa House will have 59 Republicans and 41 Democrats. She will bring the number of women in the chamber to 28: nineteen Democrats and nine Republicans.

P.S.- Nine people went to the trouble of casting a ballot in this January election for a write-in candidate. I’m always fascinated by such behavior.

President Donald Trump announced this evening that he is nominating 10th Circuit Appeals Court Judge Neil Gorsuch for the U.S. Supreme Court seat that should have gone to President Barack Obama’s nominee. A few good backgrounders on the man who will benefit from last year’s unprecedented Republican obstruction: Eric Citron for SCOTUS blog, Robert Barnes for the Washington Post, and Adam Liptak for the New York Times. Liptak dug up a 2002 article by Gorsuch, in which he lamented the Senate’s treatment of two appeals court nominees “widely considered to be among the finest lawyers of their generation”: John Roberts (the current Chief Justice) and Merrick Garland (who should have been confirmed to fill this vacancy).

USA Today’s justice reporter Brad Heath observed, “It would be hard for Trump to have picked a federal appellate judge more like Scalia than Gorsuch.” Heath posted excerpts from a number of Gorsuch’s opinions in this thread, noting the judge believes in “applying the Constitution’s ‘original public meaning.’” Some of the rulings are counter-intuitive, such as this case in which Gorsuch found “extortion doesn’t violate the Equal Protection Clause if [the] corrupt official solicited bribes from everyone.”

Senator Chuck Grassley praised Gorsuch for being well qualified and having been confirmed unanimously to the appeals court. Speaking to the Des Moines Register’s Jason Noble, the Judiciary Committee chair said he hoped Democrats would not filibuster Gorsuch, just as Republicans didn’t filibuster Supreme Court nominees during the first terms of Presidents Bill Clinton and Barack Obama. What’s missing from this narrative? Grassley never even gave Garland a hearing.

After the jump I’ve posted prepared statements from Grassley and Senator Joni Ernst welcoming the nomination. I also enclose below the Alliance for Justice fact sheet on Gorsuch, which references many of his legal writings. That non-profit’s president Nan Aron described Gorsuch as a “disastrous choice,” because his “record shows no sign that he would offer an independent check on the dangerous impulses of this administration. What it does show is that he would put the agenda of powerful special interests ahead of the rights of everyday people […].”

Gorsuch is only 49 years old, so he will probably serve on the high court for decades. Several analysts believe picking him was an effort to “reassure” Justice Anthony Kennedy “that it would be safe to retire.” Once Kennedy goes and Trump appoints another justice, we can say goodbye to reproductive rights, voting rights, any kind of environmental and labor regulations, consumer protections, and equal rights for women and LGBTQ people. The Supreme Court will for all practical purposes be unavailable as a check on Republican governance.

While conservatives across the country celebrate tonight, a few locals may be disappointed Trump passed over 8th Circuit Appeals Court Judge Steven Colloton of Iowa. Colloton and Iowa Supreme Court Justice Edward Mansfield were both on the long list of possible Supreme Court nominees Trump released during the campaign. By some recent accounts, Colloton was on the president’s short list after the election too. Maybe next time.

Bill Brauch, the former director of the Consumer Protection Division in the Iowa Attorney General’s Office, warns about a “little sleeper of a bill” that would be “a nuclear weapon against judicial fairness.” -promoted by desmoinesdem

Iowa Senate Republicans have hit the ground running this session, and their agenda is replete with extreme proposals. One of them hasn’t gotten much notice yet but, if enacted, would represent the most radical change to Iowa’s judicial system since its inception.

Senate Study Bill 1008 would impose the “loser pays” standard in all civil actions in Iowa courts. This means that if you lose a civil lawsuit you not only have to pay your own attorney fees, you have to pay the other side’s attorney fees as well. Another term for this would be “instant bankruptcy!”

Imagine you are injured in a car accident and sue the other driver to seek recovery for your injuries. If the case is hard-fought both sides might run up tens of thousands of dollars in attorney fees. Say the case is a close one and you lose by a whisker – the jury thought you had a good case but your proof fell just short. Under SSB 1008, you’ll not only have to pay your own attorney fees, you’ll have to pay the other side’s as well!

The Legislative Services Agency has drafted three bills fleshing out Iowa Secretary of State Paul Pate’s proposals on voter ID and other changes to election administration, such as signature verification and wider use of electronic poll books. Bleeding Heartland obtained copies of the documents, which I enclose below.

Important caveats:

These drafts are not the final versions of Pate’s bills.

The voter ID plan is consistent with Pate’s comments at an early January press conference and talking points the Secretary of State’s Office distributed the following week. As far as I can tell, these drafts have not incorporated feedback from the four county auditors who testified at a January 26 Iowa House hearing. Many election administrators have reservations about signature verification requirements as well as voter ID. Legislative staff may rewrite some provisions before the bills are assigned numbers and formally introduced in the Iowa House and Senate.

Republican lawmakers will alter Pate’s bills, if they run them at all.

Departmental bills often die in Iowa legislative committees. State Representative Ken Rizer and State Senator Roby Smith, who lead the State Government Committees in their respective chambers, told Barbara Rodriguez of the Associated Press last week “they’re working together on possible changes” to Pate’s plan. Rizer described the secretary of state’s recommendations as “a starting point for an election reform bill.” I expect Pate will end up playing “good cop,” with the “bad cops” in the House and Senate passing more restrictive ID requirements as well as steps to limit early voting, which Pate has not endorsed.

These bills do not yet come with a price tag.

Eventually, the Legislative Services Agency will produce a fiscal note estimating the cost of enacting each bill. Pate initially suggested his plans would require $1 million, roughly half to make electronic poll books universally available, and half to provide voter ID cards to about 140,000 registered Iowa voters lacking a driver’s license or other valid identification. More recently, he has said only about 85,000 current Iowa voters would need a new ID card to bring to the polls, reducing the cost to the state.

Jon Neiderbach, the 2014 Democratic candidate for state auditor, plans to announce a campaign for governor by the end of the week, he confirmed to Bleeding Heartland. A New York native who has lived in Iowa since attending Grinnell College during the 1970s, Neiderbach has in-depth knowledge of state government, having worked for the Legislative Fiscal Bureau and later in the Iowa Department of Human Services. He also served a term on the Des Moines School Board and has been an attorney in private practice since 2012. He campaigned for a few months in Iowa House district 43 during the last election cycle but withdrew from that race before the filing period.

Last year, Neiderbach was an active supporter of Bernie Sanders for president, and he will need support from that part of the Democratic base in a primary likely to include better-funded candidates. His new Twitter handle is @Neiderbach4Gov, and he’s on Facebook here. A campaign website will launch soon. I enclose below a short bio released during Neiderbach’s 2014 race for state auditor.

The field of Democratic challengers to future Governor Kim Reynolds will expand further. Rich Leopold is already campaigning around the state, and former Iowa Democratic Party chair Andy McGuire is expected to make her candidacy official within a month or two. (However, when I asked McGuire at the recent State Central Committee meeting when she was going to announce, the mother of seven grown children answered with a joke: “Oh, do I look pregnant?”)

The rumor mill sees State Representative Todd Prichard as a likely gubernatorial candidate too.

State Senator Liz Mathis told a Democratic gathering in Des Moines this month that she thought about running for governor in 2018, “but I don’t believe it’s in the cards for me.” I’ve talked to several Democrats who hope she will reconsider, including AFSCME President Danny Homan. (He is not in McGuire’s fan club.) Terry Branstad ruled out running for governor in May 2009 but changed his mind a few months later.

As of this week, Iowa state senators are no longer able to give speeches about matters of political or personal importance at a predictable time of day, when the chamber is relatively full.

For many years, members have been allowed to offer “Points of Personal Privilege” shortly after the Senate gavels in at 9:00 a.m.

Republicans ended that tradition on a party-line vote last Thursday. GOP leaders have not explained their reasons for moving the open discussion period to the end of each session day. The rule change is likely designed to reduce the visibility of Democratic remarks highlighting controversial legislation or Branstad administration policies. A former Democratic senator decried the move as “pushing public discourse in the dark.”

What’s on your mind, Bleeding Heartland readers? This is an open thread: all topics welcome.

Only one week into Donald Trump’s presidency, the outrages are piling up. Philip Rucker and David Filipov report today for the Washington Post that Trump has restructured the National Security Council to give his political strategist Steve Bannon a permanent spot on the “principals committee” of senior officials. Meanwhile, the chairman of the Joint Chiefs of Staff and the director of national intelligence will no longer be regular members of that committee. President George W. Bush never allowed his hatchet man Karl Rove to attend National Security Council meetings.

Trump issued several executive orders this week related to immigration. The most controversial (and probably unconstitutional) one restricts entry from seven countries–but maybe not for Christians from those areas. Despite the trending hashtag #MuslimBan, the order is technically not a ban on Muslims entering the U.S.–though Rudy Giuliani says Trump asked advisers to help him accomplish that goal through legal means. The White House is portraying the order as an anti-terrorism measure, but knowledgeable people know otherwise.

Cedar Rapids-based engineer Courtney Rowe may run for Congress against Representative Rod Blum in Iowa’s first district, she confirmed to Bleeding Heartland today. Rowe has been an active Democrat locally and was a Bernie Sanders delegate to last year’s Linn County, first district, and state conventions, as well as an alternate to the Democratic National Convention. She has volunteered her time on church missions, as a mentor for middle-school students, and as an officer for Parents and Friends of Lesbians and Gays (PFLAG).

Rowe described her background and motivation for considering a Congressional bid in a document I enclose below. She has not yet created an exploratory committee but plans to launch a campaign website sometime next month, both to present some of her policy ideas and to create an interactive format for voters to weigh in on the issues.

The 20 counties in IA-01 contain 166,338 active registered Democrats, 146,164 Republicans, and 191,340 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. The largest-population counties are Linn (the Cedar Rapids metro area), Black Hawk (Waterloo/Cedar Falls metro), and Dubuque, a traditional Democratic stronghold that is also Blum’s home base, where Democrats underperformed badly in 2016.

Blum was considered one of the most vulnerable U.S. House members in the country going into the 2016 election cycle, and many Iowa Democrats believed his narrow victory over Pat Murphy in 2014 had been a fluke. However, the Freedom Caucus member defeated Monica Vernon by a larger margin of 53.7 percent to 46.1 percent. Blum ran about five points ahead of Donald Trump, who carried the IA-01 counties by 48.7 percent to 45.2 percent. That was a massive swing from Barack Obama’s double-digit advantage in this part of Iowa in 2012.

Although I haven’t yet heard of any other Democrats thinking seriously about challenging Blum, I expect a competitive 2018 primary. Any comments about the race are welcome in this thread.

UPDATE: The Democratic Congressional Campaign Committee released its first target list on January 30. IA-01 and IA-03 are among those 33 Republican-held House seats.

Gary Kroeger explains why he’s not watching and waiting before speaking out against President Donald Trump. -promoted by desmoinesdem

Several times in the past few days people have said to me: “Give the guy a chance.”

They are annoyed that I jumped out of the box to criticize President Trump only one day after his inauguration. They have pointed out that I am usually more open-minded, and that I did, in fact, say that I would wait and watch before making judgments.

And I didn’t. Nope. When huge crowds gathered around the world to stand up for women’s rights because they felt diminished and threatened by the sexist, objectifying comments of an admitted “celebrity” predator, who became President of the United States of America, I felt the obligation to join the discordant chorus.

Six weeks after Iowa State University released the Internal Audit report on ISU Flight Service and University Owned Aircraft, I’ve made surprisingly little headway toward filling in the gaps.

Not for lack of trying.

The Iowa Board of Regents and ISU have withheld information that should have been included in a “comprehensive audit” purporting to cover every flight President Steven Leath has taken on a university airplane.

For today, I will focus on one issue: ISU staff’s refusal to tell me whether Leath has reimbursed the ISU Foundation for the full cost of flights to Rochester, Minnesota in July 2015. The matter raises questions about the foundation’s compliance with federal tax code and the accuracy of ISU’s official narrative.

The series continues; previous installments are here. -promoted by desmoinesdem

This week I will review our sixth-smallest county in terms of population, Osceola County. The 2010 census found 6,462 people living in the entire 399 square miles, the 3rd smallest in Iowa. To put this in perspective, Osceola County is roughly equal in population to the city of Oelwein (Fayette County).

Osceola County is north and just a bit west of Des Moines, bordering Minnesota on its north border. The highest point in Iowa, Hawkeye Point is located within the county. According to Google Maps, the county seat of Osceola County, Sibley, is 236.1 road miles from the Iowa State Capitol building in Des Moines. Osceola County was founded in 1871 when it was separated from Woodbury County, and was the last county established in Iowa. The county was named after the Seminole chief Osceola.

Nearly three weeks after Iowa Secretary of State announced plans to push for new voter ID requirements, Pate still hasn’t produced a draft bill that would answer important questions about how his scheme would work. Skeptics including John Deeth, Gavin Aronsen, Pat Rynard, the Des Moines Register editorial board, the Quad-City Times editorial board, and I have posited that the proposal would disenfranchise a significant number of eligible voters, largely from groups that tend to lean Democratic. Pate strenuously objects, claiming that his only concerns are for the “integrity” of Iowa elections and voter confidence in the system.

In addition to arguing his case on social media and in “a public relations tour of Iowa newsrooms,” Pate has sought to enlist support from county auditors, many of whom “aren’t fans of voter ID” requirements.

I enclose below two documents the Secretary of State’s Office distributed to county auditors during the week after his voter ID rollout.

Gary Kroeger looks at the proposed “First Amendment Defense Act,” which “may very well be the most frightening oxymoron of all time.” -promoted by desmoinesdem

What does it mean to be free in America? I believe it means that in the United States of America, no citizen will be denied services, opportunities, benefits, goods, transactions, acquisitions, access or mobility on the basis of their race, creed (religion), color, or gender. In fact, if there were distinctions to determine the extent of such rights, based on any physical or spiritual difference, then “American Freedom” would become meaningless.

This is not a state to state issue, either. There cannot be one definition for the qualifications of civil rights in one state that differs from another. American citizens can pass freely with a full complement of rights and expect the full protection of federal law. How could that be argued?

Yet it is. It is in legislation that is being re-introduced by Senators Ted Cruz and Mike Lee. And with a supportive Republican Congress and the blessings of President Trump, the First Amendment Defense Act could pass.

GOP lawmakers have been trying to defund Iowa’s leading provider of reproductive health care for years. Their previous efforts attracted relatively little public attention, since the Democrats in control of the state Senate would not go along.

Democrats no longer hold enough seats in the legislature to stop Republicans from enacting a plan that will require Iowa to spend ten times more, even as family planning services become less accessible.

As expected, an Iowa Senate Judiciary subcommittee advanced Senate File 2 during a January 24 meeting. The outcome was a foregone conclusion, since all 29 Senate Republicans are co-sponsoring the bill that would create a state-run family planning program, excluding Planned Parenthood as a qualified provider.

But the vast majority of Iowans support continued state funding for Planned Parenthood’s non-abortion services. Republicans weren’t prepared for hundreds of them to show up at the Capitol yesterday.

Republican State Representative Ashley Hinson used Planned Parenthood services when she first moved to the Cedar Rapids area and “couldn’t get in to an OB/GYN for over a year,” she told an audience in Linn County on Saturday. Hinson added that as any legislation defunding Planned Parenthood moves forward in the Iowa House, her “top concern” will be ensuring “we’re not making it harder on anyone to get services” and that “services are available.”

U.S. Senators Chuck Grassley and Joni Ernst have given the White House nothing to worry about as the chamber begins the process of confirming President Donald Trump’s cabinet appointees. Not only have Iowa’s senators voted for the three cabinet members approved so far, they have yet to voice serious concern about any nominee.

Two of the least controversial cabinet appointees gained Senate approval within hours of Trump’s inauguration on January 20: James Mattis for secretary of defense and John Kelly for director of Homeland Security. Only one senator (Democrat Kirsten Gillibrand) voted against confirming Mattis, because she opposes the waiver allowing him to serve in the cabinet less than seven years after leaving the military. Only eleven Democrats voted against confirming Kelly.

Mike Pompeo’s nomination as director of the Central Intelligence Agency drew more opposition when it came to the Senate floor on January 23. Thirty Democrats, Republican Rand Paul, and independent Bernie Sanders voted against Pompeo’s nomination, largely over concerns about his positions on torture and government surveillance.

As dangerous as Pompeo could be to the rule of law as it relates to intelligence gathering and interrogation techniques, Trump’s deceptive, off-topic, self-centered speech on Saturday at CIA headquarters knocked Pompeo down the list of things that terrify me about the coming years. Robin Wright explained for the New Yorker why “Trump’s vainglorious affront to the CIA” horrified intelligence community professionals. According to NPR’s national security correspondent Mary Louise Kelly, former CIA chief of Russia operations Steve Hall has said that agency staff are worried they might not be able to trust Trump enough to reveal the source of unflattering information about Russian President Vladimir Putin.

This thread is for any comments related to Trump’s cabinet or out-of-control narcissistic rages, which require his advisers to serve as glorified babysitters keeping the president from spending too much time watching television. I enclose below official statements from Ernst on the first cabinet confirmations and from Grassley on his meeting with Kelly earlier this month. Both senators have studiously avoided any public comments about Trump’s child-like temperament or sometimes contradictory outbursts on matters of national security.