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.

Lieutenant Governor Kim Reynolds will take many advantages into the 2018 gubernatorial campaign, by virtue of being the incumbent after Governor Terry Branstad leaves for China.

Though Cedar Rapids Mayor Ron Corbett is considering a bid for the Republican nomination next year, he may have second thoughts after looking at the Reynolds committee’s latest campaign finance reports. The lieutenant governor ramped up her fundraising during 2016 and has more than $1.1 million in the bank.

Contrary to the picture painted by spin doctors for Reynolds, most of the money came from major donors.

Superstar volunteer and Howard County Democratic Party chair Laura Hubka’s open letter to the former president and first lady. -promoted by desmoinesdem

Dear President Barack Obama and First Lady Michelle Obama,

I worked really hard for you back in 2007 and again in 2012. I was “one of those people” who had never paid attention let alone voted before. I heard you Mr. President, I heard you speak on TV in February of 2007 announcing your candidacy. I stopped what I was doing and looked at the name on the TV screen. “Barack Obama” it said and I laughed. I thought, what the heck? It made me stop and listen though. I was sitting down before your speech was over. You had me. Just a person in Iowa. A veteran, a wife, mother, worker and non-registered voter.

The hope and the change. The light and the love. I felt it all. I went to your website and logged in and signed up to help. It was like a lightening bolt hit me. I sometimes wonder exactly what it was. I do not think I will ever know. Good looks, great smile, wonderful speaking tone? Maybe the thought that a black man could actually be president of this nation. Working towards that goal was certainly part of it. I do know this for a fact.

We were told to get positive and stay positive. No one was allowed to say disparaging things about anyone else who was running. Anyone in the office that did was spot checked and re-routed. We knocked, we called and we ate up your enthusiasm and hope with a big soup spoon. A man of conviction and a family to admire. You and Michelle spend a lot of time in Iowa, I met you three times and Michelle once. I cried when I met you Michelle. You are still a light in my life.

Turnout for the Women’s March in Washington and companion events around the world shattered expectations on Saturday, far exceeding the number of people who showed up to watch Donald Trump be sworn in as president the previous day. Trump and White House press secretary Sean Spicer had a right royal meltdown over media coverage of attendance at the inauguration. The president must have been seething to see yesterday’s news about more than 2.5 million people marching, including at least half a million in Washington and massive numbers in city after city: 750,000 in Los Angeles, 250,000 in Chicago, 100,000 in Denver, and so on.

Before the weekend, I heard predictions that 10,000 people might come to the Iowa Women’s March outside the Capitol in Des Moines. Instead, an estimated 26,000 people were there–impressive turnout for a state with about 3 million residents.

I spent most of Saturday at the Iowa Democratic Party State Central Committee meeting, so I’m grateful to Bleeding Heartland readers who gave me permission to share their Iowa Women’s March photos below (click on any image to enlarge). The only problem was choosing what to post among scores of inspiring images from the rally.

This is an open thread: all topics welcome. The Iowa City Press-Citizen published a photo gallery from the women’s march in the “people’s republic.”

Johnson County Supervisor Kurt Friese on the big news from this weekend. -promoted by desmoinesdem

If you follow me on Facebook then you know I post a lot. Too much for some. I get that. But Saturday was special.

As an active FB user I notice the responses (or lack thereof) that my posts get. In 10 years on the medium, I have never seen a response like I did on Saturday as a result of the #WomensMarch. By far the most likes, reactions, replies, reposts, etc. that I have ever received. Now don’t get me wrong, I’m a chef and a politician, so I have a healthy ego, but even I know that the reason for this huge reaction has nothing to do with me. It ain’t the messenger, it’s the message.

I am old enough to remember the protests against the war in Viet Nam. The first protest I ever saw live was in DC in 1974, a large crowd outside the Soviet embassy shouting “Freedom for Ukraine.” (Guess we might see that again). The biggest I ever participated in was the protest against the Iraq war. Until yesterday.

UPDATE: Derek Eadon was the winner; have added more about the meeting below, along with the audio from his first comments to reporters as state party chair and background on the new vice chairs. Democrats avoided a polarizing result today.

For many years, the Iowa Democratic Party’s State Central Committee “elected” the state chair in name only. In reality, insiders rubber-stamped a decision made by one person (Senator Tom Harkin, Governor Tom Vilsack, or Governor Chet Culver). So I was thrilled to see an open competition among four talented people seeking the top position in 2015. Contrary to some predictions, that race was not a foregone conclusion for the establishment’s favorite candidate; Andy McGuire needed three ballots to win.

The spirited campaign to become state party chair for the next two years is encouraging, considering the huge challenges facing our party after losses in November exceeding most people’s expectations.

I decided early not to endorse any candidate, because everyone in the field brought valuable skills and experience to the table. Reading the pieces posted here by Julie Stauch, Kurt Meyer, Derek Eadon, Sandy Dockendorff, Blair Lawton, and Kim Weaver, along with messages to State Central Committee members from Mike Gronstal and Bob Krause, I felt confident that whoever won would understand the key tasks facing the party and could draw on many good ideas floated during the process.

As today’s election approached, I have become increasingly concerned that the outcome will leave Iowa Democrats more angry and divided–party because the voting procedure won’t allow for consensus-building, and partly because some old hands simply don’t understand the mindset of many activists energized by the Bernie Sanders campaign.