Federal court rulings suggest new Iowa law is unconstitutional

Iowa’s Republican leaders have few checks remaining on their power. But one law approved during the 2023 legislative session appears unlikely ever to go into effect.

Federal judges in four states have blocked the government from enforcing bans on gender-affirming care for minors.

U.S. District Court Judge James Moody issued the most comprehensive ruling on the matter on June 20, when he permanently enjoined an Arkansas law enacted in 2021. Moody found the law violated the Fourteenth and First Amendments of the U.S. Constitution. Three other judges, including two appointed by President Donald Trump, have issued preliminary injunctions on similar laws in Indiana, Alabama, and Florida while litigation proceeds.

Although Arkansas Governor Sarah Huckabee Sanders has said she will appeal the ruling in Brandt v Rutledge, Judge Moody’s extensive findings of fact could influence the outcome on the Eighth Circuit Court of Appeals, where a challenge to Iowa’s ban on gender-affirming care may eventually be heard.

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In today's culture war, Iowa is 1950s Ireland

Chuck Holden was born and raised in Iowa and is a history professor at St. Mary’s College of Maryland.

As readers of Bleeding Heartland know all too well, there are no signs that the hard-right GOP governing the state will stop its drastic reshaping of law and culture. Iowa, it appears, is competing with states like Texas and Florida for the title of most reactionary. But due to their size and much more diverse populations, Texas and Florida do not serve as good comparisons for a state like Iowa. Rather, Ireland in the mid-1900s, nearly all white and all conservative Christian, does.

The vision of Iowa that the state’s Republican leadership seems to have in mind is remarkably similar to that of the long-time Irish leader Éamon de Valera’s from the 1930s through the 1980s: lands of sturdy farms and humble, god-fearing families where “traditional” is worn as a badge of pride. But underneath the wholesome image one finds punitive regimes ever-alert to threats real or imagined of an encroaching modern world.

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A dumpster fire ready to ignite

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. 

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ACLU: Iowa ordinances restricting drag performances are unconstitutional

Jay Waagmeester is an intern at Iowa Capital Dispatch, where this article first appeared.

The American Civil Liberties Union of Iowa says city ordinances that restrict performances by “male or female impersonators” are unconstitutional.

The ACLU of Iowa is encouraging multiple cities in the state to change zoning ordinances restricting such shows—including drag performances—at businesses. Some cities have taken action, while others remain in violation of the Constitution, according to the ACLU.

Laws in several Iowa cities require businesses featuring “male or female impersonators” to be zoned as an adult entertainment or an adult cabaret business. 

Three cities in Iowa—Dyersville, Pella, and Waukee—have received notice from the ACLU advising them to alter their municipal ordinances so they avoid placing zoning restriction on businesses that feature female and male impersonators. 

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Iowa wildflower Wednesday: Wild Lupine

Kenny Slocum is the naturalist and natural resource manager for the Clayton County Conservation Board.

Lupine and I have a complex relationship. Despite the fact that some variants are indigenous to Iowa, I had to leave home to learn to recognize it.

After college, I moved to Western Montana where I first became acquainted with the genus. Following my term with the Montana Conservation Corps, I bounced up and down the Rocky Mountains, the Black Hills, the Colorado Plateau… Everywhere I went, lupine was there to greet me. Always a crowd-pleaser, a colony of lupine on a hillside brings an incredible splash of color to the summer meadow wherever the geography.

As with so many other plants, it took me a long time to realize I didn’t have to leave Iowa to find it. I would have needed to take a road trip out of my native Scott County, though. Especially in search of the true Iowan lupine.

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What we learned from Iowa Supreme Court's non-decision on abortion

The most closely watched Iowa Supreme Court case of 2023 ended in a stalemate on June 16. Nearly a year to the day after the court’s majority severely undermined reproductive rights by reversing a 2018 precedent, the justices split 3-3 on Governor Kim Reynolds’ effort to lift an injunction on a 2018 law that would ban an estimated 98 percent of abortions.

The split decision in what will be known as Planned Parenthood of the Heartland v Reynolds V affirmed last year’s Polk County District Court ruling “by operation of law.” In other words, the 2018 abortion ban will be permanently enjoined. For the foreseeable future, abortion will remain legal up to 20 weeks in Iowa—in contrast to many other Republican-controlled states.

But top Iowa Republicans have vowed to enact new abortion restrictions, which will prompt new litigation. Although the opinions published on June 16 have no force of law, they provide many clues about how the Iowa Supreme Court may approach its next major abortion case.

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Cameras are a must in Trump criminal case

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

Forty-four years ago, the Iowa Supreme Court made an important change in the way the state courts operate, by allowing journalists to bring their cameras and audio recorders inside courtrooms during hearings and trials to better inform the public about noteworthy cases.

Iowa was a pioneer in making its court proceedings more accessible and transparent to those who could not be there in person.

It is long overdue for the federal courts to follow Iowa’s lead and swing open the doors of federal courtrooms across the country to provide similar access. The coming proceedings in Florida in the case of United States of America vs. Donald J. Trump cry out for making this change.

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Why Iowa Republicans may struggle to agree on new abortion ban

Top Iowa Republicans reacted quickly on June 16 after the Iowa Supreme Court’s split decision kept abortion legal in Iowa up to 20 weeks.

In a joint news release, Governor Kim Reynolds, Senate Majority Leader Jack Whitver, and House Speaker Pat Grassley promised to work together on what they called “pro-life policies to protect the unborn.” But they did not indicate whether a new law might differ from the near-total abortion ban passed in 2018, which remains permanently enjoined after the Supreme Court deadlock.

The statements also did not clarify whether Republicans plan to convene a special legislative session before lawmakers are scheduled to return to Des Moines next January. Communications staff working for the governor and House and Senate leaders did not respond to Bleeding Heartland’s questions.

Any new abortion ban would be challenged immediately, and two years might pass before the Iowa Supreme Court rules on whether that law violates the state constitution. So anti-abortion advocates will want the legislature and governor to start the process sooner rather than later.

But even with the large House and Senate majorities Iowa Republicans now enjoy, it may not be easy to draft a bill that can get through both chambers.

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Iowa governor passes over GOP foe of school vouchers for judgeship

Governor Kim Reynolds got just about everything she wanted from the Iowa legislature during the 2023 session. But she signaled this week that she isn’t ready to let bygones be bygones when it comes to Republicans who have stood in her way.

The governor’s office announced three District Court judicial appointments on June 16, including Michael Carpenter for District 8A, covering ten counties in southeast Iowa. The other person nominated for that judgeship was former State Representative Dustin Hite.

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Right-wing groups harm Iowa's "Foundation in Education"

Pat O’Donnell is a resident of Sioux Center and spent 37 years serving in Iowa public schools as a teacher, principal and superintendent. He may be reached at patnancy@zoho.com. A version of this commentary first appeared in the N’west Iowa Review.

“Foundation in Education” was the motto on the Iowa quarter issued in 2004. In my thirty-seven years serving in Iowa public schools as a teacher, principal, and superintendent, I was so proud to be an educator in a state that valued education as much as this one. 

Yet, despite what the Iowa quarter says, our state’s “Foundation in Education” is under assault.

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Democrats seek vote after election denier named Warren County auditor

Democrats in and near Warren County are collecting signatures to demand a special election after the county board of supervisors named David Whipple, a 2020 election denier, to serve as county auditor.

All three Warren County supervisors—board chair Darren Heater, Crystal McIntyre, and Mark Snell—are Republicans, and all voted on June 6 to appoint Whipple through the end of 2024. He fills a vacancy left by the county’s longtime Democratic Auditor Traci VanderLinden, who retired in May. (Snell ran unsuccessfully against VanderLinden in 2020.)

Whereas Whipple has no background in election administration, the other applicant for the position was the county’s current deputy auditor Kim Sheets.

Amy Duncan covered the supervisors’ meeting for the Indianola Independent Advocate. Whipple emphasized his background in construction and his experience hiring, training, and managing staff. Sheets said she knows the strengths and weaknesses of the auditor’s office employees and would be able to mentor them to improve operations.

McIntyre acknowledged it “looks weird” for the board to be considering Whipple, a personal friend, for the vacancy. “It came down for me is the detail-oriented person especially in elections,” she added. “The public, you’re only going to see voting, but there is real estate, there is claims. I want the detail person.”

It appears that no one at the meeting discussed one important detail: Whipple helped spread baseless conspiracy theories about the 2020 presidential election.

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Iowa’s orchids are disappearing, leaving behind more questions

Kara Grady is an amatuer botanist and wildflower enthusiast based in eastern Iowa. Her work has been published in the Erythronium newsletter of the Iowa Native Plant Society. When she’s not going on rare flower adventures, she can be found reading the latest botanical books or attending prairie seminars.

“I think I’ll put a cage around it.”

It was a beautiful blue day in the middle of May, and Chris Edwards and I were both staring at the one lesser yellow lady slipper blooming in his family’s woodland plot. While I stared in utter rapture, Chris looked slightly grim, and perhaps for good reason. This is the last clump of the slipper that still exists since his grandparents bought the woodland in 1963. He blames ravenous deer for their disappearance.

Hungry deer are just one of the many challenges Iowa’s orchids face in their struggle for survival.

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Black Iowa Newspaper publishes first edition

Dana James, the founder of the Black Iowa News website and email newsletter, has launched a print version of the publication in time for Juneteenth celebrations around the state. James told Bleeding Heartland she plans to publish the Black Iowa Newspaper quarterly this year, with the goal of monthly printing during 2024.

Although Iowa has a long tradition of Black journalism—the Iowa Bystander newspaper was founded in Des Moines in 1894—the state has been without a print newspaper produced by and for Black Iowans for some time. Jonathan Narcisse, the last publisher of the Bystander, moved the paper to a digital-only format several years before his death in 2018.

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Jasmine Schneider: The force for change Davenport needs

Alexandra Dermody is a Davenport based Gen Z activist, nonprofit director, and small business owner.

A promising figure has emerged in Davenport’s political tapestry: Jasmine Schneider. A stalwart community organizer and advocate for change, Schneider has thrown her hat into the ring for this year’s mayoral election. With a comprehensive, ambitious agenda, she brings a breath of fresh air and dedication to her vision of a more inclusive, thriving Davenport.

Schneider’s steadfast resolve is woven throughout her political platform, from her commitment to restorative justice to her focus on Davenport’s economic development. Her key priorities, distilled from her understanding of the city’s most pressing challenges, are both inclusive and innovative.

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What Kim Reynolds was really saying about latest Trump indictment

Governor Kim Reynolds was quick to respond after federal prosecutors charged former President Donald Trump with 37 counts related to concealing and mishandling classified documents, making false statements, and obstructing justice.

Although the governor misrepresented the facts of the criminal case, her statement conveyed plenty about Reynolds and the dominant mindset among Iowa Republicans.

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Thoughts on Iowa Senate Democrats electing new leader Pam Jochum

A British prime minister once said that a week is a long time in politics. Iowa Senate Democrats proved the adage true on June 7, when they elected State Senator Pam Jochum as minority leader, replacing State Senator Zach Wahls.

Wahls was first elected to the legislature in 2018 and had led the caucus since November 2020. Jochum was first elected to the Iowa House in 1992 and to the Senate in 2008 from districts covering Dubuque. When Democrats last controlled the chamber, she held the second-ranking position of Senate president from 2013 through 2016. More recently, she has served as one of four assistant minority leaders.

A week ago, a Senate Democratic leadership election was not on anyone’s radar. Wahls was the guest on the latest edition of the Iowa PBS program “Iowa Press.”

The June 7 caucus meeting was scheduled to address an uproar that unfolded over the weekend.

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Was it Roast & Ride or Boast & Hide?

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

A day after Senator Joni Ernst’s annual Roast and Ride fundraiser, which marked the informal start of the Iowa GOP’s 2024 caucus campaign, a friend asked, “Where do we go from here?”

She was mindful of the cluster of Republican candidates challenging former President Donald Trump for the nomination.

Trump, who was absent from Roast and Ride festivities, had offered an answer a few days before at an appearance in Urbandale: “We have a nasty race ahead of us.”

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