How Iowa Supreme Court's McDermott, Oxley have decided big cases

Disclosure: I am a plaintiff in an open records lawsuit that is pending before the Iowa Supreme Court on interlocutory appeal. (The governor’s office appealed a lower court ruling against the state’s motion to dismiss our case.) That litigation has nothing to do with this post.

On the back side of Iowa’s general election ballot, voters have a chance to vote yes or no on allowing two Iowa Supreme Court justices, two Iowa Court of Appeals judges, and dozens of lower court judges to remain on the bench.

No organizations are campaigning or spending money against retaining Justices Dana Oxley and Matthew McDermott, whom Governor Kim Reynolds appointed in 2020.

Nevertheless, I expect the justices to receive a lower share of the retention vote than most of their predecessors. Shortly after the newest justices were part of a controversial ruling on abortion in June, the Iowa Poll by Selzer & Co for the Des Moines Register and Mediacom found a partisan split in attitudes toward the Iowa Supreme Court, with a significant share of Democrats and independents disapproving of the court’s work.

This post seeks to provide context on how the justices up for retention have approached Iowa Supreme Court decisions that may particularly interest Bleeding Heartland readers.

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Iowa absentee ballot numbers in the 2022 general election

Continuing a Bleeding Heartland tradition, I will post Iowa’s latest absentee ballot numbers, statewide and for each Congressional district, every weekday, based on figures released by the Iowa Secretary of State’s office. You can find Iowa’s new Congressional map here or at the bottom of this post.

You can compare this year’s numbers to daily charts from the last five election cycles by clicking through to Bleeding Heartland’s archive of absentee ballot totals from 2020, 2018, 2016, 2014, and 2012. Remember that Iowa had longer early voting windows for all of those elections: 40 days through 2016, and 29 days for 2018 and 2020. Republicans shortened the early voting period as part of a wide-ranging effort to suppress early voting in 2021.

In addition, the Secretary of State’s office has changed the format of its absentee ballot statistics. In the past, all ballots received were lumped together, whether the Iowans voted early by mail or in person.

Now, the statistics show ballots returned by mail or email (an option for military or overseas voters), ballots cast from a health care facility, early votes cast in person at county elections offices, and those cast in person at satellite locations. I’ve adjusted my tables accordingly.

Since larger, Democratic-leaning counties tend to have more satellite voting locations, I’ll be on the lookout for Republican lawmakers to attempt to further restrict that voting method during the coming legislative sessions. (The 2021 law put up some new roadblocks for satellite voting.)

The Secretary of State’s office also publishes daily absentee ballot totals by Iowa county, state House district, and state Senate district.

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What was once "Iowa nice" now "too liberal," through GOP lens

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.

“You can’t handle the truth!”

Many Bleeding Heartland readers will recall those words of contempt that U.S. Marine Colonel Nathan R. Jessup—played by Jack Nicholson— shouted from the witness stand in the 1992 movie, A Few Good Men.

Col. Jessup was alluding to the death of a young Marine, a killing that “saved lives,” he claimed. Those outside the U.S. Marine Corps supposedly couldn’t handle his distorted view of “the truth.”

That contempt called to mind the political commercials that contaminate our television viewing these days. Judging by the smears and deception in so many ads, the phrase “Iowa nice” (like many of the targeted candidates or policies) would now be considered “too liberal for Iowa.”

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Iowa wildflower Wednesday: Flowers of Octobers past

Some years, I find wildflowers still blooming this far into autumn. But I haven’t been out with my camera lately, and everything’s gone to seed along the wooded trail where I often walk my dog.

So I dove into my files and pulled out a selection of wildflowers I’ve found in October. I took most of these pictures in 2016, when unusually warm weather seemed to extend the blooming period for some species (and inspired me to spend more time on my bicycle).

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Eight revealing exchanges from the Reynolds/DeJear debate

You have to hand it to Deidre DeJear.

Governor Kim Reynolds has all the advantages of incumbency. She has spent most of the year avoiding unscripted questions and taking credit for projects that President Joe Biden and a Democratic Congress made possible. While the challenger has struggled to get her message in front of voters, Reynolds enjoys free media coverage almost daily and has blanketed the state with (sometimes racist) television commercials for the past six weeks.

The day before the only scheduled debate between the candidates for governor—Reynolds would not agree to the traditional three—the Des Moines Register published a new Iowa Poll by Selzer & Co showing the incumbent ahead by 52 percent to 35 percent among likely voters.

In other words, the odds facing DeJear could hardly be longer.

Nevertheless, the challenger spoke with clarity and confidence throughout the hour-long “Iowa Press” appearance, using facts and personal stories to great effect. She refused to take the bait when Reynolds fell back on divisive talking points about what “they” (Democrats) supposedly want to do.

I hope voters will take the time to watch the whole program, or read the transcript on the Iowa PBS site. Eight exchanges struck me as particularly revealing.

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Six things for Iowa educators to consider before voting

Bruce Lear lives in Sioux City and has been connected to public schools for 38 years. He taught for elevent years and represented educators as an Iowa State Education Association Regional Director for 27 years until retiring.  He grew up in Shellsburg, Iowa.  He can be reached at BruceLear2419@gmail.com. 

Dear Iowa educators:

Some things are obviously not in our best interest. We don’t follow the GPS when the path leads into a river. We don’t tell our spouse he or she looks fat in those jeans, and we don’t wear a University of Iowa shirt in an Iowa State bar, or vice versa.  

It’s common sense. 

On November 8, Iowa’s educators will face big choices. To avoid trouble later, we need to make decisions rooted in our best interest, because public education is on the ballot.

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Kacey Davis for Broadlawns trustee

Melissa Halverson, DNP ARNP is a Des Moines area nurse practitioner specializing in gastroenterology.

This November, Polk County voters will fill three seats on the Broadlawns Board of Trustees.

When I heard my friend and former colleague Kacey Davis was running for Broadlawns Board of Trustees, I must admit I was a little surprised. After all, she had a toddler, and a demanding job. That seemed to be a lot to handle even without a campaign in the mix.

But I should not have been so surprised. As a family nurse practitioner in community health, Kacey knows firsthand the barriers to finding medical care and mental health services for our most vulnerable residents. Helping to break down those barriers motivates her to serve on the Broadlawns Board of Trustees.

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New Selzer Iowa Poll points to "winnable" race for Democrats

Dan Guild is a lawyer and project manager who lives in New Hampshire. In addition to writing for Bleeding Heartland, he has written for CNN and Sabato’s Crystal Ball. He also contributed to the Washington Post’s 2020 primary simulations. Follow him on Twitter @dcg1114.

Ann Selzer commented on her latest Iowa Poll of the U.S. Senate race for the Des Moines Register and Mediacom: “It says to me that Franken is running a competent campaign and has a shot to defeat the seemingly invincible Chuck Grassley — previously perceived to be invincible.”

The gold-standard pollster‘s statement will shock many political observers. Forecasters that issue ratings on Senate races have uniformly discounted any chance that Chuck Grassley will lose. This race is simply not on the national radar. Since 2016, Iowa has seemingly marched inexorably toward becoming a red state.

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One of her favorite places

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

Across a crowded lobby, I recognize Iowa’s one-time state architectural historian who married a candidate for Congress. It’s one of the opening events at the spectacular new Stanley Museum of Art. She is serving as a greeter.

Calling card in hand, I make my way to her side. Scribbled on the back: “Alexander Clark House.”

She glances at the words. “That is one of my favorite places,” she says.

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Governor's action cost Iowans $141 million in food assistance

Iowans who qualify for federal food assistance received $141 million less in benefits from April through August, due to Governor Kim Reynolds’ action earlier in the year, according to data the Iowa Hunger Coalition released on October 12.

After Reynolds ended the state’s public health emergency related to the COVID-19 pandemic, Iowans lost access to the emergency allotments in the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. The Iowa Hunger Coalition calculated that the total amount Iowans received through SNAP dropped by 43 percent from March to April.

Without the emergency allotments, the coalition reported, “On average, households have been receiving $200 less in benefits every month. The average SNAP benefit per meal for individuals in Iowa was $1.56 in August 2022.”

The federal government entirely funds the SNAP program, so the state of Iowa saved no money by depriving food-insecure Iowans of extra benefits.

On the contrary: the U.S. Department of Agriculture’s Economic Research Service has calculated that each $1 issued in SNAP benefits generates $1.54 in economic impact. (When people in need receive more food assistance, they can spend more of their limited resources on other goods and services in their community.) So the $141 million Iowans did not receive from April through August could have increased Iowa’s gross domestic product by $217 million.

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Iowa governor not even close to keeping one 2018 campaign promise

“If elected, will you commit to weekly press conferences?” a moderator asked during the first debate between Iowa’s candidates for governor in October 2018. “I do it all the time,” Governor Kim Reynolds replied.

Asked again during that campaign’s third debate whether she would hold weekly press conferences, Reynolds claimed to have already made that commitment, adding, “If there’s any ambiguity, I will.”

Bleeding Heartland’s review of the governor’s public schedule reveals she has not come close to keeping that promise for most of the past four years. After a period of greater accessibility during the COVID-19 pandemic, Reynolds held just four formal news conferences during the second half of 2021. More than 40 weeks into this year, she has held only ten news conferences, the last occurring on July 12.

Reporters with access have sometimes been able to ask the governor a few questions at a “gaggle” after a bill signing or another public event. But most weeks, Reynolds has not scheduled even an informal media availability.

Avoiding unscripted questions on camera gives Reynolds greater control over news coverage of her administration, and keeps awkward moments mostly out of public view.

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Iowa wildflower Wednesday: White wild indigo

Katie Byerly shares another spectacular series of wildflower photos from northeast Iowa. Katie is also known as Iowa Prairie Girl on YouTube.

What is your favorite wildflower? I enjoy so many that it’s a hard question to answer. I do know that whenever I see White wild indigo (Baptisia alba macrophylla), I can’t help but smile.

Let me share a few reasons why this is one of my favorite wildflowers.

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Through story and song

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

I was excited when I learned Simon Estes would narrate the Iowa public television documentary “Lost in History: Alexander Clark.”

Ahead of the premiere showing at Muscatine Community College in March 2012, the Muscatine Journal highlighted the bass-baritone’s role in “the 27-minute film by award-winning New York producer Marc Rosenwasser that chronicles Clark’s life from his birth in western Pennsylvania in 1826 to his death in 1891.”

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Governor Reynolds, don't become Donald Trump

Bruce Lear lives in Sioux City and has been connected to public schools for 38 years. He taught for four years in Alden and seven years in Cherokee, then represented educators as an Iowa State Education Association Regional Director for 27 years until retiring.

Anyone who watches television has seen the Progressive Insurance commercial where Dr. Rick helps young homeowners becoming their parents. He gives advice like, “We don’t need a line monitor.” “You don’t need to clap after a movie because no one in the theater made the movie.” “Don’t leave a long message on an answering machine, just text.”

I had three thoughts when I first saw this commercial. First, I was amused. Second, the old guy in me thought, young people would benefit quite a bit from becoming their parents. But the rational guy in me questioned, in a fast-changing world, do we really want young people becoming their parents? The answer was an emphatic no.

My third thought was that Iowa Governor Kim Reynolds might benefit from a little advice on how not to become Donald Trump.

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Maternal health questions for Broadlawns trustee candidates

Rachel Bruns is a volunteer advocate for quality maternal health care in Iowa.

In August, I spoke to the Broadlawns Board of Trustees for the third time in the past four years.

You can read my comments from my first time speaking during their citizen comment period in July 2018 when I was five months pregnant and looking for VBAC supportive care for the birth of my second child. Unbeknownst to me at the time, this experience launched my maternal health advocacy.

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Iowa Republicans call Democrats extreme on abortion. Will voters buy it?

Republicans seeking Iowa’s federal offices take some important advantages into the November election. Most are incumbents with more money to spend than their challengers. Recent history suggests midterms favor the party out of power in Washington, and President Joe Biden has low approval numbers in Iowa.

One wild card complicates the equation for GOP candidates here, as in many other states. Republicans are on record supporting near-total abortion bans, while a majority of voters favor keeping abortion mostly legal.

Republican campaign messaging has emphasized other topics, such as inflation, taxes, or unpopular Washington politicians. When they can’t avoid talking about abortion, Republicans have claimed their Democratic opponents are the real extremists on the issue.

Several races may hinge on whether moderate voters buy into that distortion of the facts.

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Iowa Senate district 14: A "rap sheet" that speaks for itself

Herb Strentz reflects on Republican Jake Chapman’s claim that his Democratic opponent Sarah Trone Garriott is a “radical activist.”

Fear-mongering and baseless campaign attacks against candidates for public office are not restricted to Iowans who dare to seek election while being Black—as is the case for Deidre DeJear, Iowa’s Democratic candidate for governor.

Yes, commentators from Bleeding Heartland to the Des Moines Register’s editors have rightly condemned Governor Kim Reynolds’ ads against DeJear as race-baiting.

And yes, “politics ain’t beanbag.” It’s not for the thin-skinned.

That “beanbag” contrast is as true today as it was in 1895, when Finley Peter Dunne quoted his fictional character, Mr. Dooley, pontificating about rough-house Chicago politics.

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Turn the ballot over and vote no on Public Measure 1

Katie Jones lives in Des Moines with her family. She is passionate about gun violence prevention.

Gun safety is on the ballot in Iowa this year. Voters will consider a state constitutional amendment called Public Measure 1, which states, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”

The last sentence makes this amendment very different from the U.S. Constitution’s Second Amendment, and more extreme. What is strict scrutiny and how would it change the legal landscape?

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