When public health gets political

Richard Lindgren: The “commonweal” of public health has taken a back seat to political resentment and anti-science myths propagated by social media. -promoted by Laura Belin

Despite a strong start at vaccinating its populace against COVID-19, my former home state of Iowa has begun to slip in the national rankings in its percentage of vaccinated residents. In Texas, some hospital workers have taken their management to court to fight suspensions for refusing the vaccine, despite experiencing over 52,000 deaths of Texans from COVID in those same hospitals.

What is going on here? Sometimes a simple scatter-graph tells a great story:

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IA-01: How Liz Mathis might match up against Ashley Hinson

Democratic State Senator Liz Mathis told Iowa news outlets on June 14 that she is “seriously considering” running for Congress next year and will announce her plans in late July.

Mathis won her first race in a 2011 special election for Iowa Senate district 34, covering much of the Cedar Rapids suburbs. She has since been re-elected three times. Republicans did not invest in Senate district 34 in 2012, made an unsuccessful play there in 2016, and opted not to field a candidate against Mathis in 2020.

My Democratic contacts in Linn County expect Mathis to run in the first Congressional district. I am inclined to agree. If she weren’t leaning toward running, she would probably not disclose her plans until after Iowa adopts new maps, which is unlikely to happen before September.

Mathis retired last month from Four Oaks, which provides services to children in the Cedar Rapids area. So she could devote full-time efforts to a Congressional campaign whenever the state legislature is not in session. Since her Iowa Senate term runs through 2024, she doesn’t need to give up her current office to compete for IA-01.

My Republican contacts expect U.S. Representative Ashley Hinson to run for U.S. Senate if Chuck Grassley retires. For the purposes of this post, I’m assuming Grassley will seek an eighth term, and Hinson will seek re-election in IA-01.

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They only have to win once

Jim Chrisinger sounds the alarm about the Republican Party’s efforts in at least fourteen states to rig elections in their favor. -promoted by Laura Belin

The thing is, we who believe in democracy have to win every election. The Trumpers, who don’t believe in democracy, only have to win once. Here’s why.    

Take Georgia for example, a red state trending purple. Democracy held in 2020 because of people like Secretary of State Brad Raffensperger, his staff, and local election officials across the state, most of whom are Republican. They did the right thing.  

But now, juiced by Trump’s Big Lie, the wheels are in motion for a new reality. The Georgia GOP passed a new round of voter suppression against minorities and other Democratic-leaning groups. They are preparing to gerrymander for 2022 and the coming decade. They recently enacted authority for the legislature’s appointees to overturn local election results. Raffensperger, the state’s chief election official, and other officials who faithfully fulfilled their duties in 2020, are being challenged in 2022 by Trumpers who believe the Big Lie.  

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One more glass ceiling broken at the Iowa capitol

Iowa House Democrats elected State Representative Jennifer Konfrst as the new minority leader on June 14. She is the first woman to lead the House Democratic caucus, which now has 21 women and 20 men. (That’s down from the record number of 24 Democratic women among the 47 Iowa House Democrats who served in 2019.)

Konfrst had served as House minority whip since late last year and appeared to be the only contender to succeed Todd Prichard, who announced early this month that he would soon step down as caucus leader.

Women have now held the top positions in each party’s caucus in each Iowa legislative chamber. Mary Lundby became the top Iowa Senate Republican in 2006 and served as co-majority leader in the chamber, evenly split 25-25 at the time. She also served as Senate minority leader in 2007.

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Refunding Des Moines

Brandi Webber is a local artist, volunteer, mother, and candidate for Des Moines City Council in Ward 3. -promoted by Laura Belin 

A community’s priorities can be made visible by looking at the breakdown of the city budget. Looking at Des Moines’ city budget, you see that our largest single priority, at roughly 39 percent of spending, is policing.

With such a large portion of our budget devoted to policing, examining the effectiveness of police and their role in our community should be non-controversial. When we talk about “defunding the police,” many will conjure an image of a city in disarray as the pillars of society crumble to the ground. The reality is, our society relies too heavily on a policing system.

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Iowa Republicans have abandoned executive branch oversight

Governor Kim Reynolds has been lucky at key points in her political career. Terry Branstad passed over more experienced contenders to select her as his 2010 running mate, allowing a little-known first-term state senator to become a statewide elected official. Six years later, Donald Trump won the presidency and named Branstad as an ambassador, setting Reynolds up to become governor without having to win a GOP primary first.

Most important, Reynolds has enjoyed a Republican trifecta her entire four years as governor. Not only has she been able to sign much of her wish list into law, she has not needed to worry that state lawmakers would closely scrutinize her administration’s work or handling of public funds.

During the legislative session that wrapped up last month, the GOP-controlled House and Senate rejected every attempt to make the governor’s spending decisions more transparent. They declined to hold even one hearing about questionable uses of federal COVID-19 relief funds or practices at state agencies that disadvantaged thousands of Iowans.

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Iowa Republicans opposed bill on pay equity for women

Every U.S. Senate Republican, including Iowa’s Senators Joni Ernst and Chuck Grassley, blocked debate last week on a bill designed “to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.”

Like most Senate actions, a motion to proceed with debate on a bill requires at least 60 votes to pass. The 49 to 50 party-line vote on June 8 was Republicans’ second formal use of a filibuster this year. The first blocked a bill authorizing a bipartisan investigation of the January 6 attack on the Capitol.

The Paycheck Fairness Act “has been on the Democratic wish list since 1997,” Jonathan Weisman reported for the New York Times. When Democrats controlled the U.S. House, they approved similar legislation in 2008, 2009, and 2019.

For nearly 60 years, federal law has banned employers from paying men and women differently for “substantially equal jobs.” But the Equal Pay Act of 1963 has failed to adequately address gender-based wage discrimination. A 2019 study found “Women’s median earnings are lower than men’s in nearly all occupations.”

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Next up: Democracy Defenders of America

Julie Stauch is a longtime Democratic campaign staffer and candidate consultant. Democracy Defenders of America is a nonpartisan, nonprofit organization. -promoted by Laura Belin

The Annenberg Institute timed the publication of their 2020 Civics Knowledge survey to coincide with Constitution Day on September 17. Only 51 percent of respondents could name the three branches of government. It’s appalling news, because knowing that there are three branches of government is like knowing a building has four walls and a roof. It’s all much more than that basic knowledge.

I’ve had more years than I want to admit to working in the governmental, business, and political arenas. No matter where I worked or volunteered, there have always been people who don’t know how our various governments work. Time and again I’ve explained things ranging from how a given state’s city council system operates to why states have different constitutions to “No, ma’am, the Attorney General can’t represent your son in his divorce. The Attorney General represents the state, not individuals.” But it is much worse today.

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Former DHS director files wrongful termination lawsuit

Jerry Foxhoven asserts in a new lawsuit that Governor Kim Reynolds and her senior staff forced him out as Iowa Department of Human Services director “because he refused to engage in illegal activity” and to prevent him from seeking legal advice about possible misuse of federal Medicaid funds.

The petition filed in Polk County District Court on June 9 closely tracks allegations Foxhoven made in a wrongful termination claim soon after he resigned under pressure in 2019. Reynolds, her chief of staff Sara Craig Gongol, and her former senior legal counsel Sam Langholz are named defendants in addition to the state of Iowa.

Foxhoven’s court filing says the events leading to his ouster centered on a dispute over payments from DHS for work done by Reynolds’ deputy chief of staff Paige Thorson. The DHS director agreed in early 2018 to have the agency pay 69 percent of Thorson’s salary and benefits, as she assisted Iowa’s new Medicaid director Mike Randol. Foxhoven signed a similar agreement for the next fiscal year, which ran through June 2019. (Several of the governor’s staffers are mostly paid by other state agencies; the longstanding practice helps Reynolds keep more staff on payroll than her budget appropriation could support.)

Foxhoven says that in February or March 2019, he told Craig Gongol in a telephone conversation “that Randol was now adequately familiar with Iowa’s health care network,” adding that “Thorson was no longer performing duties that furthered the mission of Iowa Medicaid and that he did not believe DHS could legally divert federal Medicaid dollars to pay her salary.”

In the spring of 2019, Republican lawmakers approved an extra $200,000 for the governor’s office, supposedly for health and tax policy analysts. Foxhoven says he “believed that the issue was resolved,” and spoke with Craig Gongol in early June “hoping to confirm that DHS would not continue paying any portion of the Thorson’s salary with Medicaid funds in the next fiscal year.”

However, the governor’s chief of staff indicated that she expected the agency to keep compensating Thorson. Foxhoven “questioned the legality of such an arrangement” and asked Craig Gongol to consult with legal counsel Langholz, but she refused.

According to Foxhoven, he told Craig Gongol “that he intended to ask the assistant attorney generals assigned to DHS for a legal opinion” on June 18, after the expected conclusion of a federal trial they were working on. But he wasn’t able to send that email, because Craig Gongol and Langholz asked for his resignation on June 17. Foxhoven says during that meeting, the governor’s senior staff “demanded the immediate return of all of Foxhoven’s state issued equipment and told him not to return to his office.”

The lawsuit alleges that the defendants terminated Foxhoven:

  • “in order to prevent him from enforcing his statutory right to disclose information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority […]”;
  • “in order to prevent him from disclosing information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority […]”;
  • “because he refused to engage in illegal activity; that is committing Medicaid fraud and misuse of federal monies by continuing to pay Thorson’s salary despite the fact that she was no longer providing any duties relating to Medicaid or otherwise furthering the mission of DHS […]”; and
  • interfered with and prevented him from consulting with the Iowa Attorney General’s office about his agency continuing to pay Thorson’s salary.

Foxhoven told journalists in 2019 he would not have objected to using Medicaid funds to support Thorson’s compensation if legal experts determined the practice was still allowable. But he wanted a letter from the Attorney General’s office. That way, in case state or federal auditors questioned the payments later, “There might be a difference of opinion between the auditor and the AG’s office, but it isn’t a matter of Foxhoven diverting funds.”

State agency directors are at-will employees, who serve at the pleasure of the governor. But one exception to the at-will doctrine is firing someone in violation of public policy–for instance, because they refuse to engage in illegal conduct. Foxhoven’s lawsuit alleges that his “termination violates well established public policy of the State of Iowa as defined by statute, regulation, and judicial decision.”

The court filing notes that Foxhoven has suffered “substantial loss of earnings, insurance benefits, retirement benefits and other employee benefits” as well as “emotional distress and damage to his reputation.” It also argues that he’s entitled to punitive damages against Reynolds, Craig Gongol, and Langholz, because their termination of his employment “was willful and wanton and done in reckless disregard of his rights.”

The governor’s office did not immediately respond to Bleeding Heartland’s request for comment on the lawsuit. The Iowa Attorney General’s Office had no comment. Langholz has worked there since late last year, representing the Reynolds administration in several high-profile cases.

Reynolds said in 2019 that “many factors” influenced her decision to ask for the DHS director’s resignation. (The agency has faced lawsuits and investigations over its management of the State Training School for Boys and the Glenwood Resource Center for the intellectually disabled.) In early 2020, the governor told reporters “she was ‘not happy’ with the response she received” about an increase in deaths at Glenwood.

Reynolds also claimed Foxhoven “never raised concerns with me or my staff about the salary agreements in question, and he never asked my staff for a legal opinion or said he would be reaching out to the Attorney General’s office for one.”

Final note: Records I received while investigating the governor’s office spending indicated that DHS did not end up paying any portion of Thorson’s salary during fiscal year 2020, which began in July 2019. However, DHS did pay 100 percent of the salary and benefits of the governor’s new health policy adviser Liz Matney from July 2019 through mid-March 2020. Thorson and Matney were among 21 permanent staffers in Reynolds’ office who had about 62 percent of their compensation from mid-March through June 2020 covered through federal COVID-19 relief funds.


Appendix: Petition filed in Polk County District Court on June 9

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Revised lawsuit challenges Iowa's newest voter suppression law

Plaintiffs challenging Iowa’s manifold new restrictions on voting amended their complaint on June 9 to incorporate provisions in a law Governor Kim Reynolds signed the previous day.

The League of United Latin American Citizens of Iowa (LULAC) filed suit in Polk County District Court in March, charging that Senate File 413 violated Iowa constitutional provisions on the right to vote, free speech, free assembly, and equal protection. Their revised petition asks the court to invalidate two sections of Senate File 568 as well as thirteen sections of the law enacted earlier this year.

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GOP auditor will manage Scott County elections through 2022

Scott County’s newly-appointed Republican Auditor Kerri Tompkins will serve through 2022 after county Democrats failed to force a special election for the office.

Scott County Democrats leader Elesha Gayman announced on June 8 that activists collected 6,211 signatures during the previous two weeks, about 3,000 short of the threshold for calling a special election to fill a vacancy at the county level. Unusually high turnout in 2020 raised the bar for collecting signatures equaling at least 10 percent of those who cast ballots in the previous presidential election. Adding to the organizing burden, a law Republicans enacted earlier this year shortened the time frame for such petition drives to only fourteen days.

Gayman said Democrats will not “lay down” in light of what she described as “voter suppression.” The next focus for volunteers in Iowa’s third-largest county will be contacting some 10,000 voters whose registrations were recently moved to inactive status, under the same law Governor Kim Reynolds signed in March.

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Iowa's Medicaid enrollment up 17 percent during pandemic

Approximately 702,800 Iowans were enrolled in some version of the Medicaid program last month, up by roughly 100,000 since the COVID-19 pandemic began in March 2020, according to analysis by Charles Gaba at the ACA Signups website.

The biggest increase was in the Iowa Health and Wellness Plan, the state’s version of Medicaid expansion under the Affordable Care Act. Gaba’s analysis indicates that some 225,300 Iowans were participating in that plan as of May 2021, up from about 177,200 people fourteen months earlier.

Enrollment in traditional Medicaid increased by a smaller rate from about 425,000 in March 2020 to some 477,500 last month. The federal government recently released statistics on state level Medicaid enrollments from July 2019 through December 2020. Gaba’s estimates for 2021 are based on monthly reports published by the Iowa Department of Human Services, adjusted to compensate for how closely the state’s numbers tracked with the federal figures for 2020.

Gaba commented on his website,

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Iowa wildflower Wednesday: Green dragon

Marion County Naturalist Marla Mertz presents an unusual plant native to most of the U.S. east of the Rocky Mountains. You can view Marla’s past contributions to Bleeding Heartland’s wildflowers series here. -promoted by Laura Belin

There be dragons out in our Iowa woodlands! Many of us who like to walk the woodland trails and explore are probably familiar with Jack-in-the-pulpits. Jack has a lesser-known cousin. The Green Dragon (Arisaema dracontium) appears to be a tropical, exotic plant with its bloom hidden with surrounding foliage. This fragile plant has been known to be quite rare, but I feel that is changing within our landscape.

The first part of the scientific name comes from the Greek words aris, a kind of arum, and haema, meaning “blood”. Dracontium is from the Latin meaning “of the dragons,” probably because of the deeply divided leaves.  

Green dragon is a native perennial herb and can be found throughout Iowa, except in the northwest. The plants grow in fertile, slightly acidic, and moist soil within shady woodland areas that are protected from livestock.

The photos enclosed below were taken at Cordova Park, on the north side of Lake Red Rock in Marion County along the Karr Trail.

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Whitewashing history

Jim Chrisinger: The bottom line from a new law’s whitewash of history appears to be protecting the feelings of white people, particularly white men. -promoted by Laura Belin

Add Iowa to the growing list of GOP-dominated states trying to prevent an honest historical reckoning on race and sex. While attention has focused on race, sex gets equal billing in House File 802, which Governor Kim Reynolds signed into law on June 8.  

A BAN ON “SCAPEGOATING” AND “STEREOTYPING”

Along with definitions, the law adds three new sections to Iowa code: one for state and local governments, one for public universities, and one for school districts.  

Training in state and local governments and school districts cannot teach or advocate “race or sex scapegoating” or “race or sex stereotyping.”  

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Iowa campaign regulator may discuss pre-checked recurring donations

The Iowa Ethics and Campaign Disclosure Board may discuss whether to regulate campaigns pre-selecting recurring donation options, according to executive director Mike Marshall.

In May, the Federal Election Commission unanimously recommended that Congress ban the practice, which Donald Trump’s campaign used to raise enormous sums in 2020. Many of Trump’s supporters did not realize they were committing to recurring gifts and later asked for refunds or filed fraud complaints.

At least three Iowa Republican office-holders–Governor Kim Reynolds and U.S. Representatives Ashley Hinson and Mariannette Miller-Meeks–adopted the tactic this year. Some of their fundraising pages on the WinRed platform have two boxes pre-selected: one for a recurring monthly donation, and one for an additional contribution on a specific date in the near future.

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Will poll-tested language sway Iowa voters on abortion amendment?

During the closing days of the Iowa legislature’s 2021 session, Republicans accomplished one task that eluded them in 2020: getting a constitutional amendment on abortion halfway toward appearing on a statewide ballot. I expected the House and Senate to approve the measure quickly, emboldened by a larger majority in the lower chamber, where the proposal stalled last year.

Instead, Republicans spent months haggling over how the amendment would be phrased, hoping to make this effort more palatable to Iowans who currently oppose it.

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What Iowa Democrats can learn from 2020 down-ballot candidates

A deep dive into the experiences of down-ballot candidates provides much food for thought for Iowa Democrats hoping to improve on last year’s dismal performance.

The authors of “Playing to Win,” released last month, are three activists with professional backgrounds in marketing. Dave Miglin was a candidate for the board of trustees for Polk County’s public hospital, Broadlawns. Kathryn Kaul-Goodman chairs the Mahaska County Democrats and ran for supervisor in that rural southeast Iowa county. Jean Kaul-Brown helped with both Miglin’s and Kaul-Goodman’s campaign and (along with Miglin) is communications co-chair for the Polk County Democrats.

I recommend downloading the full report. It’s a quick read:

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Governor's complacency on vaccinations endangers Iowans (updated)

COVID-19 vaccinations increased significantly in Ohio after Governor Mike DeWine announced vaccinated residents would be eligible for five $1 million lottery drawings or full-ride scholarships to state universities. In contrast, vaccinations have been plummeting in Iowa lately. Most county health departments have been declining their vaccine allocations. Average daily shots are down 80 percent from their peak in early April.

Eighteen states and Washington, DC are now ahead of Iowa in terms of percentage of the population fully vaccinated, and 22 states plus DC have a higher percentage of residents who have received at least one shot. Less than two weeks ago, Iowa ranked sixteenth in the country on that metric.

Governor Kim Reynolds isn’t worried, though. She told reporters on June 2, “I am really happy with where we’re at” in terms of vaccinations. From Brianne Pfannenstiel’s article for the Des Moines Register,

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