# Abortion



Iowa's 20-week abortion ban will lead to more suffering

Maridith Morris writes: I wanted to share my feelings as a pregnant woman watching my medical options disappear. I find this especially disempowering considering my intimate knowledge of healthcare from ICU to labor and delivery. Here is the full text of my letter to the editor published in the Des Moines Register April 19th.

This spring marks ten years I’ve been a nurse. Of all the lessons I’ve learned in ten years of nursing, perhaps the most important has been that there are many fates worse than death. There is pain and suffering beyond imagining, lives of confinements to hospital beds and views of only windows. There is the hole that is left when you lose someone you love and death refuses to claim you alongside them.

I’m 16 weeks into my fourth pregnancy to make it this far, and I don’t know yet whether my baby is healthy enough that they won’t live a life of pain and suffering. I won’t know until after 20 weeks. What I do know is I would sacrifice my own comfort and peace to spare an innocent life the suffering of a complicated illness or deformity that would lead to surgery after surgery. I know I would rather bear the loss myself than gamble with leaving my three children to live in pain without a mother. Because complicated pregnancies lead to complicated outcomes.

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Branstad nominees held accountable for violating women's constitutional rights

Iowa Senate Democrats held two members of the Iowa Board of Medicine accountable yesterday for hasty action in 2013 to approve an anti-abortion rule that had no scientific basis and was later found unconstitutional by a unanimous Iowa Supreme Court.

Iowa Board of Medicine Chair Diane Clark and fellow board member Dr. Hamed Tewfik became the first (and probably the only) nominees for state boards or commissions to be rejected by the Iowa Senate this year. Republicans are predictably denouncing the vote as “petty partisan politics.” But senators have confirmed without dissent the overwhelming majority of more than 200 people Governor Terry Branstad selected.

Clark and Tewfik have only themselves to blame for losing their prestigious positions.

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Defunding Planned Parenthood will deal another blow to human services budget

The multimillion-dollar cost of excluding Planned Parenthood as a provider in Iowa’s new family planning program will come directly out of the health and human services budget, Iowa Senate Appropriations Committee Chair Charles Schneider has confirmed to Bleeding Heartland. Republican lawmakers and Governor Terry Branstad have committed to creating a fully state-run program because federal rules do not allow states to disqualify Planned Parenthood from the Medicaid Family Planning Waiver. Under that waiver, federal funds have covered 90 percent of the Iowa Family Planning Network’s costs for many years.

In contrast, the state will be on the hook for every dollar spent on the new family planning services program. According to a fiscal note prepared by non-partisan legislative staff, that program is estimated to “increase General Fund expenditures by $2.1 million in FY 2018 and $3.1 million when implemented for a full year in FY 2019.”

The governor proposed using part of Iowa’s federal Social Services Block Grant funding to cover that cost, which is consistent with spending bills House Republicans approved during the 2015 and 2016 legislative sessions.

Instead, “a general fund appropriation in the health and human services budget” will pay for the new family planning program, Schneider said during an interview following the April 8 legislative forum in Waukee. After reviewing the proposal from the governor’s office, he explained, he chose to file “our own [bill] that didn’t take the money from the Social Services Block Grant.”

It’s understandable that Republican appropriators rejected Branstad’s idea. As Bleeding Heartland discussed here, the Social Services Block Grant is not a reliable funding stream. The U.S. House Ways and Means Committee leader has called for eliminating the grant, and House Republicans voted to do so last year.

But Republican plans to give up millions of federal family planning dollars look even more foolish now than they did a few months ago, when one considers Iowa’s worsening state revenue picture and the huge spending cuts already inflicted on human services.

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Republican strategy and divisive bills in the Iowa legislature

Matt Chapman wades into what is sure to be an intense debate over how Democrats should communicate with Iowans about this disastrous legislative session. -promoted by desmoinesdem

It’s no surprise that bills to regulate women’s rights and the gun omnibus were passed in the first week of April, right before the budget and when the end of session is looming.

These are very divisive laws, supported by the majority of the Republican base. The same folks who many of whom were hurt by laws stripping workers of bargaining rights, mandatory wage raises and even watering down workers’ compensation.

It will be interesting to see if this strategy works. My advice to anyone outraged by this session (and I acknowledge that it is too soon to do this now) would be to try to avoid the divisive issues. We have common ground with all workers in Iowa, and if we spend a lot of energy on guns or women’s rights, we will have a hard time trying to get change in our state.

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IA-Gov: Jon Neiderbach's pitch to Democratic voters

“I respectfully ask for the vote of every Iowan who is fed up with politics and government as usual.” So reads the tag line on Jon Neiderbach’s campaign website. Neiderbach was the second Democrat to join a field that may eventually include six or more candidates for governor.

Speaking to a packed room of activists in Des Moines recently, the 2014 nominee for state auditor described himself as a “policy wonk” but also “a community advocate” who has spent most of his political life “on the outside. As an advocate, as an organizer, as somebody who isn’t happy with the status quo.”

The basic principles driving Neiderbach’s candidacy appear on his Facebook page:

In 2018 let’s elect a Governor who believes Iowa needs to Stand Tall for our values and Aim High with our ambitions. A Governor who understands Iowans are FED UP with politics controlled by the wealthy and government that is unresponsive to the needs and concerns of our working families. A Governor who rejects big contributions so as to be beholden only to the voters, and who will fight harder and do more to shake up Iowa politics and government than anyone else you can vote for in 2018. I respectfully ask for your support and for your vote.

Neiderbach elaborated on those themes in an early version of his stump speech, which I enclose below. I also transcribed a short interview, in which Neiderbach shared his approach to finding common ground with some political adversaries, as well as thoughts on lingering divisions within the Iowa Democratic Party between those who favored Hillary Clinton or Bernie Sanders.

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Jake Chapman's procedural adventure

Matt Chapman recounts an interesting detour during the Iowa Senate’s floor debate on March 14. Republican Senator Jake Chapman (no relation) tried to add “personhood” language–which never made it out of committee–to a bill banning abortions after 20 weeks of pregnancy. -promoted by desmoinesdem

CALLING ALL WONKS

An interesting thing happened when Senator Jake Chapman overreached last night. Go to this link below and you can view the whole afternoon/evening session. I will give you time stamps so you can go right to where the events written occur.

Senators were debating Senate File 471, a 20-week abortion ban.

Chapman finishes up his comments (that you really don’t want to hear) about a story from the past. I will never get those minutes back in my life so please don’t waste yours.

He basically was trying to tack his personhood bill to Senate File 471 through amendment 3142.

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Weekend open thread: Post-legislative funnel edition

It was a busy week in Iowa politics, as state lawmakers raced the clock before the first “funnel” deadline on Friday. With few exceptions, non-appropriations bills not yet approved by at least one Iowa House or Senate committee are no longer eligible for consideration during the 2017 legislative session. For roundups of which bills are alive and dead, see James Q. Lynch’s story for the Cedar Rapids Gazette and the Des Moines Register article by William Petroski and Brianne Pfannenstiel. Bleeding Heartland covered the demise of the “personhood” bill here.

Some bills that didn’t clear the funnel may be attached to appropriations bills later. Republican State Senator Brad Zaun hopes to revive a medical cannabis proposal that way, Tony Leys reported for the Des Moines Register.

I enclose below Iowa Senate Minority Leader Rob Hogg’s post-funnel list of the “dirty dozen” bills that Democrats are most focused on blocking during the remainder of the legislative session.

This is an open thread: all topics welcome. I’d especially appreciate tips on newsworthy comments from today’s legislative forums around the state. A Democrat in Muscatine asked State Representative Gary Carlson this morning whether he had any evidence of election fraud and whether he would acknowledge that the Republican voter ID proposal is a voter suppression bill. Carlson told her, “I just want the right people to vote.” Probably more honest than he meant to be. John Deeth explained the latest disenfranchising provisions House Republicans want to attach to Secretary of State Paul Pate’s bill, now named House File 516.

Final note: although it was sunny and unseasonably warm today in Des Moines, only about 100 people showed up for the “Spirit of America” rally by the Capitol building. A much larger crowd came to the Capitol on a very cold Thursday in February to march against President Donald Trump’s “Muslim ban” and immigration executive orders. An estimated 26,000 turned out for the Iowa Women’s March at the same venue on a Saturday morning in January.

UPDATE: Added after the jump side by side photos of the Women’s March and today’s event. SECOND UPDATE: A reader sent me his photo (taken by a drone) of the crowd at the Capitol for the “Day Without Immigrants” rally on Thursday, February 16. Added below.

Zaun was the first speaker to the pro-Trump audience today, and he noted (accurately) that he was the first Iowa Republican elected official to endorse Trump for president. He didn’t mention that he had previously declared himself “110 percent behind” Wisconsin Governor Scott Walker, whose campaign flamed out months before the Iowa caucuses. On caucus night, Trump finished third in the Senate district Zaun represents, behind Senators Marco Rubio and Ted Cruz.

UPDATE: Past and future presidential candidate Martin O’Malley was back in central Iowa on March 4, attending a fundraiser for State Senator Nate Boulton, among other events. O’Malley’s 2016 presidential campaign had a strong organization on the east side of Des Moines, which is part of Boulton’s district. The former governor of Maryland has visited Iowa regularly since the election, including stops in Davenport to support the special election campaigns of Jim Lykam for the Iowa Senate and Monica Kurth for the Iowa House.

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"Personhood" in trouble as Iowa legislative deadline approaches

One of the anti-abortion community’s top legislative priorities, a bill declaring that life begins at conception, appears likely to perish in this week’s “funnel.” Social conservatives introduced companion “personhood” bills in the Iowa House and Senate two weeks ago. Under legislative rules, all non-appropriations bills must pass at least one committee in one chamber by March 3 in order to remain eligible for consideration this year.

However, House File 297 has not even been assigned to a House Human Resources subcommittee, and Senate File 253 appears not to have the votes to get out of the Senate Judiciary Committee.

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Why my conservative values make me vote for Democrats

A guest commentary by a committed activist who served on the Iowa Democratic Party Platform and Rules Committees and currently serves on a county central committee. -promoted by desmoinesdem

I believe in obeying the Constitution. The 14th Amendment says that debts of the USA shall not be questioned. Steve King–and most Republicans–voted to not raise the debt ceiling which would have put the government in default. That vote led to the downgrading of the government’s credit rating. The 14th amendment also guarantees equal protection under the law. But Republicans don’t think the Constitution applies to same sex couples who wish to marry. George W. Bush violated the constitutional rights of Americans by spying on them without a warrant. Democrats objected; Republicans didn’t. President Barack Obama nominated a replacement for the late Justice Scalia. Republicans senators refuse to do their duty and vote to confirm—or not—that nominee.

I don’t believe judges should legislate from the bench, but I do believe they must strike down laws that violate the Constitution. Republicans applauded the U.S. Supreme Court for striking down the Washington D.C. handgun law, but went nuts when the Iowa Supreme Court unanimously struck down the law banning gay marriage. Republicans agreed when activist justices on the U.S. Supreme Court created a new right for corporations to spend unlimited secret money to try to buy our elections with misleading TV ads; Democrats want that decision overturned.

Originalists, who claim that the Constitution must be interpreted as the Founding Fathers meant it, are contradicted by the Founding Fathers themselves.

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Iowa House, Senate GOP leaders not co-sponsoring "personhood" bills

While most Iowa politics junkies were absorbed by lengthy collective bargaining debates in the state House and Senate, Republican lawmakers introduced identical “personhood” bills in both chambers on February 14.

Notably, leaders of the House and Senate are not among the co-sponsors of the bills declaring “that life is valued and protected from the moment of conception, and each life, from that moment, is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.”

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Iowans aren't buying the Republican case against Planned Parenthood funding

Iowa Republican lawmakers have been trying to eliminate state funding for Planned Parenthood’s non-abortion services for years. Since they acquired the power to make their vision a reality, the issue has attracted much more public attention and news coverage. At the statehouse and in media availabilities, Republicans have repeated talking points about “access” and not wanting to “subsidize” abortion providers.

The latest Iowa poll by Selzer & Co for the Des Moines Register indicates they aren’t convincing anyone.

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Oh Oh, She's At It Again

Well, it looks like our own (your own?) Senator Joni Ernst has been spotlighted by Glen Greenwald, Jeremy Scahill and writer Jordan Smith at The Intercept: “Senator Joni Ernst Puts Planned Parenthood–and Access to Birth Control–on the Chopping Block.”

Looks like she’s set to be the face of the ‘defund Planned Parenthood’ contingent. I may be mistaken but I think she’s going to be facing a firestorm over this and Vander Plaats et.al. won’t be able to save her. Between this and Terry Branstad’s local destabilization of Medicaid, I seriously wonder how her rural constituents are going to take this.

Four things I learned about the Iowa Republicans who just voted to defund Planned Parenthood

On Thursday Iowa Senate Republicans approved a bill that would end most state and federal funding for Planned Parenthood’s family planning services. All 29 Republicans and independent Senator David Johnson voted for Senate File 2, while all 20 Democrats voted against the measure. The Senate Judiciary Committee had approved the bill on a party-line vote the previous day.

Passage was a foregone conclusion, since the entire GOP caucus co-sponsored the bill, and statehouse Republicans have been trying to defund Planned Parenthood for years.

Although I already knew Republican lawmakers were willing to force the state to spend ten times more for family planning services, with no reliable funding stream, I still learned some new things watching Senate File 2 move through the upper chamber.

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Iowa Republicans unprepared for backlash on Planned Parenthood funding

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.

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Iowa House Republican: I received Planned Parenthood services, we need to preserve access to health care

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.”

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44 photos from the Iowa Women's March

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.”

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Defunding Planned Parenthood will cost much more than Iowa Republicans let on

Governor Terry Branstad and Republican leaders in the Iowa House and Senate are finally poised to eliminate Planned Parenthood’s state funding, a cherished goal Democrats had repeatedly blocked in recent years.

Branstad said during his Condition of the State address on Tuesday that his budget “redirects family planning money to organizations that focus on providing health care for women and eliminates taxpayer funding for organizations that perform abortions.” House and Senate leaders likewise depict their plan as a simple change to reimburse different health care providers, creating “better options for more women.”

What Iowa Republicans don’t broadcast: they are setting the state up to spend ten times more on family planning services, without a reliable funding stream.

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GOP leaders gloss over divisive priorities on Iowa legislature's opening day

The Iowa House and Senate convened for the 2017 legislative session yesterday. If all goes according to schedule under Republican control of both chambers for the first time since 2004, lawmakers will complete their work by late April or early May.

Listening to the platitudes in opening day speeches by GOP leaders, you’d never guess what some of their top priorities are for this year.

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A year's worth of guest posts, plus tips for guest authors

One of my blogging new year’s resolutions for 2016 was to publish more work by other authors, and I’m grateful to the many talented writers who helped me meet that goal. After the jump I’ve linked to all 140 guest posts published here last year.

I encourage readers to consider writing for this site in 2017. Guest authors can write about any political issue of local, state, or national importance. As you can see from the stories enclosed below, a wide range of topics and perspectives are welcome here.

Pieces can be short or long, funny or sad. You can write in a detached voice or let your emotions show.

Posts can analyze what happened or advocate for what should happen, either in terms of public policy or a political strategy for Democrats. Authors can share first-person accounts of campaign events or more personal reflections about public figures.

Guest authors do not need to e-mail a draft to me or ask permission to pursue a story idea. Just register for an account (using the “sign up” link near the upper right), log in, write a post, edit as needed, and hit “submit for review” when you are ready to publish. The piece will be “pending” until I approve it for publication, to prevent spammers from using the site to sell their wares. You can write under your own name or choose any pseudonym not already claimed by another Bleeding Heartland user. I do not reveal authors’ identity without their permission.

I also want to thank everyone who comments on posts here. If you’ve never participated that way, feel free to register for a user account and share your views. If you used to comment occasionally but have not done so lately, you may need to reset your password. Let me know if you have any problems registering for an account, logging in, or changing a password. My address is near the lower right-hand corner of this page.

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A Political Autopsy: What Went Wrong for Iowa Democrats, and How We Can Come Back Stronger for 2018

Guest author nwfisch knocked hundreds of doors in Dubuque County, which voted for the Republican presidential candidate this year for the first time since 1956. -promoted by desmoinesdem

As a delegate for Hillary Clinton throughout the caucus season, I became more engaged as the general election approached. I knocked on doors weekly encouraging voters to request an absentee ballot or else convince them to vote for Hillary and down ballot Democrats. I often pestered coworkers and friends about the election and the importance of speaking out against Donald Trump.

I have no regrets and don’t feel my time was wasted in standing for a competent candidate and against an unprepared and unqualified candidate. This post will air some grievances I had during my time as a volunteer this cycle, attempt to explain why Iowans flocked to the GOP, and offer some ideas for next steps for Democrats to take.

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Weekend open thread: Preparing for the worst edition

A belated happy Thanksgiving to the Bleeding Heartland community. I didn’t cook this year, but for those who did, here are four ways to make soup from Thanksgiving leftovers; two involve turkey, two are vegetarian. My favorite way to use extra cranberry sauce: mix with a few chopped apples and pour it into a pie crust (I use frozen, but you can make your own crust). Make a simple crumbly topping with a little flour, rolled oats, butter, brown sugar and cinnamon, and sprinkle over the top. Bake and you’ve got an extra pie to share.

If your family is anything like mine, you’ve had a lot of conversations this weekend about the impending national nightmare as Donald Trump prepares to become the world’s most powerful person. Can Supreme Court Justice Ruth Bader Ginsburg hang on as the fifth vote to preserve Roe v Wade for five more years? Could Trump have chosen a worse candidate for attorney general than Jeff Sessions? What about his National Security Adviser Michael Flynn, a hothead with ties to Russian President Vladimir Putin who has compared Islam to a “cancer,” and had technicians break security rules to install an internet connection in his Pentagon office? Then there’s Trump’s pick for secretary of education, Betsy DeVos: she’s never worked in the education field, has long sought to undermine public schools, is a well-known homophobe and hostile to the concept of church/state separation. DeVos has admitted to using her family’s wealth to buy political influence. Mother Jones has taken a couple of deep dives into the DeVos family’s efforts to change American policies and policies: click through to read those pieces by Andy Kroll and Benjy Hansen-Bundy and Andy Kroll.

One of the most disturbing aspects of this election is how the Russian government got away with brazen attempts to get Trump elected. Craig Timberg’s report for the Washington Post is a must-read: independent researchers described how Russia’s “increasingly sophisticated propaganda machinery […] exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment.” Whether Russian subterfuge was decisive can be debated, but we all saw the extensive media coverage of mostly unremarkable e-mails among Clinton campaign staff and strategists. Most of us had fake news pop up on social media feeds. I can’t believe how many journalists and politicians have reacted casually to this development. Eric Chenoweth of the Institute for Democracy in Eastern Europe is nailed it in his editorial for the Washington Post: “Americans continue to look away from this election’s most alarming story: the successful effort by a hostile foreign power to manipulate public opinion before the vote.”

Two people who aren’t looking away are Yale University history Professor Timothy Snyder and Masha Gessen, who reported from Russia for many years under Presidents Boris Yeltsin and Vladimir Putin. I enclose below advice from Snyder on how to adapt to authoritarian government and excerpts from Gessen’s recent commentary, “Autocracy: Rules for Survival.” Like the old Russian saying goes, “Hope for the best, prepare for the worst.”

This is an open thread: all topics welcome.

UPDATE: My husband Kieran Williams, who has studied democracy in other countries, shared his perspective on how “normalization” happens after a “shocking event”: “people in a position to stop it decide to play along, and find ways to convince themselves that they are doing the right thing, for either the greater good or the narrow good of kith and kin.”

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Rob Hogg, Amanda Ragan to lead Iowa Senate Democrats

Iowa Senate Democrats unanimously chose Rob Hogg today to serve as Senate minority leader during the upcoming legislative session. Amanda Ragan will be the new minority whip, and the incoming assistant leaders will be Bill Dotzler, Liz Mathis, Rita Hart, Joe Bolkcom, Matt McCoy, and Herman Quirmbach.

Six Democratic senators lost their re-election bids this month, including Mike Gronstal, who had served as either minority or majority leader of the caucus since 1997. Pam Jochum, who was Senate president for the past four years, will not be on the new leadership team. Ragan, Dotzler, and McCoy were among last year’s assistant majority leaders, while Bolkcom served as majority whip.

Erin Murphy reported for the Quad-City Times,

Hogg said Senate Democrats will speak on behalf of Iowans “who need state government to work” and attempt to prevent Republicans from implementing policies that could damage the state’s economy or adversely affect its residents.

“I’m hopeful we can stop Republicans from going down a knee-jerk, partisan pathway,” Hogg said.

I see no realistic chance to stop Republicans from using their large majorities in both chambers to head down that partisan pathway. Among their likely top priorities: cutting taxes so that most of the benefits go to corporations and higher-income individuals, gutting Iowa’s 42-year-old collective bargaining law, restricting abortion rights, ending state funds for Planned Parenthood’s non-abortion services, adopting the gun lobby’s wish list (“stand your ground,” “constitutional carry,” and/or open carry), and making it harder for Iowans to vote. Republicans will almost certainly need to reduce funding for education and a variety of social net programs, such as Medicaid and child care assistance, to pay for those tax cuts.

All Democrats can accomplish these next two years is to warn ahead of time how such policies will hurt the majority of Iowans, and to “document the atrocities” after Governor Terry Branstad signs the various harmful bills into law.

I enclose below a news release with more comments from Hogg. O.Kay Henderson’s profile of Gronstal for Radio Iowa is worth reading.

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After campaigning on lies, Iowa Senate Republicans still won't lay out agenda

All but one of the 29 Republicans who will serve in the Iowa Senate for the next two years elected their leaders on Friday, changing little from the group that led the minority caucus during the last legislative session.

Bill Dix moves from Senate minority leader to majority leader.

Jack Whitver moves from minority whip to Senate president.

Jerry Behn, who preceded Dix as minority leader but hasn’t been in leadership since 2012, will become Senate president pro tem. He’s the longest-serving current Republican senator.

My own state senator, Charles Schneider, moves from an assistant minority leader position to majority whip.

Dan Zumbach and Randy Feenstra will be assistant majority leaders, having been assistant minority leaders during the last legislative session. The other two assistant majority leaders are new to leadership: Michael Breitbach and Amy Sinclair, the only woman in the 29-member incoming GOP caucus.

After the caucus meeting, Dix spoke only in general terms about the new majority’s plans.

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A look at the campaign to retain Iowa's Supreme Court justices

The last three Iowa Supreme Court justices involved in the landmark 2009 marriage equality ruling are on the ballot this year: Chief Justice Mark Cady (author of the Varnum v Brien decision) and Justices Brent Appel and Daryl Hecht. However, this year’s Iowa judicial retention elections aren’t getting much attention, largely because social conservative groups decided not to engage heavily in the fight.

By this point in 2010, television commercials calling for a “no” vote on three Iowa Supreme Court justices had been on the air for six weeks. Bob Vander Plaats and allies were holding “Judge Bus” events across Iowa. In a radio ad, Representative Steve King urged listeners to “vote ‘no’ on Judges [Marsha] Ternus, [Michael] Streit and [David] Baker” to “send a message against judicial arrogance.” For about a month before the 2012 general election, conservative groups paid for tv ads asking Iowans to “hold [Justice] David Wiggins accountable for redefining marriage and legislating from the bench.”

In contrast, Vander Plaats and like-minded Iowans have made a lower-key case against Cady, Appel, and Hecht, largely relying on e-mail, social media postings, and letters to the editor. They probably realized a full-court press was unlikely to succeed in a presidential election year. Nor did they have a way to fund a more extensive anti-retention campaign, with the biggest donor from 2010 and 2012 staying on the sidelines this year.

Supporters of retaining the Supreme Court justices are taking no chances, though. Two groups are leading the fight to persuade and remind voters to mark “yes” for all Iowa judges, especially Cady, Appel, and Hecht. I enclose below a sampling of messages from the Justice Not Politics coalition and the Iowa State Bar Association.

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How Roe v. Wade came to be and why it won't be overturned

Guest author Bill from White Plains takes a close look at a U.S. Supreme Court case that is a perennial issue in presidential campaigns. You can read earlier posts in his series on the Supreme Court here. -promoted by desmoinesdem

“Abortion? I personally don’t think abortion is that important. I think it’s just an issue to evade whatever issues are makin’ people drink about abortion.” Bob Dylan, 2016 winner of the Nobel Prize for Literature, speaking to Rolling Stone in 1986

You wouldn’t know it if you listened to the second and final 2016 Presidential debates, abortion isn’t even in the top 10 of the most important Presidential election issues this year. According to the Pew Research Center’s survey results from the week, June 15-26, 2016, abortion comes in at #13 of the 14 most important issues, trailing, among others, gun policy (#5), immigration (#6), Social Security (#7), trade policy (#11) and the environment (#12). Likewise, what one might expect as a hot-button issue – marriage equality – is last on the list (#14), meaning (according to Pew, anyhow) that only 40% of potential voters believe this is a “very important” issue.

Of course, in that same poll, Supreme Court Justices come in at #9, meaning that 65% of those surveyed believe appointments to the most influential court in America, and elsewhere, are “very important.”

But the issue was brought to the forefront at the debates, anyhow.

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"The judge who always likes the results he reaches is a bad, bad judge"

United States Supreme Court Justice Antonin Scalia during a January 28, 2013 book promotion at Southern Methodist University

Thanks to Bill from White Plains for another close look at the U.S. Supreme Court. His first post in this series is here. -promoted by desmoinesdem

At the end of the second Presidential debate, held on October 9, 2016 in St. Louis, Missouri, and at the outset of the third (and final) Presidential debate, held October 19, 2016 in Las Vegas, Nevada, both candidates – New York Republican Businessman Donald John Trump and former Democratic New York senator – and former United States Secretary of State – Hillary Clinton provided their “litmus tests” for their nominees to the United States Supreme Court.

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Trump found yet another way to take American politics to a dark place

Donald Trump proved in his final debate against Hillary Clinton that he hasn’t run out of ways to demonstrate he is unfit to serve as president.

About an hour in, Chris Wallace asked the Republican nominee a simple question: will he accept the result of this election? Trump said, “I will look at it at the time,” then rattled off a bunch of bogus talking points. To his credit, Wallace pressed Trump on whether he would honor the tradition of a “peaceful transition of power,” with the loser conceding to the winner. “Are you saying you’re not prepared now to commit to that principle?”

Trump responded, “What I’m saying is that I will tell you at the time. I’ll keep you in suspense.”

Normal candidates may make gaffes. Unorthodox candidates may say things that are shunned in polite company. But before Trump, even the most offensive candidate didn’t refuse to accept the will of the voters. Associated Press reporters Julie Pace and Lisa Lerer conveyed the enormity of Trump’s break with tradition in the lede to their debate wrap-up: “Threatening to upend a fundamental pillar of American democracy […].”

Every GOP candidate and office-holder must repudiate Trump and affirm that they will respect the outcome on November 8. Iowa Secretary of State Paul Pate spoke out on Monday, describing Trump’s warnings about “large scale voter fraud” as “not helpful” and “misinformation.” Governor Terry Branstad tried to have it both ways, expressing “confidence” in the election system but claiming Trump has been a victim of media bias, and that Iowa county auditors won’t be able to prevent all attempts at voter fraud.

That’s not good enough. By suggesting the result might be illegitimate, Trump could provoke political violence that is unprecedented following a U.S. election in our lifetimes.

Any comments about the third debate are welcome in this thread. For those who missed it, the full video is here, a full transcript is here, and the Los Angeles Times published transcripts of some noteworthy exchanges. Links to a few good fact checks: NPR, New York Times, ABC, Factcheck.org, and Politifact. I enclose below the clip with Trump’s rigged election claims and Clinton’s response to his “horrifying” remarks.

A few other moments stuck out in my mind:

• Clinton’s strong defense of a reproductive rights: “I will defend Roe v. Wade and I will defend women’s rights to make their own healthcare decisions.” Members of CNN’s focus group liked Clinton’s answer to that question better than any other from the Democrat.

• The exchange over immigration policy, in which Trump referred to some “bad hombres” while Clinton pointed out, “We have undocumented immigrants in America who are paying more federal income tax than a billionaire.”

• Clinton saying Russian President Vladimir Putin would “rather have a puppet as the president of the United States” and telling Trump, “You are willing to spout the Putin line, sign up for his wish list, break up NATO, do whatever he wants to do.”

• Trump interrupting with “Such a nasty woman” while Clinton answered a question about Social Security and Medicare. Mental health experts say narcissists “project onto others qualities, traits, and behaviors they can’t—or won’t—accept in themselves.”

Wallace was a much better moderator than I anticipated from a Fox News personality, despite a few missteps.

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Takeaways from the Tim Kaine/Mike Pence VP debate

The latest revelations about Iowa State University President Steven Leath’s use of university aircraft took up more of my brain space on Tuesday than the only debate between vice presidential nominees Tim Kaine and Mike Pence. Most voters make up their minds on the presidential candidates, not the running mates, and the debate wasn’t exactly gripping television. My mind wandered so much that I didn’t even notice when Pence made up a Russian proverb. (Later, I dragged out my Russian-English dictionary of idioms and can now confirm there is no traditional saying along the lines of “the Russian bear never dies, it just hibernates.”)

This thread is for any thoughts about the Kaine/Pence skirmish. Like many commentators, I felt that Pence performed better as a debater. He appeared calm, while Kaine was over-excited and too eager to interrupt with scripted talking points. However, Kaine struck me as more effective, because:

• He stopped Pence from getting into a groove that could be used for Trump campaign clips.

• He kept bringing up statements or actions by Donald Trump that Pence denied or was reluctant to defend. Meanwhile, the Republican absurdly claimed Hillary Clinton is running the “insult-driven campaign.”

• He cited Trump’s offensive comments about Mexicans and an Indiana-born federal judge so many times that Pence eventually complained in a memorable exchange, “Senator, you whipped out that Mexican thing again.”

• He repeatedly brought up Trump’s ties to Russia, while Pence took the surreal position of blaming President Barack Obama and Clinton for supposedly encouraging Russian aggression. (Earth to Pence: which presidential candidate has floated the idea of recognizing the annexation of Crimea and not defending our NATO allies?)

• He delivered a strong statement of personal Catholic faith while articulating the pro-choice position exceptionally well. I only wish moderator Elaine Quijano had asked Pence about the Indiana woman jailed for having a miscarriage, or the state law he signed requiring burial or cremation for all aborted, miscarried, or stillborn fetuses.

CNN’s instant poll showed that by a 48 percent to 42 percent margin, viewers thought Pence won the debate. But it’s not a plus for the Republican ticket when the takeaways are all about Pence running away from Trump, throwing him under the bus, or hanging him out to dry. CNBC’s John Harwood cited an unnamed Trump adviser as saying, “Pence won overall, but lost with Trump,” who “can’t stand to be upstaged.”

Adrian Carrasquillo posted a good summary of the vice presidential candidates’ back-and-forth on immigration during the debate.

Critics on the right and the left didn’t find much to admire in Quijano’s moderating skills.

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Iowa Supreme Court Justice Mansfield on Trump's expanded list for SCOTUS

Iowa Supreme Court Justice Edward Mansfield is among ten new names on Republican presidential nominee Donald Trump’s list of possible U.S. Supreme Court appointees, multiple journalists reported today.

Former Governor Chet Culver appointed Mansfield to the Iowa Court of Appeals in 2009. He was a workhorse on that bench, writing some 200 opinions in less than two years. Since Governor Terry Branstad named him to the Iowa Supreme Court in February 2011, Mansfield has been one of the court’s most prolific opinion writers. He is part of a conservative bloc of justices including the other two Branstad most recently appointed.

Mansfield’s judicial philosophy would appeal to many conservatives. He rarely joins what might be called “activist” decisions to overturn state law, administrative rule, or executive body determinations. In this year’s biggest case, Mansfield was part of a 4-3 majority upholding Iowa’s broad ban on voting by people with felony convictions. He has not joined various majority opinions related to juvenile sentencing, including one this year that held “juvenile offenders may not be sentenced to life without the possibility of parole” under Iowa’s Constitution. He dissented from a 2014 ruling that allowed a lawsuit against top Branstad administration officials to proceed.

Social conservatives might be encouraged by the fact that three years ago, Mansfield hinted in a one-paragraph concurrence that he does not agree with the legal reasoning underpinning the Iowa Supreme Court’s 2009 Varnum v Brien decision on marriage equality. However, he has never clarified whether he would have upheld Iowa’s Defense of Marriage Act or struck it down on different grounds.

The biggest red flag about Mansfield from a conservative perspective would probably be his decision to join last year’s unanimous ruling to strike down Iowa’s ban on telemedicine for abortion services. When the State Judicial Nominating Commission put Mansfield on the short list for the Iowa Supreme Court in early 2011, some conservatives grumbled that the judge’s wife was an active supporter of Planned Parenthood. Though the telemed abortion decision was grounded in the law and medical facts, critics may view Mansfield as untrustworthy on one of their key priorities for the U.S. Supreme Court: overturning Roe v Wade. I am not aware of Mansfield expressing any public opinion on that landmark 1973 abortion rights ruling.

One other Iowan is on Trump’s long list for the Supreme Court. Judge Steven Colloton of Des Moines, who serves on the Eighth Circuit U.S. Court of Appeals, was one of eleven names the Trump campaign released soon after locking up the GOP nomination. I enclose below more background on Colloton.

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Group polled Iowans on Supreme Court retention vote (updated)

Leaders of the campaigns to oust Iowa Supreme Court justices in 2010 and 2012 have chosen not to engage in this year’s retention elections, which will decide whether the last three justices who participated in Iowa’s marriage equality ruling will stay on the bench.

However, the coalition formed to stop “extremists from hijacking Iowa’s courts” is taking no chances. Justice Not Politics commissioned a statewide poll last week to gauge voters’ attitudes toward Chief Justice Mark Cady and Justices Brent Appel and Daryl Hecht, as well as some issues related to controversial Iowa Supreme Court rulings.

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Thoughts on Gary Johnson's Des Moines rally and Iowa prospects

Libertarian presidential candidate and former New Mexico Governor Gary Johnson made his first Iowa campaign stop this year over the holiday weekend. His September 3 rally in Des Moines attracted hundreds of people, making it possibly the largest Libertarian event in Iowa history. You can watch his full speech at C-SPAN or Caffeinated Thoughts.

Johnson will qualify for the ballot in all 50 states and is consistently polling far better than the Green Party’s Jill Stein, the only other minor-party candidate routinely included in public opinion surveys. I continue to hear the Libertarian’s radio ads on various Des Moines-based stations and have seen pro-Johnson television commercials by the Purple PAC on some cable networks.

The four most recent Iowa polls measured Johnson’s support at 8 percent (Emerson College), 12 percent (Quinnipiac), 6 percent (Suffolk), and 12 percent (Marist). Polls have historically overstated support for third-party candidates. Nevertheless, if the competition between Hillary Clinton and Donald Trump remains very close here, even a 2-3 percent showing for Johnson could determine who wins Iowa’s six electoral votes.

Though I wasn’t able to attend Saturday’s rally, listening to Johnson’s stump speech reinforced my view that he is on track to outperform all previous Libertarian presidential candidates in Iowa by a considerable margin.

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A close look at Republican message-testing in key Iowa House races

Republicans are testing potentially damaging messages about Iowa House Democratic candidates, along with statements that might increase support for GOP candidates in battleground legislative districts. After listening to several recordings of these telephone polls and hearing accounts from other respondents, I have three big takeaways:

• Republicans are seeking ways to insulate themselves from voter anger over inadequate education funding and the Branstad administration’s botched Medicaid privatization;
• The time-honored GOP strategy of distorting obscure legislative votes is alive and well;
• The Iowa Democratic Party’s platform plank on legalizing all drugs may be used against candidates across the state.

Read on for much more about these surveys.

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Smooth sailing for Iowa Supreme Court justices up for retention in 2016

Three of the seven Iowa Supreme Court justices who concurred in the historic Varnum v Brien ruling on marriage equality lost their jobs in the 2010 judicial retention elections. A fourth survived a similar campaign against retaining him in 2012.

The last three Varnum justices, including the author of the unanimous opinion striking down our state’s Defense of Marriage Act, will appear on Iowa ballots this November. At this writing, no one seems to be organizing any effort to vote them off the bench. Iowa’s anti-retention campaigns in 2010 and 2012 were well under way by the end of August, but the social conservatives who spearheaded those efforts have shown no interest in repeating the experience.

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Breaking Iowa Democratic hearts, Hillary Clinton picks Tim Kaine for VP

Hillary Clinton’s campaign announced a few minutes ago that U.S. Senator Tim Kaine, a former mayor of Richmond and governor of Virginia, willge the Democratic candidate for vice president. Kaine’s been the front-runner for the job all along, by virtue of his extensive political experience, stature in a swing state, good ties with the business community, and fluency in Spanish.

I suspect that the Bernie Sanders endorsement last week, combined with the mostly disastrous Republican National Convention, gave Clinton confidence to make a “safe” choice, rather than someone who would excite our party’s base, like Senator Elizabeth Warren or even Senator Cory Booker. Too bad Ohio has a Republican governor, otherwise Senator Sherrod Brown would have been an ideal running mate. Some pundits are calling Kaine a “governing pick,” someone Clinton feels comfortable working with for the next four or eight years, as opposed to the person who can do the most to boost her campaign over the next four months.

Of all the people Clinton was considering, Kaine arouses the most antipathy from the Sanders wing for various reasons. His vocal support for the Trans-Pacific Partnership trade agreement is just one of the problems. Kaine’s defenders point to his perfect voting record in the Senate on reproductive rights and LGBT equality, his near-perfect record on labor issues, his background as a civil rights attorney, and numerous accomplishments as governor. He is not outside the Democratic Party’s mainstream. On the other hand, the Progressive Punch database ranks Kaine the 40th most progressive among the 46 current senators who caucus with Democrats.

U.S. Secretary of Agriculture and former Iowa Governor Tom Vilsack was repeatedly named in news reports and commentaries about Clinton’s short list. He’s got an inspiring personal story and developed a tremendous grasp of public policy over his long career in local, state and federal government. By all accounts, he and Clinton get along very well, having been acquainted since Clinton became friends with Christie Vilsack’s brother Tom Bell during the 1970s. Like Kaine, he has a reputation for making few mistakes. I regret that Clinton didn’t choose Vilsack, though I would have been equally happy with Labor Secretary Tom Perez.

No one is more disappointed tonight than the Iowa Democrats who know Vilsack best. Sometimes in politics, you hear how so-and-so big shot elected official was a nightmare to work for. You never hear those stories about Vilsack. On the contrary, the former Vilsack staffers I know rave about how knowledgeable, thorough, caring, engaging, and funny he was.

Then First Lady Clinton came through for Vilsack at a critical time during his underdog 1998 gubernatorial campaign. I have no doubt she will tap him for an important job if she is elected president. Iowans will see plenty of Vilsack on the trail this fall as a supporter of Clinton and down-ticket candidates.

Any thoughts about Kaine or the presidential race generally are welcome in this thread.

UPDATE: Added below some comments from Iowa Democrats to the Des Moines Register’s Jason Noble and Brianne Pfannenstiel.

SECOND UPDATE: Embedded below the video from the first joint campaign appearance by Clinton and Kaine, in Miami on July 23. His stump speech is worth watching in full; it was remarkably well constructed and delivered. I see more clearly now what this “happy warrior” could bring to the ticket. He wove together personal details, policy accomplishments, and a clear contrast between Clinton’s vision for the country and Donald Trump’s. I didn’t know much about Kaine’s legal work to combat housing discrimination, or that he and his wife sent their kids to public schools. If he does as well at the DNC on Wednesday night, Republicans should be worried.

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Iowa reaction to landmark U.S. Supreme Court ruling on abortion

In what has been called the most important abortion rights case for many years, the U.S. Supreme Court today struck down a 2013 Texas law that had forced more than 20 abortion clinics to close. Writing for the 5-3 majority in Whole Woman’s Health v. Hellerstedt, Justice Stephen Breyer determined, “Both the admitting-privileges and the surgical-center requirements place a substantial obstacle in the path of women seeking a previability abortion, constitute an undue burden on abortion access, and thus violate the Constitution.”

Justices Anthony Kennedy, Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg joined Breyer’s opinion. A succinct concurrence by Ginsburg noted, “Many medical procedures, including childbirth, are far more dangerous to patients, yet are not subject to ambulatory-surgical-center or hospital admitting-privileges requirements. […] Given those realities, it is beyond rational belief that [Texas law] H.B. 2 could genuinely protect the health of women, and certain that the law “would simply make it more difficult for them to obtain abortions.”

As Alexa Ura explained at Texas Tribune, today’s decision will not automatically reopen the shuttered Texas clinics. But it could lead to similar laws being struck down in 23 other states, shown on maps in this post by Sarah Kliff and Sarah Frostenson.

Iowa law does not place such restrictions on abortion providers, nor have they been the focus of recent legislative efforts by anti-abortion state lawmakers. But today’s U.S. Supreme Court decision reminded me of the unanimous Iowa Supreme Court ruling from June 2015, which used the same reasoning to reject a state ban on the use of telemedicine for abortion. Just as Iowa Supreme Court justices found no evidence suggesting that women’s health or safety would benefit from being in the same room as a doctor when taking a medication, Breyer’s opinion found nothing in the record supported the claim that the Texas regulations advanced the state’s “legitimate interest in protecting women’s health”; on the contrary, “neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes.”

I sought comment today from Governor Terry Branstad and all members of Iowa’s Congressional delegation, as well as the challengers who had not already released statements on the ruling. I will continue to update this post as needed.

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Will 2016 be a record-setting year for Libertarians in Iowa?

The two most recent national polls of the presidential race showed unusually high levels of support for Libertarian candidate Gary Johnson. In the NBC/Wall Street Journal survey conducted between June 19 and 23, presumptive Democratic nominee Hillary Clinton was backed by 39 percent of respondents, to 38 percent for presumptive Republican nominee Donald Trump, 10 percent for Johnson and 6 percent for Green Party candidate Jill Stein. An ABC/Washington Post poll in the field between June 20 and 23 found 47 percent of respondents for Clinton, 37 percent for Trump, 7 percent for Johnson, and 3 percent for Stein.

Even taking into account the reality that support for third-party candidates “usually diminishes over the course of the [U.S. presidential] campaign,” and third-party candidates have often received less than half as much support on election day as they did in nationwide surveys from June, Johnson has potential to shatter previous records for Libertarians. A former Republican governor of New Mexico, Johnson received 1,275,821 popular votes as the Libertarian presidential nominee in 2012, just under 1 percent of the nationwide vote. The best showing for a Libertarian ticket in terms of vote share was 1.06 percent (921,128 votes) in 1980 for Ed Clark and his running mate David Koch, better known as one half of the Koch brothers.

I haven’t seen any Iowa polls yet that gave respondents the option of choosing Stein or Johnson as alternatives to Clinton and Trump, but now seems like a good time to examine Libertarian presidential performance in Iowa over the last four decades and Johnson’s chances to improve on his 2012 results.

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A plea to Iowa supporters of Bernie Sanders

Although I caucused for Hillary Clinton this year, in most presidential elections I have ended up where Bernie Sanders supporters are now: disappointed and convinced that the candidate I preferred would have been a better president as well as better positioned to beat the Republican nominee.

In a speech to his supporters last Thursday, Sanders did not explicitly concede the Democratic nomination. He vowed to do his part to “make certain that Donald Trump is defeated and defeated badly” while leading “our grassroots efforts to create the America that we know we can become.”

Whether you accept the “inevitable” or still believe Sanders can become the Democratic nominee for president, whether you are willing to “hold your nose” and vote for Hillary or are firmly #BernieOrBust, I have one request for the Iowans who backed Sanders throughout this past year.

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IA-Sen: EMILY's List backing Patty Judge despite imperfect pro-choice record

Former Lieutenant Governor Patty Judge got a boost this morning, with a poll showing her only seven points behind U.S. Senator Chuck Grassley. Yesterday her campaign received good news on the fundraising front: an endorsement from EMILY’s List, a political action committee focused on electing pro-choice Democratic women. Since endorsing Monica Vernon last year in Iowa’s first Congressional district, EMILY’s List has helped raise more than $60,000 for Vernon’s campaign. In addition, Women Vote!, a super-PAC affiliated with EMILY’s List, spent $149,000 on advertising promoting Vernon before the Democratic primary.

Though Judge is pro-choice, I didn’t see any mention of her reproductive rights record in the EMILY’s List press release announcing yesterday’s endorsement (enclosed below) or on the page promoting Judge on the PAC’s website. Instead, the group described other aspects of Judge’s political career, touting her as “a champion for Iowa women and working families” in a “high-stakes race against an out-of-touch GOP incumbent.”

The omission made me wonder whether Judge was a consistent pro-choice vote in the Iowa Senate.

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Iowa House district 41: Jo Oldson's and Eddie Mauro's pitches to voters

UPDATE: Oldson won this race by a 67 percent to 33 percent margin.

One of the most closely-watched state legislative results tonight will be the contest between seven-term State Representative Jo Oldson and Democratic challenger Eddie Mauro in Iowa House district 41. The district covering parts of the west and south sides of Des Moines contains more than twice as many Democrats as Republicans, so the winner of today’s primary will almost certainly be elected in November, even if the GOP nominates a candidate late here. (No one filed in time to run in the GOP primary.)

Both campaigns have been working the phones and knocking on doors for months. Iowa’s two largest labor unions, AFSCME and the Iowa Federation of Labor, as well as the National Abortion Rights Action League have been doing GOTV for Oldson, as have a number of her fellow Iowa House Democrats. As of May 24, the early voting numbers in House district 41 were higher than for any other state House race.

Bleeding Heartland posted background on Oldson and Mauro here. I’ve encouraged my friends in the district to stick with Oldson. She has been a reliable progressive vote on major legislation, and she was among only thirteen House Democrats to vote against the costly and ineffective 2013 commercial property tax cut. I have no problem with an entrenched incumbent facing a primary challenge. No one is entitled to hold a legislative seat for life. But even if women were not already underrepresented in the Iowa House–which they are and will continue to be–I would need a better reason to replace a capable incumbent than the reasons Mauro has offered in his literature and in an interview with me last month. Excerpts from that interview are below, along with examples of campaign literature Democrats in House district 41 have been receiving in the mailbox and at the doorstep.

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