# Abortion



Dowling Catholic High School considering request for gay-straight alliance

Administrators at Dowling Catholic High School in West Des Moines are considering students’ request to form “a non-religious LGBT support club.” The school made national news recently for withdrawing a contract offered to a teacher after administrators learned he was openly gay. After at least 150 students walked out of class to protest the hiring decision, a junior at the school who is gay started a petition seeking to form a club where all students “can feel supported and loved.” Initially school officials said they would discuss the request, and at this writing, they have not announced a decision. Gay-straight alliances exist in scores of Iowa public high schools, but to my knowledge, the only Catholic school in the state with such a club is Regina High School in Iowa City.

After the jump I’ve posted excerpts from Liam Jameson’s petition at Change.org and the full text of an e-mail Dowling Catholic President Jerry Deegan sent to parents on April 16. Any relevant comments are welcome in this thread.

On a related note, although I could not be more strongly pro-choice, I believe students at Hampton-Dumont High School in Franklin County, Iowa should be allowed to form a “Students for Life” club, as long as staff don’t promote the club and students are not required to attend.

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IA-01: EMILY's List backing Monica Vernon

A leading political action committee for pro-choice Democratic women has endorsed Monica Vernon in Iowa’s first Congressional district. EMILY’s List announced their support today in a statement I’ve posted after the jump. The PAC didn’t endorse any of the three women who sought the IA-01 nomination in 2014, but donated $10,000 and bundled another $233,283 to Staci Appel’s campaign in IA-03.

Vernon finished second in the 2014 primary and is the front-runner for the Democratic nomination this cycle. However, she may not be the only pro-choice woman in this race. Former State Senator Swati Dandekar, who finished third in last year’s primary, is considering another Congressional bid.

Please share any comments about the IA-01 campaign in this thread.

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Mid-week open thread: Pregnancy discrimination edition

All topics are welcome in this open thread. What news stories captured your attention lately?

Although Congress acted during the 1970s to ban employers from discriminating against pregnant women, both attorneys and women have told me over the years that pregnancy discrimination remains common in the workplace. The U.S. Supreme Court weighed in today in the case of Young v. United Parcel Service. I enclose below some links about this important ruling.

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Heather Matson challenging Kevin Koester in Iowa House district 38

Heather Matson announced today that she will run for Iowa House district 38 in 2016. To my knowledge, she is the first Democratic challenger to declare against an Iowa House incumbent.

The district should be competitive, and Matson and four-term State Representative Kevin Koester each bring strengths to the campaign. After the jump I’ve enclosed a district map, recent election results and voter registration data, and background on both candidates.

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Four reasons the Iowa caucuses will be a rude awakening for Ted Cruz

U.S. Senator Ted Cruz of Texas officially launched his presidential campaign this morning. Click here to watch his speech at Jerry Falwell’s Liberty University or here to read the transcript.

As an outsider candidate, Cruz will need a strong showing in the Iowa caucuses to have any hope of becoming the last man standing against the establishment favorite for the GOP nomination. I don’t see that happening.  

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Steve King doesn't understand American Jews. The feeling is mutual

Representative Steve King is making national news again, but in a new twist, for offensive comments about Jews rather than Latinos.

Speaking to Boston Herald radio on Friday, King said, “I don’t understand how Jews in America can be Democrats first and Jewish second and support Israel along the line of just following their president.” Over the weekend, apparently unaware that he had just validated a classic anti-Semitic trope about divided Jewish loyalties, King claimed that he was defending Israelis.

As my grandmother might have said, what King doesn’t know about Jews could fill a book. But after reflecting on the matter, I realized that King’s worldview is just as inexplicable to a typical American Jewish Democrat as mine is to him.

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Des Moines Register spins for Jeb Bush ahead of Iowa Ag Summit (updated)

Ten potential Republican presidential candidates will speak at Bruce Rastetter’s Iowa Agriculture Summit today, and a few more may send videotaped remarks. But only one GOP contender was the focus of a long and flattering feature by the Des Moines Register’s chief political correspondent the day before the event.

When Jeb Bush hired longtime Iowa GOP consultant David Kochel, I figured friendly coverage in the Register would be coming to the former Florida governor. During last year’s U.S. Senate campaign, just about every line Joni Ernst’s backers wanted out there ended up in some Des Moines Register piece by Jennifer Jacobs. Still, Jacobs’ spread on Bush in Friday’s Des Moines Register shocked me. The message could hardly have been more perfectly tailored for Iowa Republicans if Bush’s spin doctors had written it themselves.

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The Iowa Board of Medicine's grotesque double-standard on protecting women

The Iowa Board of Medicine released a remarkable file on Thursday detailing its settlement agreement with Dr. Fredric Sager, an obstetrician/gynecologist based in Clive. You can read the full document here (pdf). After the jump I’ve enclosed the first five pages, which cover the charges of “unethical or unprofessional conduct” and “disruptive behavior,” as well as the main terms of the settlement. Reading what Sager did with some of his patients, including staying with them at his vacation home in Florida, it’s mind-boggling that his license to practice medicine was not revoked or at least suspended. Instead, he will pay a fine of $7,500 (a token amount for a well-compensated doctor in Iowa), undergo some counseling on “professional boundaries,” transfer certain patients out of his care, and be forced to have a “female healthcare professional chaperone” present when treating female patients in the future.

Multiple acquaintances who work with vulnerable populations in Polk County have told me that Sager treated many patients without a strong support system, such as pregnant teens, homeless youth, and young single women. In fact, one person had heard a teen in Sager’s care talk about possibly going to Florida with him, but brushed it off as delusional thinking. It makes me sick that the Iowa Board of Medicine is allowing him to continue to practice medicine as an OB/GYN–even with a chaperone–after establishing his pattern of predatory and inappropriate behavior with patients.  

In contrast, the state Board of Medicine rushed through without adequate public input a rule banning the use of “telemedicine” for medical abortions at Planned Parenthood clinics around Iowa. Board members moved to ban that procedure despite studies demonstrating the safety of telemedicine abortions. Advocates were not able to cite any evidence of adverse outcomes among more than 5,000 Iowa women who had used the teleconferencing system to receive abortifacients. Planned Parenthood’s lawsuit challenging the state rule is pending before the Iowa Supreme Court.

Governor Terry Branstad appointed all ten current members of the Iowa Board of Medicine. Six are physicians, and four are members of the public.  

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Iowans haven't heard the last from Brenna (Findley) Bird

Governor Terry Branstad’s office announced on Thursday that Brenna Bird (whose maiden name was Findley) is stepping down as the governor’s legal counsel “to pursue opportunities in the private sector.” Her LinkedIn profile hasn’t been updated yet, so it’s not clear whether Bird is returning to the Des Moines-based Whitaker Hagenow law firm. She joined that firm in 2010 after leaving Representative Steve King’s staff, but did not practice much law, since she was running for Iowa attorney general full-time.

Branstad named Bird as his legal counsel shortly after the 2010 election. She appears to have influenced several of the governor’s policy choices. At one time, Branstad had supported a mandate to purchase health insurance, but soon after being inaugurated in 2011, he joined a lawsuit to overturn the federal health care reform law (a key issue in Bird’s unsuccessful attorney general campaign). Branstad’s legal counsel also appears to have helped convince Branstad to change his position on banning lead shot for hunting mourning doves in Iowa. When the state legislature refused to overturn a rule mandating non-toxic ammunition, Bird worked several angles to overturn a rule adopted by the state Natural Resource Commission.

Bird’s work as legal counsel has also gotten the Branstad administration involved in some major litigation. In 2011, she participated in efforts to pressure Iowa’s Workers Compensation Commissioner to resign before the end of his fixed term. As a result, she and the governor, along with other former staffers, are co-defendants in a lawsuit filed by the former workers’ compensation commissioner.

In 2013, Bird was a key contact for Iowans seeking to ban the use of telemedicine for providing medical abortions in Planned Parenthood clinics. As the Iowa Board of Medicine considered a new rule containing verbatim wording from anti-abortion activists, the state Attorney General’s Office “cautioned the board against moving so quickly.” But as the governor’s counsel, Bird encouraged board members to adopt the telemedicine abortion ban immediately. Planned Parenthood’s lawsuit challenging that rule is pending with the Iowa Supreme Court.

Bird may be leaving the public sector for now, but I suspect Iowans will see her name on a ballot before too long. She reportedly considered running for Congress last year in Iowa’s third district and has served on the Republican Party of Iowa’s State Central Committee since last June. I could easily see Bird running for a Republican-leaning Iowa House or Senate seat if one were to open up in central Iowa. Alternatively, she and 2014 attorney general nominee Adam Gregg (now Iowa’s state public defender) are likely GOP candidates for attorney general in 2018.

Any relevant comments are welcome in this thread. After the jump I’ve enclosed a press release on Bird’s departure from the governor’s staff, with background on Michael Bousselot, her successor as legal counsel.  

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Why the vaccination issue is a minefield for Republican presidential candidates

The recent measles outbreak has sparked more media discussion of the trend away from routine vaccination. New Jersey Governor Chris Christie tried to walk a fine line when asked about the issue yesterday, saying parents should have “some measure of choice” over immunizing their kids. I enclose his comments and his staff’s later attempts to clarify below.

Meanwhile, U.S. Senator Rand Paul, who is also a medical doctor, told a popular right-wing radio host yesterday, “I’m not anti-vaccine at all but…most of them ought to be voluntary. […] I think there are times in which there can be some rules but for the most part it ought to be voluntary.” He took a shot at former Texas Governor Rick Perry, who has said it was a mistake for his administration to try to require the human papillomavirus vaccine for pre-teen girls in Texas.

As these and other Republican presidential candidates tour Iowa this year, I guarantee that they will face many more questions about the vaccine issue. In my non-blogging life, I have encountered hundreds of Iowa parents who choose not to vaccinate their children. They are a diverse group and can’t be stereotyped as “crunchy hippie” lefties or religious conservatives. Some don’t trust the government to regulate toxins in products pushed by pharmaceutical companies. Others may not believe vaccines cause autism but fear different adverse reactions. Or, they think “natural immunity” acquired through getting a disease is stronger. Many conservative evangelicals and Catholics shun vaccines because of concerns about the use of fetal tissue in their manufacture (see also here). Although the most influential homeschooling group, the Network of Iowa Christian Home Educators, does not take a position for or against immunizations, my impression is that anti-vaccine views are more prevalent among homeschoolers than among parents who send their children to public or parochial schools. Homeschoolers were a critical base of support for Mike Huckabee’s 2008 Iowa caucus campaign and were courted by multiple presidential candidates before the 2012 caucuses.

Some libertarian-leaning conservatives may not worry about the safety or ethics of vaccines, and may even have their own children immunized, but on principle don’t think the government should tell parents anything about how to raise kids. That group looks like a natural Rand Paul constituency, but they may be open to other candidates who cater to their views.

Regardless of how far the measles outbreak spreads, this issue will remain a minefield for GOP candidates.

Side note: In central Iowa, more and more pediatric practices are rejecting families whose parents want to deviate from the accepted vaccine schedule. In my opinion, that is a huge mistake. There is no one perfect immunization schedule. Medical associations in different countries recommend that babies and toddlers get shots for various diseases at different times. Based on my conversations, many of these parents would agree to most or all of the vaccines eventually; they just feel uncomfortable with so many shots clustered close together. Instead of accommodating those concerns with a delayed schedule, pediatricians are driving families away. So worried parents either stop taking their kids to regular wellness checks, or seek medical care only from chiropractors or alternative health providers.

UPDATE: Added below further comments from Rand Paul on why vaccines should be voluntary.

Likely Democratic presidential nominee Hillary Clinton weighed in on Twitter: “The science is clear: The earth is round, the sky is blue, and #vaccineswork. Let’s protect all our kids. #GrandmothersKnowBest”

A Bleeding Heartland reader reminded me about this report from last year, indicating that “In West Des Moines, 37 percent of home-schooled children are not fully vaccinated.”  

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Four reasons Mike Gronstal will win another term in Iowa Senate district 8

Iowa Senate Majority Leader Mike Gronstal celebrated his 65th birthday on January 29. The Des Moines Register’s William Petroski caught up with Gronstal after fellow senators sang “Happy Birthday” and confirmed that the longtime Democratic leader has no plans to retire. He’s up for re-election next year in Senate district 8, covering the Council Bluffs area and Carter Lake (scroll to the end of this post to view a detailed map).

Now that Tom Harkin has retired, Gronstal may be the Iowa Democrat whom Republicans most love to hate. But I have news for them: he’s going to win another term in 2016, and here’s why.

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Weekend open thread: Iowa Freedom Summit edition

What’s on your mind this weekend, Bleeding Heartland readers? Many prospective presidential candidates are speaking at the Iowa Freedom Summit today. I’ll update this post later with clips and highlights.

An MSNBC story on Representative Steve King (IA-04) made a splash yesterday with this revelation:

King is not above gloating. His staff kept a running list of some 12-16 prominent Republicans who’ve leveled personal criticisms against him. The congressman said he went over it himself the other day, just for old time’s sake.

“Their agenda [on immigration] has been marginalized,” a smiling King told msnbc. “Mine’s been strengthened.”

True, but that’s to the long-term detriment of the country and the Republican Party.

Who do you think is on King’s enemies list? Probably not many Iowans, aside from Doug Gross.

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House approves anti-abortion bill: How the Iowans voted

On the 42nd anniversary of the U.S. Supreme Court’s decision in Roe v Wade, the U.S. House approved a bill that could make abortion an unaffordable choice for many women. Emily Crockett reported for RH Reality Check,

The “No Taxpayer Funding for Abortion Act and Abortion Insurance Full Disclosure Act” would make permanent the Hyde Amendment, which restricts federal funding for abortion except in cases of rape, incest, or life endangerment.

The bill, HR 7, would also go much further than Hyde by prohibiting women or small businesses from using tax credits or subsidies under the Affordable Care Act to pay for any health insurance plan that covers abortion care.

The bill has no exceptions for a patient whose health is endangered by her pregnancy. […]

The effect of the bill could be to cause the entire insurance market to drop abortion coverage, according to a statement from the American Civil Liberties Union.

Traditionally, health insurance policies have covered abortion services, because doing so is much less costly than covering prenatal care and labor/delivery.  

The bill passed by 242 votes to 179 (roll call), with only one Republican opposed and three Democrats in favor. Iowa’s U.S. representatives split on party lines: Rod Blum (IA-01), David Young (IA-03) and Steve King (IA-04) voted yes, while Dave Loebsack (IA-02) voted no. I enclosed King’s statement below and will update if I see any other official comment from the Iowans in Congress.

House leaders had originally planned to pass a 20-week abortion ban on the Roe v Wade anniversary, to coincide with an annual March for Life in Washington, but that bill was pulled at the last minute “following a revolt from female members who objected to language regarding exceptions for rape.” The bill would have allowed abortion in the case of rape only if the victim had reported the alleged crime to police. House Majority Whip Steve Scalise says the bill will come back to the floor at a later date. On Wednesday, fifteen of the sixteen Republicans who spoke in favor of the 20-week abortion ban were men.

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Weekend open thread: Passages

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread.

Former New York Governor Mario Cuomo passed away on New Year’s Day. He was a hero to many liberal Democrats during the 1980s, thanks to the policies he promoted in New York and especially his legendary keynote address to the 1984 Democratic National Convention. I’ve posted the video after the jump, along with some excerpts from the full text and from obituaries. It has been ranked the 11th best American political speech of the 20th century.

I was unable to watch Cuomo’s keynote live, because I spent July 1984 at summer camp. But listening to it this week brought back many emotions. Liberals felt discouraged and embattled during the Reagan years. Cuomo gave voice to those frustrations. He focused on economic inequality in particular: “There is despair, Mr. President, in the faces that you don’t see, in the places that you don’t visit in your shining city. In fact, Mr. President […] you ought to know that this nation is more a tale of two cities than it is just a shining city on a hill.” Cuomo’s words speak to me more than anything I’ve ever heard from Barack Obama, including the “Yes We Can” speech and his vaunted 2004 DNC address.  

By the way, this line from Cuomo’s speech is as true now as it was 30 years ago: “Now we’re proud of this diversity as Democrats. We’re grateful for it. We don’t have to manufacture it the way the Republicans will next month in Dallas, by propping up mannequin delegates on the convention floor.”

Only on reading Cuomo’s obituaries did I learn that in September 1984, he spoke at Notre Dame University and explained why a devout Catholic could support a woman’s legal right to an abortion. The full transcript from that speech is here. I’ve posted excerpts below.

Former Iowa Lieutenant Governor Art Neu passed away on January 2. After Governor Bob Ray and Congressman Jim Leach, Neu was Iowa’s most prominent moderate Republican of the 1970s and 1980s. I enclose below a few comments on his passing.

Having been raised by a “Rockefeller Republican,” I remember when moderates were a real force within the Iowa GOP. Now there is not a single pro-choice Republican in our state’s legislature, and only a handful of elected Iowa GOP officials accept marriage equality. In recent years, Neu made headlines primarily when breaking ranks with the conservatives who now dominate his party. He opposed the campaign to recall three Iowa Supreme Court justices in 2010 and endorsed Christie Vilsack for Congress over GOP incumbent Steve King. Neu caucused for Mitt Romney in January 2012 but said he would vote for Barack Obama in the general election, in part because of the abortion issue.  

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Rest in peace, Dwayne Alons

State Representative Dwayne Alons passed away last night after a battle with kidney cancer, Iowa House Republicans announced today. First elected to the state legislature in 1998, Alons represented a staunchly Republican northwest Iowa district for eight terms and was unopposed in this year’s election.

A longtime farmer and retired brigadier general with the Iowa Air National Guard, Alons chaired the Iowa House Veterans Affairs Committee during the 2013 and 2014 legislative sessions. This year the state legislature passed and Governor Terry Branstad signed into law several bills designed to benefit veterans and encourage them to settle in Iowa.

Among many conservatives in the Iowa House Republican caucus, Alons stood out for his steadfast belief in prioritizing social issues such as opposition to same-sex marriage and abortion rights. In June 2010, he entered unsuccessful gubernatorial candidate Bob Vander Plaats’ name in nomination for lieutenant governor, saying he was “speaking for a grassroots effort that has been going on since the beginning of Bob’s campaign.” Alons was one of five Iowa House Republicans to file articles of impeachment in 2011 against Iowa Supreme Court justices who concurred in the Varnum v Brien ruling on marriage. He repeatedly co-sponsored and tried to pass “personhood” bills that would ban abortion in all circumstances. Earlier this month, Vander Plaats’ organization The FAMiLY Leader gave Alons its first annual “Family Champion Award,” saying in its official statement, “When it comes to championing pro-family values in Iowa, nobody has stood stronger, longer, and with such grace as Dwayne.”

Since Alons was just elected to another term, a special election will be needed to choose a new representative in Iowa House district 4, covering most of Sioux County (a detailed map is at the end of this post). Governor Branstad will likely set a date for that election in the coming week, and the election will probably happen sometime in January. The only real competition will be at the GOP nominating convention, since the area Alons represented is the most heavily Republican of the 100 state House districts, with nearly ten times as many registered Republicans as Democrats.

After the jump I’ve posted a selection of tributes from Alons’ colleagues. I will continue to update as needed.  

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IA-Sen: Final Braley/Ernst debate liveblog and discussion thread

In a few minutes, Bruce Braley and Joni Ernst will hold their third and final debate. KCAU in Sioux City and ABC-5 in Des Moines are televising the debate locally, and C-SPAN is showing it nationwide. I’ll be liveblogging after the jump.

Before the first debate, I was concerned that Braley might lose his cool, but he did well both that night as well as in last Saturday’s debate.

UPDATE: C-SPAN has the debate video archived here, for those who missed it.

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Republicans running negative radio ads in key Iowa Senate and House races

Radio commercials appeared in several competitive Iowa Senate districts during the last week of September, coinciding with the start of early voting. This week, the Republican Party of Iowa has launched the first negative radio spots I’ve heard in state legislative races this year. After the jump I’ve enclosed the transcript of the ad attacking Chaz Allen, the Democratic candidate in the open Iowa Senate district 15. Allen’s own positive ad, which Bleeding Heartland transcribed here, is still in rotation and promotes the former Newton mayor’s record of recruiting businesses. The new Republican spot blames Allen for high property taxes that allegedly discouraged companies from coming to Newtown after “Maytag pulled out on Chaz Allen’s watch.” The ad also plays up Governor Terry Branstad’s support for Crystal Bruntz, the Republican candidate in Senate district 15. While the ad asserts that Bruntz “understands job creation,” it fails to mention anything substantive she has ever done to create jobs.

In Iowa Senate district 41, a leading pickup opportunity for Democrats, Republican State Senator Mark Chelgren’s new radio spot highlights flippant and sarcastic responses Siegel mailed in response to a survey Chelgren circulated in 2010. More details on that commercial are after the jump.

In the open Senate district 39, another seat targeted by both parties, a Bleeding Heartland reader tells me that the new Republican radio spot attacks Democratic nominee Kevin Kinney over his support for “Common Core” educational standards. I have not heard the ad yet and would appreciate any further details. It seems like an odd angle for an attack, but I guess Kinney’s background as a deputy sheriff and family farmer didn’t give them easy targets. Politics-watchers generally believe that education is a campaign issue favoring Democrats. As far as I can tell, fear-mongering over Common Core only resonates with social conservatives who would already be voting for Kinney’s opponent, Michael Moore.

I have not yet heard details on radio spots attacking State Senators Daryl Beall or Rita Hart, the Democratic incumbents in Senate districts 5 and 49, respectively. Nor have I heard of any attack ads against three-term Democratic incumbent Amanda Ragan in Senate district 27, although anecdotally, Republicans have supposedly given up on taking back that seat. I always appreciate tips from Bleeding Heartland readers, so please let me know if you’ve heard radio ads in the Fort Dodge, Clinton, or Mason City area.

In the open Iowa House district 55 (northeast Iowa), Republican Daniel Branhagen started running a commercial this week calling his Democratic opponent Rick Edwards a big spender. I haven’t heard attack ads against any Iowa House Democrats yet on Des Moines area radio stations.

Any comments about the state legislative races are welcome in this thread.

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IA-03: Trouble on David Young's right flank (updated)

Prominent central Iowa conservatives are voicing concerns about David Young, the GOP nominee in the third Congressional district. Young can’t afford to run too far to the right in his race against former State Senator Staci Appel. He needs to keep the margin close in Polk County, because the Republican voter registration advantage in IA-03 isn’t large enough to save him if he gets blown out among suburban moderates. Consequently, Young has taken several middle-of-the-road positions during the general election campaign. During his first debate against Appel, he offered qualified support for a minimum wage increase. Last week, he told the Des Moines Register’s editorial board that he favors some form of legal status for some undocumented immigrants living in the U.S.

Speaking at a health care forum in Des Moines yesterday, Young said the Affordable Care Act is “here to stay,” so Congress will “have to work to make it better.” Whereas many Republicans have pledged to repeal “Obamacare,” Young said he’ll “be at the table trying to fix it.” That pragmatic stance contradicts his promise in a pre-primary television commercial to make Obamacare disappear.

Although Young has Iowa Right To Life’s support for the general election, some “pro-life” activists haven’t forgotten that he once told a journalist abortion should be legal in cases of rape or incest.

Social conservative talk radio host Steve Deace laid out his case against voting for Young in a Facebook post yesterday. I’ve enclosed excerpts after the jump. Many Iowa Democrats dismiss Deace as irrelevant, but his show is broadcast on two stations in the Council Bluffs area (the second-largest metro in IA-03) and one station in Des Moines. During the next three weeks, you can be sure Deace will urge listeners not to vote for Young.

Casting a protest vote will be easy for right-wing Republicans, because two conservative candidates qualified for the ballot in IA-03. Bleeding Heartland posted background on Libertarian Ed Wright and independent Bryan Jack Holder here.

UPDATE: On October 14, Deace bashed Young on his website and featured on his radio broadcast a segment on “John Boehner’s next plan to screw conservatives.” Pointing to a blog post claiming the U.S. House speaker wants to expand his majority “so the crazies you hate will be irrelevant” in Congress, Deace commented, “Another reason not to vote for David Young, as if he hasn’t provided enough of them already.”

SECOND UPDATE: The Iowa Republican publisher Craig Robinson had a go at Young’s “schizophrenic” campaign. I’ve added excerpts at the end of this post.  

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Q: When is an awkward comment worse than an outright falsehood?

A. When it happens in a campaign debate.

Since last night, I’ve been thinking about a ridiculous unwritten rule of our political culture.

On the one hand, we have former State Senator Staci Appel. While debating her opponent in Iowa’s third Congressional district, she expressed herself in a slightly inarticulate way. Later, she and her campaign staff clarified her position: she supports going through the existing system for revoking passports of people affiliated with terrorist organizations. But what she thinks doesn’t matter to her opponents. They will keep twisting the meaning of her awkward phrase over and over on television.

On the other hand, we have State Senator Joni Ernst. While debating her opponent in the U.S. Senate race, she misrepresented a constitutional amendment she co-sponsored, which calls for recognizing and protecting “the inalienable right to life of every person at any stage of development.” Ernst insisted the “personhood” amendment would not threaten access to birth control or in-vitro fertilization, even though independent fact-checkers have confirmed that yes, it would. This wasn’t some offhand comment on a topic she wasn’t expecting to come up. Ernst agreed to co-sponsor the “personhood” amendment. Four of her fellow Iowa Senate Republicans and more than two dozen Iowa House Republicans chose not to co-sponsor similar legislation, because they understood its implications. In yesterday’s debate, Ernst stood by her support for “personhood” as a statement of faith. She also stood by her false claim that it wouldn’t affect birth control or fertility treatment options for women.

At best, Ernst’s comments reveal stunning ignorance and a failure to research bills before signing on to them. At worst, she knows what “personhood” would mean if enacted, and was lying during the debate. Neither option is acceptable.

Yet for some reason, the smooth way Ernst spoke during the exchange over abortion rights is not considered a “gotcha” moment. Today, she’s probably more worried about news emerging that her husband sued a house painter over unfinished work, when she has spent months depicting herself as willing to resolve conflicts “the Iowa way” in contrast to “litigious” Bruce Braley. I’m sick of trivia dominating our political discourse and elections being about everything but the candidates’ real stands on real issues.

LATE UPDATE: Lynda Waddington wrote a good column for the Cedar Rapids Gazette on Ernst’s “personhood” comments during the debate.

Weekend open thread: IA-Sen ad wars edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread. I live-blogged yesterday’s gubernatorial debate, for those who missed it.

Today’s Sunday Des Moines Register includes a big feature by Jason Noble and Jeffrey C. Kummer on the $13.8 million spent so far on television commercials to influence Iowa’s U.S. Senate race. I’ve posted some excerpts after the jump.

Does anyone else think we’ve passed the point of diminishing returns on tv ads in this race? The vast majority of ads aired have been negative, and the overall quality has been poor. One of the biggest anti-Ernst spenders, NextGen Climate Action, has not produced a decent commercial yet. Most of the output has been so bad, I honestly believe Braley would be better off if NextGen had not gotten involved in this campaign at all. The Sierra Club’s spots are only marginally better. Some of the Braley campaign’s own negative ads have struck me as potentially effective, but at this point I suspect most Iowans are tuning out political ads. The volume has been overwhelming in the targeted media markets.

Pro-Republican groups, starting with fronts for the Koch brothers and now including one of Karl Rove’s outfits, keep pounding at the same two points to make Braley look bad: he insulted Senator Chuck Grassley and allegedly all Iowa farmers, and he missed a lot of House Veterans Affairs Committee meetings. But I have to wonder: once someone has heard 500 times about Braley’s alleged insult to Iowa farmers, will hearing it another ten or twenty times make any difference? Craig Robinson thinks Republicans are putting too many eggs in these baskets, and I tend to agree. The biggest accomplishment of these anti-Braley ads has been to force the Democrat to spend a lot of his money countering these charges (for instance, with tv spots on his connection to his grandparents’ farm or about what he has done for Iowa veterans). They have dictated the terms of his positive messages.

Probably the best outside ad money spent so far has been by the Chamber of Commerce. They’re running ads with Senator Chuck Grassley and Iowa Secretary of Agriculture Bill Northey endorsing Ernst. Simple, positive messages.

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Iowa Supreme Court allows "telemed" abortions to continue pending appeal

The Iowa Supreme Court has put a stay on a state rule prohibiting doctors from prescribing abortifacient drugs to patients through a videoconferencing system, according to an e-mail blast from Planned Parenthood of the Heartland this evening. Excerpt:

Today, the Iowa Supreme Court extended the stay on the Iowa Board of Medicine’s telemedicine abortion ban, ensuring that thousands of women in Iowa will continue to have access to safe, constitutionally protected abortion while we fight to permanently reverse the ban.

As our fight for Iowa women continues, we’re pleased that the court has upheld this right, and we’re proud to continue to provide the same exceptional care that we always have, no matter what.

We also are gratified that the American College of Obstetricians and Gynecologists (ACOG) filed an amicus brief supporting PPHeartland’s request for a stay. This important group of medical providers understands and agrees that a woman and her doctor – not politicians – should be making personal health care decisions.

Planned Parenthood recently appealed last month’s Polk County District Court ruling that allowed the rule adopted by the Iowa Board of Medicine to go into effect. Bleeding Heartland summarized the key points in the case here. Seven of Planned Parenthood’s nine Iowa clinics that offer abortion services have been using the telemedicine system. If the state rule had been implemented pending appeal, women would have had to drive to clinics in either Iowa City or Des Moines in order to access medical abortions in the presence of a doctor.

At this writing, the judicial order has not yet been posted on the Iowa Courts website. I will update with a link when available.  

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Planned Parenthood appeals to Iowa Supreme Court in telemedicine case

Yesterday Planned Parenthood of the Heartland asked the Iowa Supreme Court to put on hold a state rule banning the use of “telemedicine” for medical abortions. A Polk County District Court recently upheld that rule, on grounds Bleeding Heartland discussed here. Planned Parenthood argues that it is likely to succeed on the merits when the Iowa Supreme Court considers its appeal of the lower court ruling, that the state ban would “irreparably harm” Planned Parenthood and its patients, and that a temporary injunction on the rule while the appeal is pending “will not harm the interests of the other parties or the public.” A stay on the rule would allow women to continue to receive medical abortion access at seven Planned Parenthood clinics across Iowa where the teleconferencing system is available.

The Des Moines Register posted the full text of Planned Parenthood’s motion filed yesterday. After the jump I’ve posted key excerpts, which preview the substance of Planned Parenthood’s appeal.

I’m not an attorney, but my hunch is that the Iowa Supreme Court will overturn the lower court ruling–perhaps with two or three dissenters who would defer to the Board of Medicine, along the lines of the dissents in a recent case involving the Iowa Utilities Board.

To my mind, Planned Parenthood’s strongest argument is that the Iowa Board of Medicine approved a rule that “singles out abortion, banning telemedicine delivery of this service while encouraging other uses of telemedicine.” A Des Moines Register editorial published earlier this week underscored the hypocrisy of that position. I’ve enclosed excerpts from that piece at the end of this post. Governor Terry Branstad and others in his administration have celebrated the use of telemedicine in many ways that involve doctors or pharmacists dispensing medications without ever being in the same room as their patients.

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District Court upholds Iowa rule banning "telemedicine" abortions

A Polk County District Court today upheld a rule adopted by the Iowa Board of Medicine last year, which would prohibit Planned Parenthood of the Heartland from providing medical abortions using “telemedicine” (where a doctor meets with the patient via videoconferencing). You can read the full text of Judge Jeffrey Farrell’s ruling here. After the jump I’ve summarized Judge Farrell’s key findings, including background on the case and excerpts from his decision. I’ve also enclosed reaction from both sides in the telemedicine abortion debate, as well as from Governor Terry Branstad and Democratic challenger Jack Hatch.

Judge Farrell’s ruling goes into effect in 30 days, but Planned Parenthood has already said it will appeal, so the Iowa Supreme Court may put another stay on the rule pending its hearing of the case.

I’m surprised by this ruling. In a November 2013 decision granting Planned Parenthood’s request for a stay of the rule, Polk County District Court Judge Karen Romano sounded skeptical that rule would be upheld when courts considered the merits. She noted the lack of evidence of any adverse outcomes in more than 5,000 abortions using Planned Parenthood’s telemedicine system, the “peculiar” fact that the Board of Medicine required an in-person meeting between a patient and doctor for abortion services, but not for other telemedicine practices, and the likelihood that denying rural women access to medical abortion would increase demand for “surgical abortion, which is much more invasive and risky.” UPDATE: In the comments, Bleeding Heartland reader ahawby notes several factors that could have influenced Judge Farrell’s perspective on this case.

Today’s decision is a victory for opponents of abortion rights, because Iowa women in small towns and rural areas will face more hurdles to obtain abortions early in pregnancy. It’s also a personal triumph for Branstad’s legal counsel, Brenna Findley. As Judge Farrell’s ruling acknowledges, Findley was a vocal advocate of the rulemaking, urging the Board of Medicine to act quickly on the petition from pro-life activists, against the advice of the board’s own legal counsel as well as the Iowa Attorney General’s office.

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New Iowa caucus links and discussion thread

More than a half-dozen potential presidential candidates have visited Iowa since Bleeding Heartland’s last news roundup on the field. Any comments about the 2016 Iowa caucus campaign are welcome in this thread. Lots of links are after the jump.

Lest anyone think that ordinary people are unable to influence public discourse, consider this: Rand Paul’s latest Iowa visit will likely be remembered for how he ran away from the DREAMers who confronted Representative Steve King.

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Change in Iowa Medicaid policy hasn't reduced abortion access

A year after Iowa law changed to require the governor to approve all Medicaid reimbursements for abortions, the new policy does not appear to have limited low-income women’s access to abortions in cases of rape, incest, threat to the mother’s life or severe fetal abnormality.

On the other hand, the policy has in effect ended Medicaid coverage of abortion in Iowa, which was already among the most restrictive states in this area.  

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Supreme Court strikes down Massachusetts law on buffer zones around abortion clinics

The U.S. Supreme Court has upheld a Missouri law establishing a 300-foot buffer zone around funerals, and has upheld some state laws creating buffer zones around abortion clinics. But today, all nine justices found that a Massachusetts law establishing a 35-foot buffer zone around abortion clinics violates the First Amendment of the Constitution. You can find the full texts of the majority opinion and two concurrences in McCullen et al v Coakley here (pdf).

Chief Justice John Roberts wrote for the majority, joined by Justices Stephen Breyer, Elena Kagan, Ruth Bader Ginsburg, and Sonia Sotomayor. The ruling found that although the Massachusetts law was not attempting to regulate speech based on content, “The buffer zones burden substantially more speech than necessary to achieve the Commonwealth’s asserted inter­ests,” which “include ensuring public safety outside abortion clinics, preventing harassment and intimidation of patients and clinic staff, and combating deliberate obstruction of clinic entrances.”

There is a long history of intimidating and sometimes violent protests outside Massachusetts abortion clinics. But the majority rejected state officials’ contention that the 2007 law was needed because a previous, less restrictive buffer zone law had not worked. The court argued that a more narrowly-tailored approach, stepping up law enforcement around the Boston clinic with the most problems, could achieve the same end without restricting protesters’ free speech in public areas.

Justice Antonin Scalia wrote a separate opinion, joined by Justices Anthony Kennedy and Clarence Thomas, concurring in judgment only. He would have thrown out the law because it regulates speech in a “content-based” manner and can’t survive the “strict scrutiny” standard which “requires that a regulation represent “the least restrictive means” of furthering “a compelling Gov­ernment interest.” Justice Samuel Alito wrote a separate opinion concurring in judgment. He would throw out the state law because it “discriminates based on viewpoint. Speech in favor of the clinic and its work by employees and agents is permitted; speech criticizing the clinic and its work is a crime.”  

Harkin recommends O'Brien, Romano, Klinefeldt for federal judgeships

Two federal judges in Iowa plan to retire next year, and U.S. Senator Tom Harkin has recommended that President Barack Obama choose among three possible replacements. Cedar Rapids-based attorney Dave O’Brien is Harkin’s choice to replace U.S. District Judge Mark W. Bennett, who presides in Sioux City. O’Brien finished fifth in the Democratic primary to represent Iowa’s first Congressional district. I’ve posted background on his legal credentials after the jump.

Harkin suggested two possible nominees for the position to be vacated by James Gritzner, chief district judge for Iowa’s Southern District: Polk County District Court Judge Karen Romano and Nick Klinefeldt, U.S. Attorney for the Southern District. A former prosecutor in Polk County, Romano became an Iowa District Associate judge in 1996 and a District Court judge in 2001. She has been on Harkin’s short list before, and I’ve posted more background on her after the jump.

I hope Obama chooses Romano to fill this vacancy, as she has much more relevant experience than Klinefeldt. On Harkin’s recommendation, Obama appointed Klinefeldt to be U.S. attorney in 2009. The Senate confirmed him to that position about four and a half years ago. His official bio is below as well.

Romano was in the news last November after her ruling put a temporary stay on the Iowa Board of Medicine’s rule banning the use of telemedicine to provide abortion drugs to Iowa women. Social conservatives including Bob Vander Plaats’ FAMiLY Leader organization threw a fit, but I have little doubt that the state board’s rule will not stand up in court when Planned Parenthood’s lawsuit is heard on the merits.

Ryan Foley of the Associated Press observed, “It is unusual for Iowa, a state that only has five active district judges, to have two pending vacancies for the lifetime judicial positions at the same time.”

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Iowa Senate district 45: Joe Seng has a primary challenger, Mark Riley

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

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Iowa legislature funnel week discussion thread

This week marks the Iowa legislature’s first “funnel” deadline of the 2014 session. With the exception of appropriations bills, most legislation that has not cleared at least one committee in at least one chamber is dead for the year. Only occasionally do House or Senate leaders revive bills that didn’t get through the funnel.

Rod Boshart published a comprehensive list of bills that are still pending in either the Iowa House or Senate, as well as proposals that didn’t make it this year. Notably, the ideas Governor Terry Branstad outlined in his Condition of the State speech last month are still alive, as are the top priorities House and Senate leaders mentioned on the opening day of this year’s session.

Any comments about the legislature’s work is welcome in this thread. Reading Boshart’s lists, I felt a mixture of relief and disappointment. So many bad ideas died in the funnel, but so did a lot of proposals I would strongly support.

My dismay is probably nothing compared to what socially conservative Republicans are feeling. For the second year in a row, no bills aimed at “protecting” traditional marriage made it through the funnel. Every proposed anti-abortion bill died too, except for the ban on “telemedicine” abortions (which failed to move last year but passed the Iowa House last week). You would think that with a 53-47 Republican majority, the Iowa House would move more of these abortion bills through committee at least.

Iowa House votes to ban "telemedicine" abortions (updated)

Although Iowa House Republicans sought to restrict abortion rights after regaining the majority in the lower chamber in 2011, anti-choice bills were never a high priority for leadership. In fact, House leaders sometimes put the brakes on conservative efforts to bring anti-abortion legislation to the floor. During the 2013 legislative session, not a single bill restricting abortions even made it out of a committee in the Republican-controlled Iowa House.

House leaders must have gotten some flack from their caucus or outside advocacy groups, because even though restricting abortion isn’t a top agenda item for House Speaker Kraig Paulsen or Majority Leader Linda Upmeyer, they made sure to move an anti-abortion bill quickly during this year’s session. Yesterday the Iowa House approved House File 2175, which would ban the use of telecommunications technology for the purpose of terminating a pregnancy. (A similar bill died in the funnel last year.)

Follow me after the jump for background and details on the roll call.

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Anti-abortion bill splits Iowans on party lines

The U.S. House approved a bill yesterday that would make the “Hyde amendment” banning federal taxpayer funds for abortions a permanent law rather than a restriction requiring annual approval. Pete Kasperowicz reported for The Hill,

Republicans noted that Democrats just a few weeks ago approved the Hyde Amendment as part of the omnibus spending bill. They said that approval shows how noncontroversial the permanent measure should be. But Democrats countered that the bill is unnecessary precisely because Congress continues to approve the rider annually.

“This bill is a hoax,” said Rep. Louise Slaughter (D-N.Y.). “Federal taxpayer [money] is not spent on abortion.” […]

During the floor debate, Slaughter said the bill is really an attack on ObamaCare, because it would end the payment of federal subsidies to people who use the healthcare law to buy health insurance that covers abortion. Slaughter said that change would chip away at women’s rights by imposing a financial hurdle to getting an abortion and accused Republican men of coming up with a policy that no woman wants. […]

Republicans said ObamaCare needs to be tweaked because it requires taxpayers to subsidize the purchase of health plans that cover abortion, which frustrates the intent of the Hyde Amendment.

The “No Taxpayer Funding for Abortion Act” passed by 227 votes to 188, with very few representatives crossing party lines. As expected, Iowa Republicans Tom Latham (IA-03) and Steve King (IA-04) supported the bill, while pro-choice Democrats Bruce Braley (IA-01) and Dave Loebsack (IA-02) voted no. So far, I’ve only seen public comment on this vote from King; his news release is after the jump.  

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Not your father's Republican primary: Jon Van Wyk vs. Greg Heartsill in Iowa House district 28

Once upon a time, a few moderate Republicans served in the Iowa legislature. Sometimes they faced primary challenges from the right, because conservatives resented their positions on social issues and their willingness to compromise with statehouse Democrats.

Social moderates are long gone among Iowa House and Senate Republican ranks, but party leaders prefer not to talk about, let alone deliver on, some of the key priorities for hard-liners. That leads to occasional infighting between mainstream Republican lawmakers and those who want to rock the boat.

One of the proud non-compromisers, Tom Shaw, just announced plans to retire from the Iowa House. His comrade-in-arms Greg Heartsill will face at least one Republican primary challenger in Iowa House district 28.

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Tom Shaw retiring from Iowa House, rules out running in Senate district 5

Republican State Representative Tom Shaw announced on Facebook last night that he will not seek re-election in Iowa House district 10. Defending his “no compromise” approach to serving in the legislature since his first election in 2010, Shaw quoted a retired California legislator as saying, “When we give in to liberals, even an inch, we’re not compromising; we’re abdicating our rights and our honor.” Shaw and his close allies, State Representatives Kim Pearson and Glen Massie, were perhaps best known for helping to block in committee and later voting against a 20-week abortion ban bill, on the grounds that it did not go far enough to end abortions. Pearson and Massie both retired from the Iowa House rather than seek re-election in 2012. Last year, Shaw could persuade only ten of his Republican colleagues to co-sponsor his more extreme version of a “personhood” bill declaring life to start at conception.

Iowa House district 10 covers Humboldt, Pocahontas, and Calhoun counties, plus portions of Webster County (but not Fort Dodge). I’ve posted a map after the jump. It leans strongly Republican, with nearly 3,000 more registered Republicans than Democrats as of January 2014.  

Shaw confirmed by telephone this morning that he is retiring from the state legislature and will not consider running against Democratic State Senator Daryl Beall in Iowa Senate district 5. Shaw’s retirement may be good news for Beall, as the open Iowa House seat comprising half the district should draw more Republican interest than taking on a three-term incumbent in a much more competitive Senate district. Beall currently has one declared challenger, Fort Dodge-based financial adviser Tim Kraayenbrink.

UPDATE: The first candidate to declare for Shaw’s seat was Mike Sexton, who was elected to the Iowa Senate in 1998 but retired after one term. I’ve posted background after the jump. I would guess that an experienced candidate and former legislator would have been a tougher challenger to Beall than Kraayenbrink. But not surprisingly, Sexton sees the open House seat as an easier path back to the statehouse. I would guess that at least one tea party oriented candidate will compete against Sexton in the House district 10 primary.

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Strengths and weaknesses of Brenna Findley in an IA-03 GOP primary

I was skeptical about these rumors, but according to Craig Robinson of The Iowa Republican, Governor Terry Branstad’s legal counsel Brenna Findley “has been meeting people about a congressional run in the Third District.” Findley told the Des Moines Register “that she appreciates the encouragement, but she’s focused on her job” in the Branstad administration. That phrasing falls short of ruling out a Congressional bid.

Follow me after the jump for first thoughts on strengths and weaknesses Findley might bring to a GOP primary campaign. At the end of this post, I’ve enclosed background on the potential candidate from her 2010 campaign bio and the news release announcing her appointment as legal counsel.  

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Report on women's status is mixed bag for Iowa

Iowa’s “C+” average in a new report on The State of Women in America masks a large disparity in Iowa’s ranking across the three dozen factors measured. Anna Chu and Charles Posner of the Center for American Progress compiled the report released this week. The fact sheet on Iowa is here, and these interactive tables show how Iowa compares to other states overall and on each metric. I’ve listed the metrics considered in each area after the jump. This page explains in more detail the methodology and data used to measure the states.

The C+ grade for Iowa reflects a ranking of 21st out of 50 states when all factors are considered. Iowa did best in the “health” area, with an A- grade and a ranking of seventh. The percentage of our state’s population lacking health insurance is relatively low. Several reproductive rights issues were examined, which means that our state’s grade and rank might be far lower if the Iowa Senate had not been under Democratic control these past few years (blocking efforts to restrict access to legal abortion).

In the “economic security” area, Iowa was ranked 32nd and received a D+ grade. Those low marks reflect the gender gap in wages, especially for Iowa women of color, and the lack of any state policy on “paid family, medical, or temporary disability leave.”

Iowa’s worst marks were in the “leadership” area, where our state got an F and ranked 42nd among the states. Who can be surprised, given our dismal record of electing women to high office? The Carrie Chapman Catt Center for Women and Politics at Iowa State University has an extensive database of reports on women’s representation in Iowa government at the local, state, and federal level. The Center for American Progress also noted the fact that “Women hold only 33.3 percent of the managerial jobs in Iowa, despite making up 51 percent of the state’s population.”

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