Randy Evans can be reached at DMRevans2810@gmail.com. 

Few people like being told what they must do. Lorie Smith is one of them.

The suburban Denver, Colorado business owner, a devout Christian, builds websites for customers. She wants to expand her business and begin building websites for couples who are planning weddings.

But she is adamant that she does not want to be forced to build websites for same-sex couples. Doing so, she says, would violate her faith, which does not allow her to celebrate same-sex marriages.

Polk County District Court Chief Judge Arthur Gamble on Monday dismissed a lawsuit that challenged Iowa’s restrictions on felon voting and procedure for regaining voting rights after a felony conviction. Kelli Jo Griffin filed the lawsuit last November, having previously been acquitted on perjury charges related to registering to vote and casting a ballot in a local election. Griffin did not realize she was ineligible to vote because of a prior drug conviction. The American Civil Liberties Union of Iowa is representing her in the case, which claims Iowa law and an executive order Governor Terry Branstad issued in January 2011 unconstitutionally restrict the plaintiff’s fundamental right to vote.

A plurality of three Iowa Supreme Court justices indicated last April that they do not believe all felonies rise to the level of “infamous crimes,” which under the Iowa Constitution justify revoking citizenship rights. But that opinion did not strike down current Iowa law, which holds that any felony conviction leads to the loss of voting rights. Chief Judge Gamble noted in his ruling that he is bound by precedent on felon voting cases “until a majority of the Iowa Supreme Court” rules otherwise.

The chief judge also determined that Branstad’s executive order does not unconstitutionally restrict Griffin’s voting rights, because the paperwork and fees required are “not an unreasonable burden for a felon to shoulder.” His conclusions don’t acknowledge certain realities about the arduous process Branstad established, which “made Iowa one of the most difficult states in the nation for felons who want to vote” and create more hurdles for low-income Iowans than for those with financial resources. I enclose more thoughts on that angle below, after excerpts from Gamble’s ruling.

The ACLU will appeal the District Court’s decision to the Iowa Supreme Court. Ever since an unlikely chain of events opened the door for the high court to re-examine felon voting rights, it’s been obvious some non-violent offender like Griffin would bring a test case resembling this one. The big question now is whether Justice Brent Appel, who recused himself from last year’s related case, will align with his three colleagues who appear ready to declare that certain felonies are not “infamous crimes.”

Sanity has prevailed in an Iowa town where officials had been selling raffle tickets for the right to shoot a human being with a taser at a festival coming up this weekend.

President Barack Obama delivered a prime-time televised address last night to explain his new executive order on immigration. The order would remove the threat of deportation for an estimated 5 million of the 11 million immigrants who came to this country illegally. After the jump I’ve posted the full text of the president’s speech, as well as reaction from some members of Iowa’s Congressional delegation and several advocacy groups. I will update this post as needed.

Last year, Iowa’s U.S. senators split when the Senate approved a comprehensive immigration reform bill, which has never come up for a vote in the U.S. House. Just before Congress adjourned for five weeks this summer, Iowa’s representatives in the House split on party lines over a border security funding bill bill designed to speed up deportations of unaccompanied children entering this country. Likewise, Tom Latham (IA-03) and Steve King (IA-04) voted for and Bruce Braley (IA-01) and Dave Loebsack (IA-02) against a separate bill that would have reversed the president’s policy (announced two years ago) to suspend deportations of some undocumented immigrants who were brought to this country as children. Click here for background on those bills.

Note: King has been all over the national media the last couple of weeks, as journalists and pundits have discussed the president’s expected action on immigration. Over the summer, King raised the prospect that Obama could be impeached over unilateral action on immigration. But as you can see from statements posted below, more recently he has not advocated impeachment. Instead, King has called on Congress to defund the federal agencies that would carry out Obama’s executive order. Unfortunately for him, that approach is “impossible.”

Both Hillary Clinton and Bill Clinton have expressed support for Obama’s executive order in the absence of Congressional action on comprehensive immigration reform.

Several Republican governors who may run for president in 2016 are considering legal action aimed at blocking the president’s executive order. Such a lawsuit could raise the standing of Texas Governor Rick Perry, Louisiana Governor Bobby Jindal, Wisconsin Governor Scott Walker, or Indiana Governor Mike Pence with Iowa conservatives who are likely to participate in the next GOP caucuses. I am seeking comment on whether Iowa Governor Terry Branstad might join this legal action.

The Obama administration is already preparing a legal defense that would include precedent from the U.S. Supreme Court’s 2012 ruling on an Arizona law relating to illegal immigration. Federal officials “have always exercised discretion” in prioritizing cases for deportation.

March 29, 2013 

The ACLU of Iowa and Iowa LULAC today restarted their lawsuit to stop the Secretary of State from an unreliable process to remove registered voters if they cannot prove their U.S. citizenship within a limited time.

The ACLU of Iowa and the Iowa League of United Latin American Citizens (LULAC) filed papers in Polk County District court today, renewing their lawsuit against two rules filed by the Iowa Secretary of State Matt Schultz that the groups say wrongly restrict voting by qualified Iowans.

One rule would have allowed unverified challenges to another voter’s qualifications. The Secretary of State eventually voluntarily withdrew that rule. The other rule, which took effect yesterday, allows the Secretary of State to run Iowa’s registered voters through numerous federal databases to attempt to generate a list of non-citizens.

The ACLU and LULAC say that the Secretary of State was never authorized by the Iowa legislature to put his Voter Removal Rule forward, and that it will erroneously deprive qualified citizens in Iowa of their right to vote. The ACLU and LULAC cite problems with running the registered voter lists through the federal SAVE system, as well as a lack of procedural checks to protect voters once they are identified.

http://www.aclu-ia.org/2013/03/29/aclu-of-iowa-restarts-its-voter-suppression-lawsuit-against-the-iowa-secretary-of-state/

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Having trouble posting the entire text of this post for some reason, but you can read more about the proposed data retention legislation here

Governor Terry Branstad announced some important personnel decisions in the past few days, naming former State Representative Libby Jacobs to chair the Iowa Utilities Board and three new members of the Board of Regents, including Bruce Rastetter.

Follow me after the jump for more on those and other Branstad administration appointments.

UPDATE: On March 1 President Barack Obama named Branstad to co-chair the Council of Governors, “established by the National Defense Authorization Act in 2008 to strengthen further partnership between the Federal and State governments as it pertains to national security.” Branstad will serve a two-year term as co-chair.

SECOND UPDATE: Branstad announced more than 200 appointments to state boards and commissions on March 2. Bleeding Heartland covered the four appointees to the Environmental Protection Commission here; all have ties to large agribusiness.

Another name that caught my eye was Eric Goranson, a lobbyist and parochial schools advocate whom Branstad named to the State Board of Education. He has been a leading critic of the Iowa Core Curriculum (see here and here). The Under the Golden Dome Blog argues that Goranson’s appointment may violate Iowa code, which states, “A voting member [of the Board of Education] shall not be engaged in professional education for a major portion of the member’s time nor shall the member derive a major portion of income from any business or activity connected with education.” Several of Goranson’s lobbying clients represent religious private schools or Christian home-schooling parents.

THIRD UPDATE: I forgot to mention Branstad’s two appointees to the State Judicial Nominating Commission: Helen St. Clair of Melrose and William Gustoff of Des Moines. I have been unable to find any information about Helen St. Clair, but a Maurice St. Clair of Melrose was among Branstad’s top 20 individual donors, contributing more than $45,000 to the gubernatorial campaign. I assume he is related to Helen St. Clair and will update this post if I confirm that. William Gustoff is a founding partner of the Whitaker Hagenow law firm, which includes Republican former U.S. attorney Matt Whitaker and State Representative Chris Hagenow. Branstad’s legal counsel Brenna Findley also worked at Whitaker Hagenow last year.

President Barack Obama is coming back to Iowa this Tuesday with stops scheduled in Fort Madison, Mount Pleasant and Ottumwa. More details on those and other events coming up during the next two weeks can be found after the jump.

The Republican Party of Iowa is organizing a “Stand Up 4 Freedom Rally” on Monday at 5:00 in Ottumwa’s Central Park.

Congratulations to everyone elected to the Iowa Democratic Party’s State Central Committee at the district conventions this weekend.

First district: Jean Pardee, Sue Frembgen, Michael Blackwell, Jerry Lynch, Bruce Clark and Jane Lawrence

Second district: Ebony Luensman, Judy Stevens, Melinda Jones, Norm Sterzenbach, Kory May and Al Bohanan

Third distict: Dori Rammelsberg-Dvorak, Mary Campos, Linda Olson, John McCormly, Bill Brauch and Glen Rammelsberg

Fourth district: Susan Seedorff-Keninger, Karen Pratte, Lois Jirgens, Chris Petersen, Tom Harrington and Don Ruby

Fifth district: Monica McCarthy, Penny Rosjford, Marcia Fulton, Tim Bottaro, Dennis Ryan and Dick Sokolowski

Consider this an open thread for discussing anything on your mind this weekend.

A British historian of Russia got caught hiding behind a pseudonym on Amazon in order to post nasty reviews of rival historians’ work while praising his own. One of the historians he trashed responded here. Fortunately, Bleeding Heartland has had few problems with sock-puppetry. Thanks to everyone who respects this community’s rules of engagement.

Arizona’s Republican Governor Jan Brewer signed a law yesterday that makes it “a state crime to be in the country illegally” and “requires local law enforcement to determine an individual’s immigration status if an officer suspects that person is in the country illegally.” Civil rights groups are already preparing federal lawsuits, and President Barack Obama called the bill “misguided”, adding, “I’ve instructed members of my admininstration to closely monitor the situation and examine the civil rights and other implications of this legislation.”

The American Civil Liberties Union explained why we should be outraged about this law:

The law creates new immigration crimes and penalties inconsistent with those in federal law, asserts sweeping authority to detain and transport persons suspected of violating civil immigration laws and prohibits speech and other expressive activity by persons seeking work. The American Civil Liberties Union and the ACLU of Arizona strongly condemn the governor’s decision to sign the unconstitutional law and are dismayed by her disregard for the serious damage it could cause to civil liberties and public safety in the state.[…]

The new law, which will not go into effect for more than 90 days, requires police agencies across Arizona to investigate the immigration status of every person they come across whom they have “reasonable suspicion” to believe is in the country unlawfully. To avoid arrest, citizens and immigrants will effectively have to carry their “papers” at all times. The law also makes it a state crime for immigrants to willfully fail to register with the Department of Homeland Security and carry registration documents. It further curtails the free speech rights of day laborers and encourages unchecked information sharing between government agencies.

Naturally, conservatives who claim to be for small government love the expansion of police powers in Arizona.

Representative Raul Grijalva, one of the leaders of the House Progressive Caucus, closed his Arizona offices yesterday following threatening phone calls. Grijalva also “called on businesses and groups looking for convention and meeting locations to boycott Arizona.” Already yesterday the American Immigration Lawyers Association canceled plans to hold the group’s fall national convention in Scottsdale. A petition has been created to urge California’s state pension fund to “divest from all Arizona companies” and sell all Arizona real estate.

The law may never be enforced, depending on what happens with the federal lawsuits, but some people are predicting it will boost support for Democrats among Latino voters.

Share any relevant thoughts in this thread. For comic relief, I recommend reading the official statement from Arizona Hispanic Republicans. After criticizing the (Republican) state legislators who spearheaded the bill and the (Republican) governor who signed the bill, they say they are “ultimately holding President Obama accountable,” because “Obama promised Hispanics that he would pass immigration reform within 90 days of his Presidency.  Had Obama carried out his promises to Hispanics last year, the Hispanic community would not be experiencing the crisis we are experiencing right now.” That’s quite a creative way to misdirect blame.

I missed this story earlier in the week, but caught it at the Huffington Post on Friday:

The Iowa Board of Pharmacy sidestepped a court ruling this week, which had ordered it to consider whether the state should reclassify marijuana as having medical value. […]

The effort to reclassify marijuana in Iowa is led by the American Civil Liberties Union and local medical marijuana users. […]

The pharmacy board was fully informed by assistant attorney general and counsel to the board Scott Galenbeck of its job. “Judge Novak’s ruling states,” Galenbeck read to the board, “‘The board must determine whether the evidence presented by petitioner is sufficient to support a finding that marijuana has accepted medical use in the United States and does not lack accepted safety for use in treatment under medical supervision.’ A couple sentences before that the judge stated if the board believes that evidence presented by petitioner was insufficient to support such a finding it should have stated such in its order.”

The board had previously rejected the ACLU effort. The civil liberties group appealed to the district court, setting up this week’s rematch.

Yet the Iowa board, instead of asking whether it has “accepted medical use in the United States,” asked whether Iowa should approve of it, which is not a question for the board but for the Iowa legislature.

A bill to legalize the medical use of marijuana was introduced in the Iowa Senate this year. More details about that are after the jump.

Today same-sex marriages become legal in Iowa, as the Iowa Supreme Court will issue a document putting its Varnum v Brien ruling into effect.

If you are planning a same-sex marriage in Iowa, One Iowa has resources for you. You can also sign up to follow One Iowa on Twitter (@oneiowa). One Iowa is organizing volunteers to be at county recorder offices during the day and attend various events this evening. If you can help, please call them at (515) 288-4019.

Equality Iowa and I’M for Iowa will be giving wedding bouquets of flowers “to couples applying for their marriage license and getting waivers to marry immediately at courthouses in Iowa City, Des Moines, Cedar Rapids, Mason City and Davenport,” according to an e-mail I received from I’M for Iowa.

Groups opposing marriage equality will also make their presence known today outside courthouses and county recorder offices. My advice is to ignore these people, not argue with them. They will be looking for any opportunity to claim they are being oppressed for their religious views.

After the jump I’ve posted information about other events planned for the coming week, including the annual conference for Iowa Rivers Revival and the annual dinner for the American Civil Liberties Union of Iowa.