The Iowa Supreme Court has ruled that a lower court should further consider whether the State Auditor’s office improperly withheld or unreasonably delayed providing records to a conservative public interest law firm.

The April 26 decision in Kirkwood v Sand is the third recent case indicating that Iowa’s high court is serious about ensuring government bodies comply with Iowa Code Chapter 22, the state’s open records law. Like the April 2023 ruling in Belin v Reynolds, the decision was unanimous.

As the Iowa Supreme Court prepares to hear arguments on the near-total abortion ban Republicans enacted last year, state House and Senate Republicans are advancing several bills to further their anti-abortion agenda. The latest example is House File 2575, which rewrites the criminal statute on causing a non-consensual pregnancy loss. House members approved the bill on March 7, voting mostly along party lines.

Republican State Representative Skyler Wheeler denied during Iowa House debate that what he called a “fetal homicide” bill could jeopardize the legality of in vitro fertilization (IVF). He either doesn’t understand the plain meaning of the legislation he floor managed, or was trying to mislead the public about its potential impact.

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

“Reasonable” is a word that is used often in Iowa’s laws. Reasonable fees. Reasonable rules. Reasonable efforts. Reasonable force.

But events in recent weeks show government officials are not always following what many Iowans would think the term means. And when government officials deviate from “reasonable,” they should not be surprised if their standing or the stature of their agency suffers in the public’s eyes.

Consider the Linn-Mar Community School District.

Lawyers representing Governor Kim Reynolds have taken the first step toward reinstating a 2018 law that would ban nearly all abortions in Iowa. A Polk County District Court struck down that law in 2019, and Reynolds did not appeal the decision. A motion filed on August 11 asks the court to lift the permanent injunction, which was founded on Iowa and U.S. Supreme Court rulings that have since been reversed.

In a written statement amplified on her social media, Reynolds promised, “As long as I’m Governor, I will stand up for the sanctity of life and fight to protect the precious and innocent unborn lives.”

Left unsaid by the governor, but made clear by the legal brief her team filed: pregnant Iowans’ interests have almost no value in the eyes of the state.

Will four Iowa Supreme Court justices balance competing concerns the same way?

Governor Kim Reynolds announced on June 28 that she will seek to lift an injunction on a 2018 law that would have banned almost all abortions in Iowa. After that law was struck down in early 2019, Reynolds opted not to appeal the decision, due to an Iowa Supreme Court precedent that is no longer operative.

The governor will also ask the Iowa Supreme Court to rehear a recently-decided abortion case, taking into account the U.S. Supreme Court’s majority opinion that overturned the Roe v Wade and Casey precedents.

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

The Iowa Supreme Court surprised many in the political and legal worlds on April 15 with a unanimous judgment reinstating U.S. Senate candidate Abby Finkenauer to the Democratic primary ballot.

Five justices resolved an apparent contradiction between two parts of Iowa’s election law by saying an incorrect or missing date is not a valid reason for not counting a signature on a candidate’s petition. They reversed a Polk County District Court, which days earlier reached the opposite conclusion: that an undated signature cannot be counted, and therefore Finkenauer did not qualify for the ballot.

Two justices concurred with the outcome of reversing the lower court but did not explain their reasoning.

The result was a big loss for Republican plaintiffs who challenged the State Objection Panel’s decision to let three disputed signatures on Finkenauer’s petitions stand. It’s also an embarrassment for Republican legislators who moved last year to limit the panel’s discretion.

By deciding this case on narrow grounds, the Iowa Supreme Court left some big legal questions to be adjudicated another election year.

A Polk County District Court has handed a big win to Republicans seeking to knock Abby Finkenauer off the Democratic primary ballot for U.S. Senate.

Judge Scott Beattie ruled on April 10 that the State Objection Panel used the wrong legal standard when it counted signatures with missing or incorrect dates. Consequently, the court found, Finkenauer’s campaign “has failed to submit at least 100 signatures from at least 19 counties” as required by Iowa law.

During a suspenseful meeting on March 29, the State Objection Panel allowed just enough signatures to stand for U.S. Senate candidate Abby Finkenauer, Attorney General Tom Miller, and State Representative Jeff Shipley to stay on the ballot.

Finkenauer needed at least 100 valid signatures from at least nineteen counties and hit nineteen exactly, with 100 in one county and 101 in two others. The Republicans who challenged her candidacy are seeking to reverse the outcome in court.

Miller needed at least 77 signatures from at least eighteen counties, and barely made it with 78 signatures in the eighteenth county.

Shipley needed at least 50 signatures from the Iowa House district where he is seeking re-election and was left with 52.

Many Iowa politics watchers have been wondering how these experienced candidates ended up hanging by a thread.

Bleeding Heartland asked all three campaigns why they didn’t give themselves more of a cushion by collecting far beyond the minimum number of signatures. Only one candidate answered the questions.

Two Republican voters filed suit on March 31 challenging the State Objection Panel’s decision to allow U.S. Senate candidate Abby Finkenauer to remain on the Democratic primary ballot.

Attorney Alan Ostergren, who has represented Republican candidates and committees in several high-profile election cases, filed the lawsuit on behalf of Kim Schmett and Leanne Pellett. They charge that the panel, comprised of Secretary of State Paul Pate, Attorney General Tom Miller, and State Auditor Rob Sand, should have disallowed signatures on Finkenauer’s nominating petitions where voters did not provide the correct date. Doing so would have brought the Democratic front-runner’s campaign below the threshold of 100 signatures in at least nineteen counties.

Sand and Miller voted to allow those signatures to stand; Pate would have sustained the objection to them.

The lawsuit also charges that Sand and Miller should have recused themselves from considering the objection to Finkenauer’s petitions. If the auditor and attorney general had recused, as Ostergren had requested during the panel’s March 29 meeting, Republican statewide officials would have replaced them on the panel, and would surely have ruled against letting Finkenauer compete for the Democratic nomination.

However, the plaintiffs did not raise another argument that Ostergren had argued at length when asking the panel to invalidate signatures on Finkenauer’s petitions, and those filed by two other candidates.

Attorney General Tom Miller can remain on the Democratic primary ballot, the State Objection Panel affirmed on March 29, after determining his campaign had collected at least 77 valid signatures in eighteen counties, as required by Iowa law.

If he had been knocked off the ballot, Miller could have been nominated at the Iowa Democratic Party’s statewide convention in June. However, failing to qualify would have been an embarrassing misstep for a longtime office-holder.

Almost all of the legal arguments Miller’s representative advanced failed to convince a majority of the three panel members: Secretary of State Paul Pate, Lieutenant Governor Adam Gregg, and State Auditor Rob Sand. But one neat trick forced the two Republicans to accept enough Story County signatures for the campaign to cross the threshold.

U.S. Representative Mariannette Miller-Meeks has a clear shot at the Republican nomination in Iowa’s new first Congressional district, after her only GOP opponent was knocked off the ballot on March 29.

The State Objection Panel, consisting of Secretary of State Paul Pate, Attorney General Tom Miller, and State Auditor Rob Sand, unanimously sustained an objection to Kyle Kuehl’s candidacy.

Revised Iowa Court Rules of Criminal Procedure face an uncertain future after some state legislators objected to parts of the package, which was three years in the making.

The Iowa Supreme Court withdrew the rules from the Legislative Council on February 17. The order signed by Chief Justice Susan Christensen did not explain why the court took that step.

An email sent to members of the task force that drafted the new rules, which the Judicial Branch provided to Bleeding Heartland, said unnamed state legislators had informed the court “the rules would not be approved as submitted in the current form.” Lawmakers’ concerns centered around changes that would benefit defendants facing criminal charges.

Deidre DeJear’s campaign for governor submitted an amended financial disclosure on February 11, listing all contributors, regardless of donation size.

The report filed with the Iowa Ethics and Campaign Disclosure Board last month listed $56,924.78 in unitemized contributions to DeJear’s campaign, an unusually large number. Campaign manager Cynthia Sebian-Lander told me online donors accounted for most of that total, but the report listed each gift from individuals whose cumulative contributions exceeded a certain threshold.

A special investigation by the State Auditor’s office asserted on June 3 that Governor Kim Reynolds violated Iowa law by using $152,585 in federal COVID-19 relief funds to purchase “online and televised ads containing the Governor’s voice, image, and name.”

Less than 30 minutes after the auditor’s report was published, Reynolds responded in a news release that the law “clearly allows” such use of public money in the context of a public health disaster emergency.

A few hours later, State Auditor Rob Sand defended his conclusions in a new written statement.

My non-lawyer’s reading of the relevant statutes aligns with the governor’s interpretation. But while legal points could be argued, one indisputable fact is that all parties involved should have discussed these findings prior to the report’s publication, instead of duking it out in news releases today.

A leading Republican author of Iowa’s new election law has denied that Washington, DC-based Heritage Action for America helped write or pass any part of the bill.

In a leaked video obtained by Documented and published by Mother Jones on May 13, Heritage Action’s executive director Jessica Anderson claimed the group worked “quickly” and “quietly” on the bill Governor Kim Reynolds signed in March, which limits voting in many ways.

State Representative Bobby Kaufmann, who floor managed Senate File 413 in the Iowa House, told Bleeding Heartland in a May 13 telephone interview, “Any insinuation by Heritage that they had anything to do with this bill is a bald-faced lie.”

U.S. Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02) were among dozens of House Republicans whose campaigns received $5,800 in March from Stephen Wynn, a former Republican National Committee finance chair who resigned in 2018 after former employees alleged sexual harassment or assault.

$5,800 is the maximum amount individuals can donate to federal campaigns for the 2022 election cycle ($2,900 each for the primary and general elections).

Everyone knew Iowa’s State Canvassing Board wouldn’t have the final word on the 2020 election in the second Congressional district when it certified a six-vote win for Republican Mariannette Miller-Meeks on November 30. Most politics watchers expected Democratic candidate Rita Hart to file for an election contest.

Instead, the Hart campaign announced on December 2 that it will bypass Iowa’s process and appeal directly to the Democratic-controlled U.S. House.

This won’t end well.

Donald Trump’s presidential campaign and four Republican Party entities filed suit on August 12, seeking to invalidate tens of thousands of absentee ballot request forms in two large, Democratic-leaning Iowa counties. The plaintiffs allege Linn County Auditor Joel Miller and Johnson County Auditor Travis Weipert committed “illegal actions” when they mailed absentee ballot request forms that were pre-printed with voters’ information.

The Republican lawsuit is heavy on political posturing but fails to lay out a convincing legal case.

After interviewing fifteen applicants, the State Judicial Nominating Commission on March 6 agreed on three nominees for the Iowa Supreme Court: Matthew McDermott, District Court Judge Mary Chicchelly, and Iowa Court of Appeals Judge David May. Governor Kim Reynolds will appoint one of them during the next few weeks.

To the credit of the commissioners, all three finalists are well-qualified to serve. Thanks to a law Republicans enacted in 2019, commission members appointed by either Reynolds or Governor Terry Branstad now outnumber elected attorneys, meaning they had the votes to send less-experienced but politically-connected loyalists to the governor. They did not.

I’ve enclosed below highlights from each finalist’s application and interview, along with some noteworthy comments by three candidates who didn’t make it onto the short list: Brenna Bird, Alan Ostergren, and Sam Langholz.

I felt confident in January that Reynolds would appoint McDermott, because of his past work for the Republican Party of Iowa and close ties to senior GOP officials. Knowing now that the governor’s own legal counsel Langholz has ambitions to serve on the Supreme Court, I wouldn’t be surprised to see Reynolds pick a different finalist. Langholz’s job involves helping the governor interview and select judges. He has incentive to steer her toward appointing a candidate who has presided over a District Court, to improve the odds of the State Judicial Nominating Commission selecting someone who lacks that experience next time. Reynolds will get at least one more appointment to the high court, because Supreme Court Justice Brent Appel will reach the mandatory retirement age in 2022.

UPDATE: The commission recommended Mary Chicchelly, David May, and Matthew McDermott. I’ve added below highlights from Langholz’s interview.

Iowa’s State Judicial Nominating Commission will interview candidates to succeed retiring Supreme Court Justice David Wiggins on March 6. The fifteen applicants include two finalists Governor Kim Reynolds passed over for the vacancy she filled last month (District Court Judge Joel Barrows and Matthew McDermott) and several who have applied for previous vacancies, such as District Court Judges Mary Chicchelly and Patrick Tott, District Associate Judge Romonda Belcher, Assistant Attorney General Molly Weber, and Muscatine County Attorney Alan Ostergren.

Three applicants have provoked anxiety in Iowa legal circles. Bleeding Heartland discussed some problematic aspects of Ostergren’s record when he applied for a Supreme Court vacancy last year. Guthrie County Attorney Brenna (Findley) Bird previously served as chief of staff for U.S. Representative Steve King and later as Governor Terry Branstad’s legal counsel. In that capacity, a jury found last year, Bird and Branstad violated the constitutional rights of former Workers’ Compensation Commissioner Chris Godfrey. While working in the Branstad administration, Bird was also involved in rushing through an effort to ban the use of telemedicine for abortions. The Iowa Supreme Court unanimously struck down that administrative rule in 2015.

The greatest concern has centered on Sam Langholz, the governor’s senior legal counsel. He is widely perceived as Reynolds’ top choice. Thanks to changes in the selection process Langholz helped engineer last year, the governor may have the votes on the State Judicial Nominating Commission to get her subordinate on Iowa’s highest court.

That would be troubling for several reasons.

Before the new political year kicks off with the Iowa legislature convening and Governor Kim Reynolds laying out her agenda, I need to take care of some unfinished business from 2019.

When I reflect on my work at the end of each year, I like to take stock of not only the most popular posts published on this website and the ones I worked hardest on, but also the projects that brought me the most joy. I’ve found this exercise helps guide my editorial decisions on the many days when I have time to write up only one of several newsworthy stories.

Among the 348 posts I wrote last year, these were some of my favorites:

UPDATE: Reynolds didn’t pick McDermott this time but appointed him to the Iowa Supreme Court in April 2020. Bleeding Heartland covered highlights from his application and interview here.

After interviewing twelve applicants, the State Judicial Nominating Commission forwarded three names to Governor Kim Reynolds on January 9 to fill the vacancy created by Iowa Supreme Court Chief Justice Mark Cady’s passing in November.  Reynolds has 30 days to appoint one of the finalists, but there’s no suspense here: she will almost certainly choose Matthew McDermott.

A computer program couldn’t generate a more ideal judicial candidate for a Republican governor seeking to move Iowa courts to the right.

The State Judicial Nominating Commission will meet on January 30 to consider nineteen applicants seeking to replace Iowa Supreme Court Justice Daryl Hecht, who stepped down last month. The commission will then send Governor Kim Reynolds a list of three candidates, one of whom will be appointed to the high court within 30 days.

After reviewing the applications, I compiled some noteworthy facts about the contenders. One of them is not like the others.

Senator Chuck Grassley hit a new low last week in running interference for the White House on the Trump/Russia investigation. After leaders of the private research firm Fusion GPS called on Congressional Republicans “to release full transcripts of our firm’s testimony” about the so-called Steele dossier, Grassley and Senator Lindsey Graham wrote to the Department of Justice and the FBI “urging an investigation into Christopher Steele.” Ranking Senate Judiciary Committee Democrat Dianne Feinstein was not consulted about the referral, which she accurately characterized as “another effort to deflect attention from what should be the committee’s top priority: determining whether there was collusion between the Trump campaign and Russia to influence the election and whether there was subsequent obstruction of justice.”

Here in Iowa, the Department of Human Services recently acknowledged that privatizing Medicaid “will save the state 80 percent less money this fiscal year than originally predicted,” Tony Leys reported for the Des Moines Register. The Branstad/Reynolds administration has claimed since 2015 that shifting care for one-sixth of Iowans to private companies would result in big savings for the state. Officials were never able to show the math underlying those estimates. Staff for Governor Kim Reynolds and the DHS now portray the miscalculation as an honest mistake, which a more “comprehensive methodology” will correct. The governor would have been wiser to pull the plug on this disaster last year.

Forthcoming Bleeding Heartland posts will address those failures in more depth. But now it’s time to hold myself accountable for the 17 Iowa politics predictions I made at the beginning of 2017. Did I improve on my showing of seven right, two half-right, and seven wrong out of my 16 predictions for 2016?

Peter Deegan and Marc Krickbaum will serve as U.S. attorneys for Iowa’s northern and southern districts, after the Senate confirmed them by voice votes on September 14. A White House press release in July provided background on the nominees: