# Analysis



What "Critical Race Theory" actually is

This column first appeared in the Jefferson Herald and the Carroll Times Herald.

One evening in late October, the six candidates for the Greene County Community School Board were taking questions from district residents at a candidates’ forum held at Greene County Elementary School. One of the first was what each candidate thought about teaching critical race theory in the school district’s classes.

After a moment of silence, probably as the candidates tried to figure out what to say, they one by one gave brief answers, generally to the effect that they opposed teaching kids that people of difference races are inherently unequal or that they are inherently racist.

At that point another member of the audience asked if any of the candidates could explain “critical race theory.” Extended silence ensued.

That wasn’t surprising. Despite the bludgeoning of critical race theory among conservative politicians and media outlets, there’s very little explanation of what the theory is and how it might enlighten contemporary society.

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Ras Smith's departure raises tough questions for Iowa Democrats

State Representative Ras Smith suspended his campaign for governor on January 5, saying he had reached “the heartbreaking conclusion that there are barriers that one campaign cannot overcome, no matter how hard we work or how faithfully we represent the majority of hardworking Iowans.”

In a written statement and recorded video message, Smith thanked Iowans who welcomed him a candidate for governor, saying the campaign “has reaffirmed for me the magnitude of mission-driven work that lies ahead.” He added, “Unfortunately, this process has also exposed a drastic disconnect between the current political system and the people.”

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Iowa Republicans still pandering to COVID-19 deniers

Iowa’s COVID-19 cases are exploding, and leaders of major hospital systems and clinics are pleading with the public to get vaccinated and take other precautions, including “masking up—even if you’re vaccinated.”

Meanwhile, Governor Kim Reynolds and top Republican lawmakers prioritize the concerns of those who refuse to do the bare minimum to combat the state’s third leading cause of death over the past two years.

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Exclusive: Governor stacked labor relations board with Republicans

Governor Kim Reynolds has kept one of three positions on Iowa’s Public Employment Relations Board (PERB) vacant for more than a year, and since October has ensured the board operates with Republican members only.

By law, the board that handles public sector labor relations “shall consist of three members appointed by the governor,” of whom no more than two “shall be of the same political affiliation.” Reynolds has left one position unfilled since August 2020 and recently replaced Democrat Mary Gannon with Republican Jane Dufoe. She serves alongside Erik Helland, a longtime Republican and former state lawmaker.

The current situation runs counter to the spirit of PERB’s partisan balance requirement and potentially allows Reynolds to circumvent the Iowa Senate confirmation process, by shifting board members who are not confirmed to an open position.

In addition, state salary records show Reynolds’ GOP appointees to PERB immediately earned higher pay than Gannon, despite the Democrat’s years of experience. For decades, under Republican and Democratic governors, PERB members not chairing the board had received identical salaries.

The governor’s communications director Alex Murphy confirmed Dufoe’s party affiliation in September, then did not respond to eight follow-up inquiries about the PERB appointments over a three-month period.

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State agency took 170 days to produce maternal health records

Rachel Bruns recounts the saga of trying to obtain records that the Iowa Department of Public Health could have provided promptly.

In an article I wrote for this website in January 2021, Provider practices in Iowa lead to more c-sections, complications, I mentioned that I had requested records from the Iowa Department of Public Health (IDPH) on the number of cesarean births and vaginal births after cesarean (VBACs) in Iowa hospitals.

A lot has happened related to my request since then. I’m summarizing my experience in case it can help other Iowans seeking what should be public information from a government entity.

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The 21 most-viewed Bleeding Heartland posts of 2021

It’s time for another review of Bleeding Heartland’s most widely-read posts from the year that just ended. I always struggle a bit with this task, because the work I’m most proud of doesn’t always overlap with what resonated most with readers. Also, I’m wary of watching traffic numbers too closely, because I try not to let potential clicks drive my editorial decisions.

However, I always gain some insight from this review, so here goes.

This list draws from Google Analytics data about total views for 598 posts this website published during 2021: 362 written by me and 236 by other authors. I left out the site’s front page and the “about” page, where many people landed following online searches.

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Recognizing Bleeding Heartland's talented 2021 guest authors

During the year that just ended, 114 authors wrote or co-authored 236 guest posts for this website. Those articles and commentaries covered a vast array of topics and employed many different writing styles, from exclusive reporting to in-depth analysis to personal stories to satire. Some were among the most-read of the 598 posts Bleeding Heartland published in 2021.

As in 2020, the COVID-19 pandemic was a frequent touchpoint for authors; at least 28 guest posts addressed some aspect of the public health disaster.

Other state government policies inspired 40 posts, covering bills proposed or adopted by the legislature or Governor Kim Reynolds’ actions not directly related to the pandemic.

Nearly two dozen posts related to the January 6 coup attempt, the Big Lie about the 2020 election, or former President Donald Trump’s grip on the Republican Party.

Authors focused on the Iowans in Congress eighteen times, with Senator Chuck Grassley the leading subject.

Seventeen commentaries offered advice for the Iowa Democratic Party or Democrats generally in light of mostly disappointing election results here in 2020.

Candidates for state, federal, or local offices (or their supporters) wrote nineteen posts during the year.

Authors covered many other issues, from reproductive rights to the environment, and occasionally reviewed lesser-known historical events in Iowa or on a national scale.

I’m proud to provide a platform for progressive views and grateful for the hard work that went into creating these pieces, most of them published only at Bleeding Heartland.

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Donald Trump unlocked revolving door for Terry Branstad

Former U.S. Ambassador Terry Branstad and his former chief of staff in Beijing, Steve Churchill, recently formed a consulting group to provide “strategic insight and solutions to corporate leaders and investors conducting business in China and the United States.”

Countless former diplomats who served presidents of both parties have traveled the same path after leaving government service. Thanks to former President Donald Trump, Branstad was able to start cashing in a year early.

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How forecasters see Iowa's 2022 Congressional races

As election year approaches, the leading national political forecasters have updated their analysis of the coming U.S. Senate and House elections. Larry Sabato’s Crystal Ball revised its House ratings on December 16, while Inside Elections with Nathan Gonzales and the Cook Political Report did so on December 28 and December 29, respectively.

The consensus is that Republicans are favored to win most of Iowa’s Congressional races, but the one House district held by a Democrat is a toss-up.

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Court ruling good for open records, bad for Kim Reynolds

A Polk County District Court has rejected the state’s motion to dismiss part of Polly Carver-Kimm’s wrongful termination lawsuit against the state of Iowa, Governor Kim Reynolds, her former communications director Pat Garrett, and several senior Iowa Department of Public Health (IDPH) officials.

Carver-Kimm handled press contacts and public records requests for the IDPH for thirteen years before being forced to resign in July 2020. She asserts that she was “stripped of her duties and later terminated after she made repeated efforts to comply with Iowa’s Open Records law (Chapter 22) by producing documents to local and national media regarding the State of Iowa’s response to the ongoing pandemic.”

District Court Judge Lawrence McLellan’s December 22 ruling (enclosed in full below) affirmed the importance of the open records law and rejected the state’s effort to remove Reynolds as a defendant in this case.

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Vaxxing, Trump, and JFK

Dan Piller reviews presidential attitudes toward public health and physical fitness.

If you needed a good laugh during the hassle of Christmas weekend, one could be had by watching the sudden fracture of Donald Trump and the nation’s anti-vaccine cult. This surprising development came about during a Trump podcast interview with Candace Owens, for whom no conspiracy theory is too outrageous.

Trump and Owens should have enjoyed a convivial chit-chat, but the former president took issue with Owens’ anti-vaccine sentiments. Trump’s Operation Warp Speed initiative to give us COVID-19 vaccines was arguably the highlight of his otherwise inept presidency. Even President Joe Biden has praised it.

Owens uncharitably attributed Trump’s pro-vaccine sentiment to his being “too old” to find websites that give alternatives to vaccinations, which probably will prove sufficient for her to be turned away for good at the Mar-a-Lago main gate.

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"Get Big or Get Out": An American horror story

C.J. Petersen is a “dirt road Democrat” and rural organizer.

In the 1987 movie Wall Street, Gordon Gekko quipped that “Greed, for lack of a better word, is good.” Since that time, the American family farm—defined by farm economist and researcher Alicia Harvie as a farmer “who makes the management decisions, provides the bulk of the labor on the farm, and looks to make all or most of their living from farming,” has been on the decline.

Corporate agriculture revenues have been on the rise, reaching record profits even amidst a once-in-a-century global pandemic. Lax enforcement of antitrust laws in the agricultural sector of the economy has harmed family farms and led to the corporate consolidation of the industry, resulting in increased costs and the hollowing out of rural communities.

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Where things stand in the Iowa Democratic race for governor

Since State Auditor Rob Sand ruled out running for governor earlier this month, I’ve been meaning to catch up on the Democratic candidates who have been actively campaigning against Kim Reynolds: State Representative Ras Smith and Deidre DeJear, the 2018 nominee for secretary of state.

The field may not be set; many Democrats believe at least one other candidate will join the governor’s race early next year. Recent speculation has centered around State Representative Chris Hall. The six-term Iowa House Democrat from Sioux City, who is ranking member on the House Appropriations Committee, has not announced whether he will seek re-election or run for higher office in 2022. Hall declined to comment for the record when I reached out to him shortly after Sand confirmed he’ll run for state auditor again.

This post will focus on bases of support for Smith and DeJear. We’ll know more about their capacity to run a strong statewide campaign after candidates disclose how much they’ve raised and spent this year. Those reports must be filed with the Iowa Ethics and Campaign Disclosure Board by January 19.

Bleeding Heartland is unlikely to endorse any candidate before the primary, but I welcome guest commentaries advocating for any Democratic contenders. Those wanting to learn more about the options should tune in to the Iowa Unity Coalition’s gubernatorial candidate forum on January 22 in Des Moines; both Smith and DeJear have agreed to participate.

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State appeals ruling on law targeting trans Iowans

The Iowa Department of Human Services (DHS) is appealing a Polk County District Court ruling that found the state law and policy designed to deny Medicaid coverage for gender-affirming surgery are unconstitutional. The state filed notice of its intent to appeal on December 17, near the end of its 30-day window to do so following the District Court’s decision in November.

The Iowa Attorney General’s office had no comment on the appeal. Governor Kim Reynolds’ office also had no comment on why the governor is determined to prevent transgender Iowans on Medicaid from receiving medically necessary care approved by their doctors.

Plaintiffs Aiden Vasquez and Mika Covington have been waiting for years to obtain surgery and first challenged the state law in court within weeks of Reynolds signing the provision into law in May 2019.

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Iowa House district 42 preview: Heather Matson vs. Garrett Gobble

A rematch is coming in one of the last cycle’s closest Iowa House races.

Heather Matson announced on December 17 that she will run in the new House district 42, covering part of Ankeny. The Democrat represented the current House district 38 for two years before losing to GOP challenger Garrett Gobble in 2020.

While Gobble has not formally launched his re-election campaign, he posted on Facebook in October, “I look forward to getting to know the constituents of my new district!”

Both parties will likely spend heavily on this race.

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Abdul-Samad likely to be Iowa's longest-serving Black legislator

State Representative Ako Abdul-Samad will seek a ninth term in the Iowa House, he announced on Facebook on December 19. He said he decided to run for re-election in House district 34 following “deep thought” and conversations with many constituents of all ages.

Abdul-Samad will be heavily favored in next year’s election. If he wins in 2022, he will become the longest-serving of the nineteen Black Iowans who have served in the state legislature since 1965. Former State Representative Helen Miller represented the Fort Dodge area for sixteen years before retiring in 2018.

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We're suing Governor Reynolds over open records violations

The ACLU of Iowa filed suit on December 16 on behalf of three reporters and three media organizations over Governor Kim Reynolds’ long-standing failure to comply with Iowa’s open records law. The lawsuit cites five unfulfilled requests submitted by me, two submitted by Clark Kauffman of Iowa Capital Dispatch, and one submitted by Randy Evans of the Iowa Freedom of Information Council.

I’ve been seeking some of those records for more than a year. My oldest outstanding request, for video messages the governor may have recorded for meatpacking plant employees during the early weeks of the pandemic, dates to April 2020. Although Reynolds told members of the Iowa Capitol Press Association in January 2021 that she would commit to having her staff respond to open records requests “in a timely manner,” her office continues to stonewall.

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Murguia-Ortiz, Van Cleave running in Iowa Senate district 17

An unusual race is shaping up in a solid blue Iowa Senate district with no incumbent.

Normally, the Democratic nominee in a district covering parts of Des Moines would be a lock to win in November. But community organizer Alejandro Murguia-Ortiz will run in the new Senate district 17 as an independent candidate on a progressive platform.

The Democratic field is nowhere near set; the first candidate likely to make a formal announcement is Grace Van Cleave.

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EMILY's List to play in Iowa; won't commit to positive Senate race

One of the leading Democratic-aligned political action committees endorsed three Iowa candidates this week. EMILY’s List, which backs pro-choice Democratic women seeking federal, state, or local offices, endorsed U.S. Senate candidate Abby Finkenauer on December 15 and U.S. House candidates Christina Bohannan and Liz Mathis in the new first and second Congressional districts on December 16.

The PAC endorsed U.S. Representative Cindy Axne for re-election in the third district in March.

This week’s announcements were no surprise, since EMILY’s List supported Axne and Finkenauer in their 2018 and 2020 U.S. House campaigns, and said in April that Senator Chuck Grassley was one of three Republicans the group planned to target in 2022 Senate races.

Backing from EMILY’s List helps candidates raise money through the organization’s large network of donors. Perhaps more important, it indicates the group is prepared to pay for advertising on behalf of endorsed candidates or against their opponents.

The big question is whether EMILY’s List will keep its messages positive before the June 2022 Senate primary, or also target Democratic rivals. I couldn’t get an answer from the group yesterday.

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Where are they now? Caitlin Pedati edition

Iowa’s former State Medical Director Dr. Caitlin Pedati began working last week as Virginia Beach Health District Director, the city of Virginia Beach announced on December 10.

Jason Clayworth reported on December 14, “Pedati’s new gig is a recently created position that pays $190,000 a year, according to records obtained by Axios Monday.” He noted that was substantially less than Pedati’s annual salary in Iowa. The state employee salary book lists Pedati’s annual gross pay at $229,545.41 for fiscal year 2020 and $282,131.62 for the 2021 fiscal year.

Governor Kim Reynolds’ disaster emergency proclamations allowed state employees who normally would not be eligible for overtime pay to receive it for work related to the COVID-19 response. Bleeding Heartland reported last year that Pedati received more than $55,000 in overtime pay from March through early July 2020. Documents I received through a subsequent public records request showed that Pedati collected a total of $67,653.29 in overtime pay during the first six months of the pandemic.

Pedati grew up in the Virginia suburbs and attended college and medical school in the Washington, DC area. So it’s not surprising she would want to return to her home state—even for a lower salary—after four and a half years in the Midwest.

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Staff say Grassley unaware of PowerPoint on coup attempt

U.S. Senator Chuck Grassley was not among the Republican senators who were reportedly shown a PowerPoint presentation on January 4 that laid out options for subverting a peaceful transfer of power to President Joe Biden, the senator’s staff told Bleeding Heartland on December 13.

Mark Meadows, who served as chief of staff to former President Donald Trump, turned over the document to the U.S. House select committee investigating the January 6 attack on the Capitol. Hugo Lowell reported for The Guardian on December 10,

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"Admiral on the bridge!"

Ira Lacher: Mike Franken has deliberately avoided labeling himself a “centrist” or “moderate.” But Saturday, there was no doubt where he stood.

On December 11, I attended a meet-and-greet, intending to be introduced to retired Vice Admiral Michael Franken, one of the Democrats running against Senator Chuck Grassley. Instead, I was introduced to Jean-Luc Picard.

It’s not hard to imagine Franken — a 64-year-old rural Sioux County native, who emerged from a working-class family of nine kids in a landlocked state to attain the rank of three-star admiral without attending the Naval Academy — on the bridge of the starship USS Enterprise.

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Another Democrat retiring in deep blue Iowa House district

State Representative Jo Oldson will not seek re-election in 2022, she informed constituents in an email newsletter on December 9. “With re-apportionment now settled,” she wrote, “I believe it’s the right time for me to step aside and provide an opportunity for new leaders to step forward. While this decision wasn’t easy for me, it’s time to retire and enjoy more time with my husband Brice and our family.”

First elected to the Iowa House in 2002, Oldson served as minority whip in 2019 and 2020 and was the ranking member of the Commerce Committee during this year’s legislative session.

Her decision opens up a third strongly Democratic Iowa House district in Des Moines.

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Iowa State Patrol fatality involved vehicle model with "inadequate" headlights

John Morrissey is a freelance writer in Des Moines.

Iowa State Trooper Ted Benda, who died of injuries suffered in a single-vehicle crash on October 14, had been driving a vehicle rated by a national standards organization as having poor-performing headlights.

The Iowa State Patrol reviews a variety of information about vehicles it purchases, spokesperson Sgt. Alex Dinkla told Bleeding Heartland. The department has received “no complaints” about vehicle headlights, he said. The Iowa State Patrol has not yet issued its final crash report; Dinkla suggested it may take weeks or months to complete.

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Amid COVID-19 surge, state orders traveling nurses for Iowa hospitals

As Iowa’s COVID-19 hospitalizations reach levels not seen since December 2020, the state is contracting for 100 traveling nurses and respiratory therapists to be deployed in hospitals around Iowa.

Iowa Department of Public Health spokesperson Sarah Ekstrand did not list the participating hospitals but said in a December 7 email that the deployment will support seventeen facilities “that provide 1, 2, and 3 Trauma Level care.”

Communications staff for Mercy Cedar Rapids, MercyOne (which operates hospitals in Des Moines, West Des Moines, Dubuque, Clinton, Sioux City, Mason City, and Waterloo), Genesis Health System in Davenport, and UnityPoint’s Allen Hospital in Waterloo confirmed to Bleeding Heartland that they will receive some of the staffing assistance. UPDATE: The full list can be found at the end of this post.

Ekstrand said the deployment “will enhance capacity, reduce ED [emergency department] wait room times, facilitate additional transfers of critically ill patients and reduce strain at lower level trauma care facilities allowing their teams to focus on care for those who are less critically ill.”

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Iowa Senate district 14 preview: Sarah Trone Garriott vs. Jake Chapman

Democratic State Senator Sarah Trone Garriott confirmed on December 1 that she will move to Dallas County and seek re-election in the new Iowa Senate district 14. Her decision sets up a potential 2022 race against Iowa Senate President Jake Chapman, the second-ranking Republican.

Chapman has not confirmed his plans. But in a December 2 Facebook post, he hinted that he will stay in the suburban swing district where he now lives. (I expected him to move to a nearby district that is safe for the GOP, as Senate Majority Leader Jack Whitver is doing.)

A race between Chapman and Trone Garriott would likely be one of next year’s most expensive Iowa legislative campaigns, and would be closely watched for signs of political change in the suburbs.

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Srinivas, Bagniewski running for Iowa House seats in Des Moines

The Iowa House Democratic caucus is poised to have more turnover than usual after the 2022 election, as the new legislative map created open seats in some solid blue areas, and several sitting lawmakers have confirmed they won’t seek re-election.

In Des Moines, Megan Srinivas and Sean Bagniewski are the first Democrats to begin campaigning in two House districts where the winner of the June primary is virtually guaranteed to be elected next November.

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State concedes masks needed around some students with disabilities

The Iowa Department of Education has conceded that facial coverings may be required in some school settings to ensure students with disabilities have equal access to educational opportunities.

In a December 1 order distributed to Area Education Agencies, agency officials determined that the federal Individuals with Disabilities Education Act (IDEA) allows schools to make an exception to a state law that generally bans mask mandates, if a student’s Individualized Education Programs (IEP) team finds masking is needed for that child to receive the education federal law guarantees.

However, the department’s order said the IDEA does not require public schools to adopt district-wide mask mandates.

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Grassley blocks bill on universal background checks

U.S. Senator Chuck Grassley on December 2 blocked Senate debate on a bill that would require background checks on all firearms sales. Democratic Senator Chris Murphy of Connecticut requested unanimous consent to proceed with debating the bill, known as the Bipartisan Background Checks Act of 2021, following the latest horrific mass shooting at a school, which ended the lives of four Michigan high school students.

Everytown for Gun Safety explains that current federal law “requires a background check on a prospective gun buyer only when the seller is a licensed gun dealer, leaving all other sales—such as unlicensed gun sales negotiated over the internet—unregulated and with no background check required.” Under this proposal, “unlicensed sellers would meet their buyers at a licensed gun dealer, who would run a background check using exactly the same process already used for sales from their own inventory.”

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Pawn takes queen

Ira Lacher ponders the possible fallout from a U.S. Supreme Court ruling that undermines reproductive rights.

When my wife and I consider a major home project, such as a kitchen or bathroom remodel, we apply the principle I call “pawn takes queen.” As in chess, the idea is to consider several moves ahead so as to anticipate the ramifications. If we knock down a wall to open up the kitchen, where do we put the stove? Will we need to add new gas lines? Where? How much time and disruption will that add? And so on.

America may have to apply that principle if, as widely predicted after oral arguments December 1, the U.S. Supreme Court upholds Mississippi House Bill No. 1510M, which bans nearly all abortions after fifteen weeks of pregnancy.

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Top Iowa Senate Republican afraid to run in swing district

Iowa Senate Majority Leader Jack Whitver announced on November 29 that he will seek re-election in 2022, but not in the Ankeny-based district he has represented since 2011.

In a news release, Whitver bragged about keeping his promises “to implement conservative budgets, reduce taxes and put pro-growth policies into place,” while “funding education” and supporting law enforcement “with bold reforms.”

But the top Senate Republican isn’t confident enough to let the Iowans who know him best judge his record. Instead of running in the new Senate district 21, where he now lives, Whitver will flee to safer GOP territory in Senate district 23.

Whitver’s decision closes one door for the second-ranking Senate Republican, Jake Chapman, who was also placed in a swing suburban district following redistricting.

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Tiffany O'Donnell continues GOP winning streak in Cedar Rapids

Cedar Rapids residents elected yet another Republican mayor on November 30, as former television news anchor and Women Lead Change CEO Tiffany O’Donnell defeated Amara Andrews by 13,479 votes to 6,358 (67.8 percent to 32.0 percent), according to unofficial results. As is typical for runoff elections, turnout was lower today at 21.4 percent of registered voters than in the November 2 election (28.1 percent turnout).

After receiving about 42 percent of the vote on November 2, O’Donnell appears to have consolidated support from almost all residents who preferred outgoing Mayor Brad Hart. He and Andrews both received about 28 percent of the vote four weeks ago.

O’Donnell is the fifth Republican (including Hart) to be elected mayor of Iowa’s second-largest city since 1996. Only one Democrat (Kay Halloran) has won Cedar Rapids’ highest office during the same period.

While it was logical for Andrews to run as a progressive Democrat in a city that generally favors Democratic candidates, in retrospect it looks like a strategic error for her campaign to focus on her opponent’s Republican ties. For whatever reason—I’d welcome insight from locals—a lot of Democratic-leaning voters in Cedar Rapids are comfortable with Republican mayors.

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Cedar Rapids mayoral race offers contrast in values, priorities

Cedar Rapids residents will elect either Amara Andrews or Tiffany O’Donnell to be city’s third woman mayor on November 30. O’Donnell received about 42 percent of the votes cast in the November 2 general election. Andrews advanced to the runoff with about 28 percent of the vote, just 41 votes ahead of outgoing Mayor Brad Hart, who endorsed O’Donnell the following week.

While O’Donnell has to be considered the favorite going into Tuesday, the general election leader has lost Cedar Rapids runoff elections at least two times in the recent past. Anything can happen in a low-turnout race, and voter participation usually drops in runoffs.

Although Iowa’s local elections are nonpartisan, some candidates have revealed their party affiliations as one way of expressing their values. Andrews has been campaigning as a progressive Democrat who will make the city more equitable and fair. In contrast, O’Donnell has downplayed her Republican affiliation and presented herself as a candidate for “all of Cedar Rapids.”

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Honor Thanksgiving spirit by respecting Indigenous people

Sometime during the fall of 1621, white European settlers at Plymouth held a harvest feast, attended by some Wampanoag, one of the Indigenous peoples living in the area. Almost everything else you learned about that “first Thanksgiving” was wrong.

The Pilgrims didn’t invite the Wampanoag to share their bounty. Some historians now believe the Native men came because they heard gunshots and assumed the settlement was under attack. (They had formed an alliance with the European settlers in the spring of 1621.) Another theory is that the warriors showed up “as a reminder that they controlled the land the Pilgrims were staying on and they vastly outnumbered their new European neighbors.”

According to Thanksgiving myths, the Pilgrims expressed gratitude for Wampanoag who taught them how to grow or find food in their new surroundings. In reality, “Their role in helping the Pilgrims survive by sharing resources and wisdom went unacknowledged that day, according to accounts of the toasts given by Pilgrim leaders.”

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Court finds law targeting trans Iowans unconstitutional

For Aiden Vasquez and Mika Covington, the news was life-changing. Polk County District Court Judge William Kelly ruled on November 19 that Iowa’s law designed to deny Medicaid coverage for gender-affirming surgery “violates the equal protection clause of the Iowa Constitution.”

He ordered the Iowa Department of Human Services to change a longstanding regulation “excluding coverage for sex reassignment surgery” and said the agency must apply the revised rule to allow “transgender individuals coverage under Iowa Medicaid for medically necessary gender affirming surgery for the treatment of Gender Dysphoria and other relevant diagnoses.”

Vasquez and Covington are transgender Iowans who qualify for Medicaid and have been unable to obtain the health care they need for years. They have been seeking legal redress since soon after Governor Kim Reynolds signed the discriminatory statute in May 2019.

Naturally, not everyone was happy with what the ACLU of Iowa’s legal director Rita Bettis Austen described as a “historic win for civil rights in Iowa.” Soon after the court ruling was published on November 22, Reynolds’ spokesperson Alex Murphy told reporters, “The governor’s office is disappointed in today’s decision and disagrees with the district court’s ruling on Medicaid coverage for transgender reassignment surgeries.”

Reynolds echoed the sentiment when speaking to reporters on November 23: “Of course we were disappointed with the ruling and disagree […] My legal team is looking at it. There will be more to come later on. We’re still looking through it and trying to determine what our options are.”

She should stop fighting this battle.

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