Sami Scheetz represents Iowa House district 78, covering part of Cedar Rapids.

In a few short weeks, my wife and I will welcome a baby girl into our family. It’s the best feeling in the world. It’s also terrifying: as a father, I’m faced with the prospect that I’ll raise a daughter in a state where she has less freedom than her grandmother enjoyed.

Yet that’s exactly what an extreme, partisan majority on Iowa’s Supreme Court decided last week. Four unelected judges substituted their will for the will of the people of Iowa to let Governor Kim Reynolds’ and the Republican legislature’s near-total abortion ban take effect.

Like so many Iowans, I’m heartbroken, upset, and angry over the June 28 decision. I’ve heard from constituents who are wondering whether Iowa is the best place to raise their families—especially in light of Attorney General Brenna Bird’s recent appearance with extremists who vow to ban IVF treatments and contraception next, and her promise that “there is work left to be done” on this issue.

“Nothing promotes life like a forced hysterectomy preventing a woman from ever becoming pregnant again because she could not terminate a doomed pregnancy under the medical emergency exception,” wrote Iowa Supreme Court Chief Justice Susan Christensen near the end of her dissenting opinion in Planned Parenthood v Reynolds VI.

In that case, four Iowa Supreme Court justices ruled on June 28 that the state can enforce a near-total abortion ban (House File 732) while litigation proceeds in lower court. Reversing a Polk County District Court ruling, the majority determined the plaintiffs were not likely to succeed in showing the ban violates pregnant Iowans’ due process rights. The majority also declared that abortion restrictions are subject to “rational basis” review, which will make it far easier for the government to defend the law against the plaintiffs’ other constitutional claims.

Writing in dissent, the chief justice illuminated the suffering that will follow from this “giant step backward” for Iowa women. An equally remarkable opinion by Justice Edward Mansfield—the author of the 2022 decision that overturned Iowa’s abortion rights precedent—warned that the majority’s new approach to abortion cases “disserves the people of Iowa and their constitution.”

John Kearney is a retired philosophy professor who taught at Saint Joseph’s University in Philadelphia, Pennsylvania. He has lived in Waterloo, Iowa for the past six years.

U. S. Supreme Court Justice Samuel Alito, writing for the conservative majority in the landmark 2022 Dobbs case (which overturned the Roe v. Wade precedent), concluded his opinion by saying:

“In my judgment, on the issue of abortion, the Constitution is nether pro-life nor pro-choice. The Constitution is neutral, and this Court must be scrupulously neutral. The Court today properly heeds the constitutional principle of judicial neutrality and returns the issue of abortion to the people and their elected representatives in the democratic process.”

The legal controversy over Iowa’s near-total abortion ban (House File 732) focuses on whether a “rational basis” or an “undue burden” review of abortion regulations should hold sway. (The Iowa Supreme Court will soon rule on the state’s appeal of a lower court injunction that has blocked the law’s enforcement.)

The president of the Congressional Leadership Fund (the main super-PAC aligned with U.S. House Republicans) congratulated U.S. Representative Mariannette Miller-Meeks on her “resounding victory” in the June 4 primary to represent Iowa’s first district.

U.S. Representative Randy Feenstra hailed the “clear message” from fourth district voters, saying he was “humbled by the strong support for our campaign.”

They can spin, but they can’t hide.

Pulling 55 to 60 percent of the vote against an underfunded, first-time candidate is anything but a “resounding” or “strong” performance for a member of Congress.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

Most people go through life never stepping foot inside a courtroom. Most people, that is, except for attorneys, judges, journalists, the few of us chosen to be jurors, and an even more select group, those who are accused of crimes.

If I were talking now with my dear parents, may they rest in peace, I would quickly assure them that my many days spent in courtrooms have been in a professional capacity, not as a defendant trying to avoid the slammer.

As a reporter and later as the boss of reporters, I have had an up-close vantage point to watch our court system as it works. I claim no special expertise. But 50 years in a ringside seat on the judiciary have given me perspective worth sharing.

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

Attorney General Brenna Bird continues to ignore her critics, doubling down on actions that have drawn criticism. Unfortunately for Iowans, she’s picked a bad model to imitate.

This shoot-yourself-in-the-foot strategy had worked so well for Donald Trump that Bird seems to figure, “Why not give it a try?”

And she’ll likely continue that style, despite the unanimous verdict(s) against Trump in the one trial he has not managed to delay.

Rick Morain is the former publisher and owner of the Jefferson Herald, for which he writes a regular column.

Where does your primary loyalty lie: as a citizen of America, or as a citizen of Iowa?

Probably seems like a meaningless question. But around the nation, more and more states these days are enacting laws in opposition to those of the federal government, placing the loyalty question front and center. And a growing number of U.S. residents are declaring a preference to honor their state laws above those of the United States.

ORIGINS OF THE SUPREMACY CLAUSE

In terms of settled law, there’s no real dispute: federal law outranks state law. The U.S. Constitution leaves no doubt. Article VI, Clause 2 (the “Supremacy Clause”), reads as follows:

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring. He can be reached at BruceLear2419@gmail.com  

Starting in 2016, Netflix streamed Stranger Things, a horror, science fiction series set in a small Indiana town with tweens and teens as main characters. In its four seasons, the audience travels to the “Upside Down,” an alternate universe where bizarre replaces normal.

It’s fun fiction.

But in real life, we have veered into the “Political Upside Down.”

“What I saw in that courtroom today is a travesty,” Iowa Attorney General Brenna Bird told reporters in New York City on May 13. She was speaking outside the courthouse where former President Donald Trump is being tried for allegedly “falsifying business records to conceal hush money paid to porn star Stormy Daniels before the 2016 election.”

The Republican Attorneys General Association (RAGA) organized the trip and paid for Bird’s travel to Manhattan, a spokesperson for Bird’s campaign told reporters after the attorney general declined to answer that question directly.

Ed Tibbetts highlighted Bird’s disrespect for the legal system when she declared the case “a scam and a sham.” Dave Busiek ridiculed Bird’s hypocrisy after she denounced the prosecution’s witness Michael Cohen (“a perjurer, disbarred, convicted of lying”) “without any apparent sense of irony that she’s appearing on behalf of Donald Trump, who lies as easily and frequently as the rest of us breathe.”

It’s also worth noting that Trump loyalists like Bird and RAGA have no room to point fingers about political prosecutions or “election interference.”

Robin Opsahl covers the state legislature and politics for Iowa Capital Dispatch, where this article first appeared.

In their final days of the 2024 legislative session, Iowa lawmakers approved $8.9 billion in state spending for the upcoming year, financing the state government and public services. Most of those decisions now await a thumbs up or down from the governor.

Appropriations bills included funding for topics discussed often this session, like increasing pay for Iowa judges, as well as spending cuts to Area Education Agencies (AEAs), the provider of special education and other school support services in Iowa.

Budget bills can also include policy components. This year, language restricting on diversity, equity and inclusion programs at the state’s public universities was passed as part of the education spending bill.

For the sixth time in the past decade, an abortion-related case is pending before the Iowa Supreme Court.

The only certainty is that the court will issue some majority opinion in the latest iteration of Planned Parenthood of the Heartland v Reynolds. All seven justices participated in the April 11 oral arguments.

The law at issue, adopted during a special legislative session last July, is almost identical to the near-total abortion ban at the center of last year’s case. But after Justice Dana Oxley recused herself from the 2023 litigation, the other justices split 3-3, leaving a permanent injunction on the 2018 abortion ban in place.

In all likelihood, the Iowa Supreme Court will decide before the end of June whether to lift the temporary injunction on the new abortion ban. Normally, it’s not advisable to guess how any justice will rule following oral arguments. We can draw more inferences here, because all seven justices have written or joined opinions that are relevant to the current case.

This post is designed to help readers understand the legal context and key arguments for each side.

State Auditor Rob Sand speaks at a public town hall in Onawa (Monona County) on May 22, 2023. Photo provided by State Auditor’s office.

Rob Sand is Iowa’s state auditor.

Lots of topics get swept under the rug because they’re not comfortable for us to confront. Sometimes we’d rather pretend the problems don’t exist or couldn’t happen in a place like Iowa. But they do, and it can happen anywhere—even in our great state. It is our obligation to confront them in order to solve them.

I’ve always spoken out on behalf of victims of sexual violence. From my time as a prosecutor putting or keeping rapists and pedophiles behind bars, to voting against taxpayer-funded settlements that bail out perpetrators of egregious sexual harassment in my role as a member of the State Appeal Board now that I’m state auditor.

Protester’s sign against a pillar in the state capitol on February 27 (photo by Laura Belin)

What’s the opposite of “loud and proud”?

Iowa House Democrats unanimously voted for the chamber’s latest attempt to address the concerns of landowners along the path of Summit Carbon Solutions’ proposed CO2 pipeline. But not a single Democrat spoke during the March 28 floor debate.

The unusual tactic allowed the bill’s Republican advocates to take full credit for defending property rights against powerful corporate interests—an extremely popular position.

It was a missed opportunity to share a Democratic vision for fair land use policies and acknowledge the progressive constituencies that oppose the pipeline for various reasons.

State Senator Dan Dawson presents Senate File 2349, regarding defense subpoenas, during floor debate on February 27. Screenshot from official video.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

What were they thinking? That is a question I ask myself a lot lately.

Those were the first words out of my mouth when the Manhattan district attorney had to postpone Donald Trump’s New York criminal trial on the alleged hush-money payments to porn star Stormy Daniels — the delay necessitated because government lawyers had dropped the ball.

I muttered those words during several days of court hearings in Georgia into Atlanta prosecutor Fani Willis’ affair with a subordinate prosecutor — the one she chose to lead the criminal case against Trump and a dozen other defendants for trying to undo that state’s 2020 presidential election results.

And those words come to mind about bills the Iowa legislature is considering that would affect criminal cases like those brought against state university athletes for their online wagers on sporting events.

Scott Syroka is a former Johnston city council member.

It’s unclear whether Koch Industries would avoid paying utility replacement taxes worth millions of dollars every year if it acquires OCI Global’s Iowa Fertilizer Company plant in Wever (Lee County).

According to Chuck Vandenberg’s February reporting for the Pen City Current, the Iowa Fertilizer Company plant’s current owner, OCI Global, paid between $2 to 3 million in utility replacement taxes in 2023 alone.

To understand why it’s unknown whether Koch Industries would be required to pay these taxes if it acquires the plant, we must look back in the history books.

After deregulation spread across the country in the 1980s, including in the electric and natural gas industries, the Iowa legislature responded in 1998 by passing Senate File 2146, the Property Tax Replacement and Statewide Property Tax Act.

Screenshot from Alliance Defending Freedom video opposing medication abortion

Clark Kauffman is deputy editor at Iowa Capital Dispatch, where this article first appeared.

Iowa Attorney General Brenna Bird is leading a multi-state effort in demanding that YouTube remove specific abortion-related information from its site.

Bird and fifteen other Republican attorneys general wrote to YouTube this week and demanded that it remove or revise what Bird calls a “dangerous and misleading” label attached to a video that pertains to chemical abortion pills.

The label, Bird says, is “targeting pro-life messages” and contains inaccurate information that jeopardizes women’s health.

Some Iowa news headlines misrepresented an Eighth Circuit Court of Appeals decision on February 27, which resolved a long-running lawsuit over Iowa’s 2021 law banning schools from requiring masks.

“Federal appeals court upholds Iowa law banning school mask mandates,” read the headline on a Cedar Rapids Gazette story, also published in some of the Lee Newspapers.

KCRG-TV’s version (carried by other television stations with the same owner) was titled “Federal appeals court upholds Iowa ban on mask mandates.”

“Appeals court upholds law banning mask mandates in schools,” read the headline on Iowa Capital Dispatch, a website that allows Iowa newspapers to republish its reporting at no charge.

The framing closely tracked written statements from Governor Kim Reynolds and Attorney General Brenna Bird, who hailed the Eighth Circuit decision.

There was just one problem: the appeals court did not “uphold” the law.

Iowa Attorney General Brenna Bird receives an award from the Iowa State Sheriffs’ and Deputies’ Association in December 2023. Photo first published on the Attorney General’s official Facebook page.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

Voters have busy lives—families to care for, jobs demanding their attention, bills to worry about. 

So, they can be forgiven if they do not closely track their government leaders’ statements and actions. Sometimes voters may find discrepancies between what politicians say and what they do.

Here is one example:

Iowa Attorney General Brenna Bird was in the news last week asking Congress to replenish a federal program, the Victims of Crime Act, which assists crime victims in a variety of ways.

From left: Carolyn Jenison, Angelo Thorne, and Tanya Keith attend a Republican precinct caucus in Des Moines on January 15 after changing their party registrations. Photo by Tanya Keith published with permission.

The Iowa Democratic Party will soon send “presidential preference cards” to registered Democrats who would like to vote by mail for Joe Biden, Dean Phillips, Marianne Williamson, or “uncommitted.” Voters will have until February 19 to request the cards, and will need to return them by March 5 (or with a March 5 postmark).

One group of Iowa Democrats should not attempt to vote by mail, however: those who switched parties in order to attend a Republican precinct caucus on January 15.

Continental Resources executive chairman Harold Hamm, center right, is surrounded by Summit representatives during a December 21, 2023 hearing of the North Dakota Public Service Commission. From left to right are Summit Carbon’s general counsel Jess Vilsack; Summit Carbon CEO Lee Blank; Summit Carbon COO James “Jimmy” Powell (seated in the row behind the others); North Dakota Petroleum Council president Ron Ness; Hamm; and Summit Agricultural Group CEO Justin Kirchhoff. (Photo by Kyle Martin, published with permission)

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years.

While billionaire wildcatter and Summit Carbon Solutions investor Harold Hamm appears to be hedging his bets, Bruce Rastetter, founder of Summit Agricultural Group, which launched the CO2 pipeline project, announced his support for Donald Trump during a Bloomberg News roundtable on January 13 in Des Moines. A Summit Agricultural Group news release also announced the endorsement, which came just two days before Trump’s decisive caucus victory in Iowa.

Meanwhile, Trump lambasted former presidential candidate Vivek Ramaswamy, a vocal opponent of using eminent domain to build the Summit Carbon pipeline, in a January 13 post on his Truth Social platform. Trump declared Ramaswamy “not MAGA” and accused him of using “deceitful campaign tricks.” It was the first time the front-runner publicly criticized Ramaswamy, who ended his campaign and endorsed Trump immediately following the Iowa caucuses on January 15.

Before Iowa politics kicks into high gear with a new legislative session and the caucuses, I want to highlight the investigative reporting, in-depth analysis, and accountability journalism published first or exclusively on this site last year.

Some newspapers, websites, and newsletters put their best original work behind a paywall for subscribers, or limit access to a set number of free articles a month. I’m committed to keeping all Bleeding Heartland content available to everyone, regardless of ability to pay. That includes nearly 500 articles and commentaries from 2023 alone, and thousands more posts in archives going back to 2007.

To receive links to everything recently published here via email, subscribe to the free Evening Heartland newsletter. I also have a free Substack, which is part of the Iowa Writers Collaborative. Subscribers receive occasional cross-posts from Bleeding Heartland, as well as audio files and recaps for every episode of KHOI Radio’s “Capitol Week,” a 30-minute show about Iowa politics co-hosted by Dennis Hart and me.

I’m grateful to all readers, but especially to tipsters. Please reach out with story ideas that may be worth pursuing in 2024.

UPDATE: Attorney General Brenna Bird filed notice of appeal to the Eighth Circuit on January 12. Original post follows.

The state of Iowa cannot enforce key parts of a new law that sought to ban books depicting sex acts from schools and prohibit instruction “relating to gender identity and sexual orientation” from kindergarten through sixth grade.

U.S. District Court Judge Stephen Locher issued a preliminary injunction on December 29, putting what he called “staggeringly broad” provisions on hold while two federal lawsuits challenging Senate File 496 proceed. The judge found the book bans “unlikely to satisfy the First Amendment under any standard of scrutiny,” and the teaching restrictions “void for vagueness under the due process clause of the Fourteenth Amendment.”

However, the state may continue to enforce a provision requiring school administrators to inform parents or guardians if a student seeks an “accommodation that is intended to affirm the student’s gender identity.” Judge Locher found the LGBTQ students who are plaintiffs in one case lack standing to challenge that provision, since “they are all already ‘out’ to their families and therefore not affected in a concrete way” by it.

Governor Kim Reynolds and Attorney General Brenna Bird quickly criticized the court’s decision. But neither engaged with the legal issues at hand.

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

If you’re looking for something to quench your thirst for a measure of hope in our democracy, don’t turn to Iowa caucus news for a figurative drink. That well is polluted—to put it mildly—perhaps poisoned, to take a more worrisome view. Given the nature of the campaigns, it looks like the January 15 Iowa Republican caucuses will only make things worse. We may have to hope for redemption of democracy in the November 2024 election.

What’s at stake: the earth’s mightiest nation may have a major-party presidential nominee facing 91 federal or state criminal charges across five indictments. For Donald Trump’s supporters, that rap sheet is not only not disqualifying—it generates more sympathy for the candidate and boos for media coverage of his baggage.

Kim Taylor could face years in prison after a federal jury convicted her on November 21 of 52 counts of voter fraud, voter registration fraud, or giving false information in registering or voting. Over the course of a six-day trial, prosecutors presented evidence Taylor forged signatures on voter registration forms, absentee ballot request forms, and absentee ballots in order to secure votes for her husband in the 2020 election. Prosecutors identified Jeremy Taylor, a Republican who previously served in the Iowa House and is now a Woodbury County supervisor, as an unindicted co-conspirator in the case.

The jury found Kim Taylor helped cast dozens of fraudulent ballots—a large number, but small in comparison to the 45,700 ballots cast in Woodbury County in 2020, not to mention the 1.7 million ballots cast across Iowa.

Which raises an obvious question for all Republicans who have expressly or tacitly endorsed Donald Trump’s sweeping claims that the 2020 election was “rigged” or stolen from him.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

The rationale behind Iowa’s professional licensing laws is simple: People in certain professions and skilled occupations are required to hold state licenses to work in Iowa. The purpose is to ensure they meet the minimum standard of training and skill necessary to serve consumers safely and effectively.

But a state policy change leads me to wonder whether government officials have lost sight of their obligation to act in the best interests of the public. If officials follow through with the new policy in the coming months, then state legislators should step in next year and correct this ill-conceived decision—and concerned citizens should encourage their lawmakers stick up for the public.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Last week, North Dakota Attorney General Drew Wrigley denied a request from three counties in the state to investigate Summit Carbon Solutions’ investors. A new statute in North Dakota, which went into effect on August 1, tightens restrictions on foreign ownership of land in that state, among other measures.

But Summit Carbon Solutions, LLC as it exists today was formed in Delaware in 2021, according to the Iowa Secretary of State’s database of business entities. (That database shows the Summit Carbon Solutions, LLC created in Iowa in 2020 as “inactive.”) Wrigley explained in a recent letter to county commissioners that the effective date of the new legislation means “this office is unable to conduct a civil review of the company.”

Wrigley’s argument underscores one of the more disturbing aspects of the Summit Carbon matter, which is the false premise that state and local governments are powerless to regulate a Delaware LLC whose ownership structure remains largely a mystery, and whose own legal arguments identify the pipeline it proposes to build as a security threat.

Mitch Henry chairs the Iowa Unity Coalition.

Iowa Attorney General Brenna Bird is appealing a judge’s decision that cleared the way for election officials to offer non-English voting materials to the public.

Under Polk County District Court Judge Scott Rosenberg’s June 28 ruling, Iowa counties are allowed, at their discretion, to provide citizens with voting materials (including ballots, voter-registration forms, and absentee ballot request forms) in languages other than English. The decision dissolved a 15-year-old injunction that had blocked Iowa counties from printing the forms in other languages. Former U.S. Representative Steve King was among the plaintiffs in a lawsuit against then Iowa Secretary of State Michael Mauro, which led to the injunction in 2008.

The court’s recent ruling stemmed from a lawsuit the League of United Latin American Citizens of Iowa filed in 2021 to challenge the state’s application of the English Language Reaffirmation Act to election materials.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Late in the afternoon on Friday, August 18, attorney Anna Ryon filed a Motion to Stay Proceedings on behalf of Kerry Mulvania Hirth with the Iowa Utilities Board (Summit Carbon Solutions, LLC, IUB docket number HLP-2021-0001).

In the motion, Ryon asserts that Board staff “improperly coerced Ms. Hirth into relinquishing her right to participate in this proceeding that was granted by the Board on July 19, 2023.” Items 12 to 15 of the motion are reproduced in full below:

Sam Stockard and Anita Wadhwani report for the Tennessee Lookout, which is is part of the States Newsroom network. This article first appeared at Iowa Capital Dispatch.

Iowa Attorney General Brenna Bird is among a coalition warning the nation’s largest companies—many of which have diversity and equity programs—they could face legal action for using race-based policies.

A July 13 letter from Bird and twelve other attorneys general put Fortune 100 companies on notice they could be hit with legal action for violating the U.S. Supreme Court’s ruling in Students for Fair Admissions v. President & Fellows of Harvard College, which put an end to using race as a basis for admitting students to college. The attorneys general are targeting hiring and contracting too.

Ian Miller is the author of The Scything Handbook (New Society Publishers, 2016). His writing has appeared in Mother Earth News, the apparently-now-defunct Permaculture Magazine and Seed Savers Exchange publications. He is a former semi-professional musician, having recorded and toured with numerous bands. Originally from Dubuque, he has lived in San Francisco and Austria and now resides in Decorah with his wife and two children.

On Thursday, May 18, I received an email from the Decorah Community School District’s superintendent. He wrote:

He included what appeared to be copy from a press release provided by Iowa Attorney General Brenna Bird’s office:

Second in a series on under-covered stories from the Iowa legislature’s 2023 session.

During the seven years of the Iowa GOP trifecta, the majority party has often enacted significant public policy through eleventh-hour appropriations bills. Just before adjourning in 2019, Republicans amended spending bills to change the judicial selection process, restrict medical care for transgender Iowans on Medicaid, and block Planned Parenthood from receiving sex education grants.

A lengthy amendment to a budget bill approved in the closing hours of the 2020 session made it harder for Iowans to vote by mail and sought to restrict some companies from bidding on electric transmission lines projects.

The Iowa Supreme Court sent the legislature a message in March, blocking the 2020 provision on transmission lines, on the grounds that it was likely passed through unconstitutional “logrolling.”

Republican legislators weren’t pleased with the ruling known as LS Power, but seem to have adapted to it. This year’s “standings” appropriations bill was relatively short and focused on spending and code corrections—a far cry from the usual “Christmas tree” featuring unrelated policy items from lawmakers’ wish lists.

Nevertheless, many surprises lurked in other bills that allocated spending for fiscal year 2024, which begins on July 1.

This post focuses on seven provisions that appeared in budget bill amendments published shortly before Iowa House or Senate debate. Most of this policy language never appeared in a stand-alone bill, allowing Republicans to avoid the scrutiny that comes with subcommittee and committee discussions. Democratic legislators had little time to review the proposed budgets before votes on final passage, which mostly fell along party lines.

Dr. Thomas Laehn is the Greene County attorney and the only Libertarian to hold an elective partisan office in Iowa. The Des Moines Register published an earlier version of this commentary.

After virtually no meaningful debate and only a single, relatively inconsequential amendment, both chambers of our Republican-controlled legislature approved Governor Kim Reynolds’ massive state government reorganization plan (Senate File 514) within a two-week period. Reynolds signed the bill on April 4.

Unsurprisingly, the new law—which originated in the executive branch—will transfer significant power from the legislature to the governor. Sadly, in both Washington, DC and Des Moines, our legislators (regardless of their party affiliation) have regularly displayed far greater loyalty to their party than to the constitutional system of separated powers to which they swore their allegiance upon assuming office.

While I am thus entirely unsurprised by our Republican legislators’ abdication of their constitutional responsibilities, I am deeply disappointed at their willingness to subvert the local administration of justice in our state in the process. Ironically, the political party that has always claimed to defend local government against those who would otherwise centralize power is systematically stripping our local elected officials—including our county auditors, school boards, and county attorneys—of their discretion.

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

Last week was one to savor. But it also was a week to reflect on how far we still need to travel to have true citizen engagement in our state and local governments.

First, some savoring.

The Iowa League of Women Voters honored me and the Iowa Freedom of Information Council, the nonprofit, nonpartisan education and advocacy organization I lead. The annual Defending Democracy Award means so much—knowing it comes from the organizational descendants of the women who pushed for an amendment to the U.S. Constitution giving women the right to vote and who rallied in countless places across America, including right here in Bloomfield (Davis County), to make that happen.

The Iowa Supreme Court has allowed an open records lawsuit against Governor Kim Reynolds to proceed. In a unanimous decision authored by Justice David May, the court said concerns about executive privilege or non-justiciable political questions did not prevent plaintiffs from pursuing a claim that the governor’s office violated the open records law, known as Iowa Code Chapter 22, by failing to provide public records in a timely manner.

The court also confirmed that government officials and entities cannot sidestep the law’s requirements by ignoring records requests for an extended period. In addition, the decision clarified that electronic records (like other kinds of public records) must be produced within a reasonable time frame.

The Iowa Attorney General’s office is not currently covering the cost of emergency contraception or abortions for Iowans who are victims of rape or sexual assault, Natalie Krebs reported for Iowa Public Radio on April 7.

Iowa law requires the state’s victim compensation fund to pay for a sexual assault victim’s medical examination “for the purpose of gathering evidence,” as well as any treatment “for the purpose of preventing venereal disease.” Under longtime Attorney General Tom Miller, that fund also covered the cost of abortion services or Plan B, medication that prevents ovulation and therefore pregnancy if administered soon enough following unprotected sex.

In a statement provided to Iowa Public Radio, spokesperson Alyssa Brouillet said Attorney General Brenna Bird “is carefully evaluating whether this is an appropriate use of public funds” as part of a broader review of victim assistance programs. Payment of “pending claims will be delayed” until Bird completes her review.

The major pharmacy chain Walgreens has informed Iowa Attorney General Brenna Bird that the company will not dispense a drug commonly used for medication abortions and miscarriage care in the state. Walgreens operates 72 stores in Iowa, according to the company’s website.

Last month, Bird and other Republican attorneys general co-signed a letter warning Walgreens that “federal law expressly prohibits using the mail to send or receive any drug that will ‘be used or applied for producing abortion.’”

Alice Miranda Ollstein reported for Politico on March 2 that Walgreens “has since responded to all the officials, assuring them that they will not dispense abortion pills either by mail or at their brick-and-mortar locations in those states.”

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

An interesting study in contrasts is playing out right now in Iowa. 

One example comes from the Davis County Community Schools in Bloomfield. It is the 96th-largest of Iowa’s 328 public districts, with an enrollment of 1,150 students.

The other example comes from the Iowa legislature and Governor Kim Reynolds. 

The Davis County school board is wrestling with an incredibly difficult decision—whether to hold classes four days a week instead of the traditional five-day-a-week schedule. 

The Iowa Attorney General’s office has issued statements touting several legal actions by Attorney General Brenna Bird, seeking to block various federal regulations.

But when Bird joined a multi-state effort on February 10 to cut off access nationwide to mifepristone, a widely used drug for medication abortions and treatment of first-trimester miscarriages, her office did not announce the decision. Nor has it publicized letters Bird and other Republican attorneys general signed this month, warning at least three corporations about policies or practices related to abortion.

Communications staff for Bird and Governor Kim Reynolds did not respond to Bleeding Heartland’s inquiries about the legal moves. Bird has long said she is “pro-life,” and immediately after taking office pledged to “defend Iowa’s statutes, especially those protecting innocent unborn babies.” But Iowa law permits abortions up to 20 weeks and does not restrict the use of mifepristone.

UPDATE: Although an Iowa Senate Judiciary subcommittee recommended passage of this bill, the full Judiciary Committee did not take it up before the legislature’s second “funnel” deadline on March 31. That means the bill won’t advance this year. Original post follows.

Iowa House members voted overwhelmingly on February 9 to make it easier to counter lawsuits filed in order to chill speech.

House File 177 would create a path for expedited dismissal of meritless claims stemming from exercise of the constitutionally-protected “right of freedom of speech or of the press, the right to assemble or petition, or the right of association […] on a matter of public concern.” Such cases are sometimes called “strategic lawsuits against public participation” (SLAPP), because the plaintiffs’ goal may be primarily to discourage speech or media coverage, rather than to prevail in court.

The Republican floor manager, State Representative Steven Holt, said passing an anti-SLAPP law became a priority for him after the Carroll Times Herald was sued over coverage of a local police officer who had relationships with teenage girls. Holt noted that even though the libel lawsuit was not successful, the newspaper “was left with over $100,000 in debt and nearly went out of business.”

Holt said the bill was about “protecting our small-town newspapers and media outlets.” Democratic State Representative Megan Srinivas also spoke in favor of the bill, saying it was critical to protect journalists, especially those working in small communities.

First in a series analyzing Governor Kim Reynolds’ plan to restructure state government.

Attorney General Brenna Bird would gain direct control over the office charged with representing Iowa consumers on issues related to utilities, under Governor Kim Reynolds’ proposed restructuring of state government.

House Study Bill 126, which lays out the governor’s plan over more than 1,500 pages, contains several provisions undermining the independence of the Office of Consumer Advocate. Iowa House State Government Committee chair Jane Bloomingdale introduced the legislation on February 1.

The Office of Consumer Advocate’s mission is to represent consumers on issues relating to gas and electric utilities and telecommunications services, “with the goal of maintaining safe, reliable, reasonably-priced, and nondiscriminatory utility services.” Much of the office’s work involves matters before the Iowa Utilities Board, which regulates the state’s investor-owned utilities, Alliant Energy and MidAmerican Energy.