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.

Brenna Bird wasted no time putting her mark on the Iowa Attorney General’s office. Big changes commenced before the Republican’s formal swearing in on January 5.

Fourth in a series interpreting the results of Iowa’s 2022 state and federal elections.

Many people have asked why Iowa experienced the red wave that didn’t materialize across most of the country. While no one factor can account for the result, early signs point to turnout problems among groups that favor Democratic candidates.

Although this year’s turnout was the second-highest in absolute numbers for an Iowa midterm, participation was down about 8 percent compared to the 2018 general election. The number of Iowans who cast ballots this year (1,230,416) was closer to the 2014 level (1,142,311) than to the high-water mark of 1,334,279, reached four years ago.

My impression is that the decline in turnout was not evenly distributed, but was more pronounced among registered Democrats than among Republicans, who have long been more reliable midterm voters in Iowa.

That alone could account for the narrow defeats of U.S. Representative Cindy Axne (who lost to Zach Nunn in the third Congressional district by 2,145 votes, a margin of 50.3 percent to 49.6 percent), Attorney General Tom Miller (lost to Brenna Bird by 20,542 votes, 50.8 percent to 49.1 percent), and State Treasurer Michael Fitzgerald (lost to Roby Smith by 30,922 votes, or 51.3 percent to 48.7 percent).

Bruce Lear: Voters must stop reacting to red meat appeals and start voting like compromise isn’t a dirty word.

A few times during my career, a problem-solving meeting morphed into a scene from the Walking Dead. 

Adrenaline surged and the sides shifted into attack mode. Anger trumped reason. Both sides worked to score a knockout. By the end, no one remembered why we met. Everyone was hungover from anger and worn out from attacks. Nothing was solved.

What happened in those meetings reminds me of what our elections have become. Based on recent polling, it’s not a surprise. 

According to a recent NBC News nationwide poll, 80 percent of Democrats and Republicans “believe the political opposition poses a threat that, if not stopped, will destroy America as we know it.”

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.

“It could be worse.”

At the start of 2022, friends may have uttered those four words to console or comfort us.

As the midterm elections approach, those four words may be prophetic.

Every election in a democracy —from township to presidency — is threatened by voters who are ill-informed, misinformed, and/or uninformed.

When Governor Kim Reynolds made news in May by pleading with supporters to help her get her “own” attorney general and a state auditor who wouldn’t scrutinize her actions, Republican Party of Iowa state chair Jeff Kaufmann defended the appeal. In a written statement, Kaufmann said the governor “should be promoting Republican candidates up and down the ticket,” because “Iowans know how worthless our current state auditor, state treasurer and attorney general have been.”

But since Mary Ann Hanusa (the insiders’ pick for state auditor) unexpectedly lost the GOP primary in June, top Iowa Republicans have done virtually nothing to support the party’s nominee Todd Halbur. He goes into the home stretch of the campaign with little money or media exposure. Meanwhile, the incumbent Rob Sand is on track to spend more than a million dollars on various forms of advertising.

Halbur did not respond to phone or email messages seeking comment on the lack of support from his party, and whether it’s related to the whistleblower lawsuit he filed, naming one of Reynolds’ appointees.

Bruce Lear highlights misguided messages in Republican attorney general candidate Brenna Bird’s tv ad, now airing in heavy rotation.

The old saying, “Imitation is the sincerest form of flattery,” seems true. TV executives find the formula for a hit medical show and then order five more imitators. If one Marvel movie superhero captures our imaginations, why not dig a little deeper into the comic book vault for a dozen more?

Political commercials also imitate. For example, how many right-wing politicians shooting guns can the voters watch? How many east or west coast politicians running for president do Iowans need to see dressed in flannel shirts sitting on bales of hay proclaiming their undying love for ethanol? If it worked once, consultants repeat, repeat, and repeat again.

One political imitation ad recently caught my attention. It tries to catch the vibe of Joni Ernst’s “Make ’em squeal” ad from her first U.S. Senate campaign in 2014. Shock the viewer with crude humor, but with smiles all around. After all, if it worked for a little-known state senator from Red Oak, maybe it will work for a little-known county attorney from Guthrie County.

Politicians love spending time at the Iowa State Fair, and many candidates for state and federal offices made multiple visits this year. But in a break with a long-running practice, Republicans seeking statewide and federal offices mostly shunned the Des Moines Register’s Political Soapbox.

Just three of the eleven GOP candidates invited to the Soapbox were willing to devote 20 minutes of their state fair visit to a public speech outlining their agenda. Every elected Republican official steered clear.

Avoiding the Register’s platform is another sign of growing Republican hostility toward traditional Iowa media. Other recent examples: some GOP candidates refused to meet with high-profile editorial boards in 2018 and 2020, and Iowa Senate leaders abandoned more than a century of tradition to kick reporters off the chamber’s press bench this year.

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 filing deadline for campaign finance disclosures is always an exciting day for political reporters. My plan for this week was to write a series of posts about fundraising and spending for each of Iowa’s statewide races: governor, attorney general, state treasurer, secretary of state, state auditor, and secretary of agriculture.

I shifted gears after reviewing the latest reports for Governor Kim Reynolds and Deidre DeJear, the only Democrat actively campaigning for governor.

Unless things change dramatically in the coming months, Reynolds will be able to use most of her war chest to help down-ballot Republicans.

Guthrie County Attorney Brenna Bird launched her second campaign for Iowa attorney general on January 4. Although her Democratic opponent will be Attorney General Tom Miller, Bird signaled that her strategy will be to run against two Democratic presidents.

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.

Governor Kim Reynolds will hold less frequent press conferences for the duration of this year’s campaign, her staff acknowledged this week after persistent questioning by political reporter Barbara Rodriguez. The governor’s spokesperson downplayed the significance of abandoning the weekly presser, an Iowa tradition Governor Bob Ray established and Terry Branstad and Tom Vilsack maintained. All public events on Reynolds’ schedule would provide opportunities for journalists to ask questions, Rodriguez was told on July 31.

That promise didn’t hold up well. The very next day, Reynolds read carefully from written remarks when announcing District Court Judge Susan Christensen as her choice for the Iowa Supreme Court. Christensen briefly thanked her family, friends, and colleagues, and promised to support the constitution. End scene, with no question time for the assembled media. The governor’s staff also ignored my written inquiry related to the Supreme Court appointment.

It’s not hard to guess why Reynolds would block journalists from asking her or Christensen about the process for selecting the first new justice to join Iowa’s high court in seven and a half years.

What a difference two election cycles makes. After going all in against longtime Attorney General Tom Miller in 2010 and making a token effort to defeat him in 2014, Iowa Republicans did not even nominate a candidate for attorney general at their June 16 state convention.

It’s an embarrassing capitulation for a party whose leaders relentlessly and dishonestly bashed Miller during last year’s controversy over Governor Kim Reynolds’ constitutional authority to name a new lieutenant governor.

Both major parties held district conventions on April 28. One encouraging sign from the Iowa Democratic Party’s proceedings: activists are much more energized this year than usual. Every delegate slot was filled in all four Congressional districts. Quite a few alternates (including myself) did not receive credentials. According to former State Senator Jack Hatch, it was only the second time in 40 years that an IA-03 district convention “packed a full slate of delegates.” State party chair Troy Price observed in a Facebook post, “Typically, in a non-Presidential year it is a struggle to reach quorum, and this year we had more people than spots available.”

All of the district convention delegates elected at county conventions in March are automatically delegates for the state conventions in June. So the main order of business yesterday was choosing members of each party’s State Central Committee.

Both Democrats and Republicans will have lots of new faces on their governing bodies. But Democrats mostly missed an opportunity to elect leaders who reflect the diversity of the party’s base.

Iowa will soon have its first new secretary of agriculture since 2007. The U.S. Senate confirmed Bill Northey on February 27 as undersecretary for farm production and conservation at the U.S. Department of Agriculture. He should have been confirmed months ago; senators on the Agriculture Committee unanimously endorsed his nomination in October. But Senator Ted Cruz of Texas held the nomination over a Renewable Fuel Standard dispute that has nothing to do with Northey’s portfolio.

Once Northey resigns as Iowa secretary of agriculture, Governor Kim Reynolds will appoint his longtime deputy Mike Naig to fill that post for the rest of this year, the governor’s office announced on March 1. I enclose Naig’s official bio below. One of five Republicans who have said they will run for Northey’s job, Naig formally launched his campaign for that office on March 2. At this writing, only Craig Lang has qualified for the primary ballot. Other declared GOP candidates are Ray Gaesser, Chad Ingels, and Dan Zumbach. UPDATE: Northey posted on Twitter March 6, “I heartily endorse Mike Naig as our next Iowa Ag Secy. Mike has been a great partner as my Deputy Secy of ag for 4+ yrs. Mike is ready to lead. Let’s elect Mike in June & Nov!”

“There is no civil discourse left and it is really sad,” Governor Kim Reynolds said yesterday, adding, “We ought to be able to debate ideas because that’s how you get to consensus.” Reynolds lamented the “vitriol” that dominates the current “vicious” political climate.

Today the Reynolds/Gregg campaign announced that Representative Steve King will be a co-chair. A written statement described the governor as “humbled by the endorsement” from a “strong defender of freedom and our conservative values” who is “independent, principled, and is fighting the good fight in Washington, D.C.”

You can posture as a consensus-seeker, or you can brag about support from a walking highlight reel of mean-spirited and dehumanizing rhetoric. Not both.

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

Newly-disclosed details about the sex abuse charges filed against former U.S. House Speaker Dennis Hastert caught my attention. As Talking Points Memo’s Josh Marshall explained here, “Without the unending hunt into Bill Clinton’s sex life, you never would have heard of Denny Hastert. It also seems highly unlikely he ever would have had to answer, even in this limited way, for his own past.” While the Monica Lewinsky scandal unfolded, I was covering Russian politics and had many Russian colleagues. They were astounded by the Republican effort to remove Clinton from office. I remember some joking, if only our president (the rarely-seen-in-public Boris Yeltsin) were healthy enough to have an affair.

The big Iowa politics news of the weekend came out of the GOP district conventions on Saturday. Repeating a storyline that has played out elsewhere, Ted Cruz’s campaign destroyed the competition with superior organizing in every part of the state. Cruz didn’t entirely shut out other candidates here the way he did in Colorado, but his supporters took eleven of the twelve Republican National Convention delegate slots. Although Donald Trump has belatedly started to build a serious RNC delegate strategy, his campaign’s efforts leading up to this weekend in Iowa were remarkably incompetent. Cruz’s team have been preparing for a prolonged delegate battle since last summer and have executed the strategy well lately.

Trump still hits the magic number of 1,237 delegates (an overall majority) in most of the scenarios guest author fladem played out this week (most recently updated here). Sam Wang showed at the Princeton Election Consortium that current polling still indicates Trump could clinch the nomination on June 7–though Cruz has been over performing his poll numbers lately, which increases the chance of a brokered convention. The Cruz sweep of Colorado delegates and near-sweep of Iowa’s GOP district conventions are a reminder that the first ballot at the RNC in Cleveland may be Trump’s only chance for the nomination.

More links and commentary about the district conventions are after the jump.

A unanimous Supreme Court ruling against your position is usually a sign that your legal arguments lack merit. But Governor Terry Branstad hasn’t learned that lesson from his administration being on the wrong end of not one, not two, but three unanimous Iowa Supreme Court rulings.

Last week, the court ruled with no dissenting justices that Iowa’s ban on using telemedicine to provide abortion services is unconstitutional. Three of the justices who concurred in the decision are Branstad appointees (Chief Justice Mark Cady and Justices Edward Mansfield and Thomas Waterman). Two of them–Waterman and Mansfield–have demonstrated in previous cases that they are reluctant to substitute their judgment for that of executive branch bodies responsible for rulemaking. Yet Branstad not only rejects the reasoning underlying the telemedicine ruling, but also refuses to accept legal experts’ determination that his administration cannot appeal the decision to the U.S. Supreme Court.  

The Iowa Supreme Court ruled unanimously yesterday that Iowa’s ban on the use of telemedicine to provide abortion services was unconstitutional because it imposed an “undue burden” on women seeking an abortion. You can read the whole ruling here (pdf). I’ve posted highlights after the jump, along with some reaction to the decision from both sides in the debate.

A few points are worth remembering.

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

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

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

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

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

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