Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”

Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)

Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.

I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.

President Donald Trump will soon cast his first veto. The U.S. Senate approved on March 14 a resolution disapproving of Trump’s declaration of emergency powers. All 47 members of the Democratic caucus and twelve Republicans voted for the resolution (roll call). Iowa’s Senators Chuck Grassley and Joni Ernst were among the 41 Republicans to oppose terminating Trump’s power grab.

The U.S. House voted on February 26 to terminate President Donald Trump’s declaration of a national emergency to build a wall that Congress repeatedly declined to authorize or fund. All 232 Democrats present, including Iowa’s Representatives Abby Finkenauer (IA-01), Dave Loebsack (IA-02), and Cindy Axne (IA-03) backed the resolution, joined by thirteen House Republicans (roll call). Representative Steve King (IA-04) was among 182 Republicans who opposed the joint resolution.

In statements enclosed in full below, Finkenauer, Axne, and Loebsack highlighted the need to defend the checks and balances prescribed by the U.S. Constitution, which grants spending power to Congress.

The National Emergencies Act requires a U.S. Senate vote within eighteen days on any House-approved joint resolution to terminate a presidential declaration. Three Senate Republicans have already pledged to vote for the resolution. More than half a dozen others criticized Trump’s decision and seem open to formally rejecting it.

Senators Chuck Grassley and Joni Ernst are not seen as potential supporters of this bipartisan effort. They have never defied the Trump administration and had little to say about the president’s power grab. But given their stature in the Republican caucus and their forceful denunciations of President Barack Obama’s executive actions, Iowa’s senators have an excellent opportunity to show some principles matter more to them than political loyalty.

“Whatever a national emergency may be, that’s not it,” tweeted experienced Supreme Court litigator Neal Katyal, after President Donald Trump admitted during his February 15 press conference, “I didn’t need to do this. But I’d rather do it much faster.”

The courts may stop Trump from using funds appropriated for other purposes to have the military build a wall along the southern border, which Congress has repeatedly declined to authorize. But the president’s warlord-like behavior can still do lasting harm to democratic institutions.

Iowa Republicans in Congress are either unconcerned about this “reckless disregard for the separation of powers” or cheering it on.

Republican lawmakers and Governor Kim Reynolds are poised to give GOP officials and their proxies control over what has been a mostly non-partisan system for choosing Iowa judges since 1962.

Until a couple of months ago, I didn’t realize the Republican trifecta could blow up our judicial selection process in a matter of weeks. The Iowa Constitution spells out how vacancies on the bench are filled, and altering any language in our state’s founding document takes years.

Unfortunately, a time bomb has lurked in Article V, Section 16 for more than five decades. While most elements of the system can be changed only through a constitutional amendment, the manner of forming judicial nominating commissions (half appointed by the governor, half elected by attorneys) is specified only “Until July 4, 1973, and thereafter unless otherwise provided by law.”

How did that language end up in the constitution? A Linn County Democrat offered a fateful amendment 60 years ago.

The federal government reopened as of 9:23 pm Eastern time on January 25. Earlier in the day, President Donald Trump retreated from his demand that any spending bill include money for a wall along the U.S. southern border.

Why cave now? For weeks, media around the country have been reporting on the hardship faced by some 800,000 federal workers and at least 1 million contractors going without pay. Trump changed course largely for two reasons: House Speaker Nancy Pelosi denied him permission to deliver a State of the Union address while the government was shut down, and several major east coast airports experienced delays on January 25 due to air traffic controller staff shortages.

Shortly after Trump announced his new position, the U.S. House and Senate approved by voice votes a continuing resolution to fund the government for three weeks. Congressional leaders and White House representatives will attempt to work out some kind of immigration compromise by February 15. The deal includes an extension and reauthorization of the Violence Against Women Act, which expired near the beginning of the shutdown.

New things I learned this weekend: Rev. Dr. Martin Luther King, Jr. spoke at University Christian Church in the Drake neighborhood of Des Moines in 1959 and at Coe College in Cedar Rapids in 1962.

After the jump I’ve posted several links related to civil rights and Dr. King’s work.

Nine-term U.S. Representative Steve King will face at least one challenger in the 2020 Republican primary to represent Iowa’s fourth Congressional district.

State Senator Randy Feenstra announced his candidacy today, and Story County Supervisor Rick Sanders confirmed to Bleeding Heartland that he is seriously considering the race.

The moves are the clearest sign yet that Iowa’s GOP establishment is tired of King.

Sometimes I feel nostalgic for my “past life” covering Russian politics. Social media didn’t exist, and my colleagues and I had no information about which articles most interested our readers. Potential for clicks or shares didn’t factor into our story selection. We wrote up what seemed important to us.

On any given day, a half-dozen or more newsworthy Iowa politics stories present themselves, but I only have the capacity to cover one or two. I look for ways to add value: can I highlight events not covered elsewhere? Can I offer a different perspective or more context on the story everyone’s talking about?

Although chasing traffic will never be my primary goal, doing this for more than a decade has given me a decent sense of which topics will strike a chord with readers. But you never really know. Just like last year and the year before that, surprises lurked in the traffic numbers on Bleeding Heartland posts published during 2018 (353 written by me, 202 by other authors).

Both Senator Chuck Grassley and Joni Ernst voted for a criminal justice reform bill that cleared the U.S. Senate on December 18 by a resounding 87 votes to 12 (roll call). Iowa’s senators were also part of the bipartisan majority that rejected three Republican amendments, described by one advocacy group as poison pills “aimed at gutting the substance and intent of the bill.”

Grassley wasn’t an early advocate of criminal justice reform, especially sentencing reform. As recently as March 2015, he slammed what he called the “leniency industrial complex,” which favored reducing long mandatory minimum sentences for non-violent drug offenses. But he came around about three years ago and helped build Republican support for the current bill, commonly known as the First Step Act.

In one of his final acts as Senate Judiciary Committee chair, Grassley pushed Majority Leader Mitch McConnell publicly and privately to bring the legislation to the Senate floor. After yesterday’s votes, New York Times photographer Sarah Silbiger captured images of Grassley celebrating with Democratic Senator Cory Booker, who has helped lead the charge on this issue.

The first woman elected to our state’s highest office has picked the third woman to serve as an Iowa governor’s chief of staff.

Sara Craig Gongol will replace Governor Kim Reynolds’ current chief of staff Ryan Koopmans, effective December 15. Craig Gongol was a leading campaign strategist for Reynolds this year and has been “a key member of my team” since 2014, the governor said in a December 11 press release.

The appointment inspired me to look into which women have held the top staff position for governors or members of Congress from Iowa. Like Craig Gongol, who ran Mitt Romney’s 2012 Iowa caucus campaign, several women who managed high-level Iowa campaigns went on to serve as chiefs of staff.

The U.S. Senate approved a new five-year Farm Bill today by 87 votes to 13, sending the conference committee compromise to the U.S. House. The final version rejected efforts to undermine food assistance programs, which House Republicans had approved this summer. Provisions affecting conservation, the environment, and rural communities were a mixed bag; the National Sustainable Agriculture Coalition and Center for Rural Affairs summarized the key points.

Iowa’s senators have rarely voted differently in the past four years, especially on major legislation. But today Senator Chuck Grassley was among the thirteen Republicans to oppose the new Farm Bill. Though he acknowledged some positive features, Grassley could not get past the failure to impose “hard caps on what any one farmer can get,” a reform he’s advocated for many years. He also blasted a “new gimmick” that “makes more subsidies available to the wealthiest farmers and many non-farmers.”

In contrast, Senator Joni Ernst hailed a “farmer-focused” bill containing several bipartisan provisions she co-sponsored.

I enclose below a video and transcript of Grassley’s speech explaining his vote, as well as Ernst’s full written statement on the bill.

Acting Attorney General Matt Whitaker met with President Donald Trump and the president’s son-in-law Jared Kushner on the morning of December 7, hours before federal prosecutors released three briefs recounting crimes and misconduct by Trump’s former campaign manager Paul Manafort and personal attorney Michael Cohen.

Cameron Joseph of Talking Points Memo saw Kushner and Whitaker boarding Marine One, the helicopter carrying the president, around 9:00 am. The meeting was improper because Whitaker will continue to oversee special counsel Robert Mueller for at least another month.

U.S. Senator Chuck Grassley told reporters today that he will lead the Senate Finance Committee in the new Congress. The current chair, Senator Orrin Hatch, is retiring. Grassley’s official website notes,

Senator Grassley calls this committee the quality of life committee because of the committee’s jurisdiction, which includes all tax matters, health care, Social Security; Medicare, Medicaid, social services, unemployment compensation, tariffs and international trade. Legislation acted on by the Committee on Finance raises virtually all federal revenue, and expenditures authorized by this committee represent as much as two-thirds of the federal budget.

Iowa’s senior Senator Chuck Grassley will become the president pro tempore of the U.S. Senate when Congress reconvenes in January, and junior Senator Joni Ernst will join the Republican leadership team for the first time.

Ira Lacher weighs in on the results in Iowa’s third Congressional district. -promoted by desmoinesdem

“Don’t give yourself any kine horas.”

My Yiddish-speaking aunt would admonish me thusly every time I told her of my latest accomplishment. The phrase, loosely translated as Han Solo’s “Don’t get cocky, kid,” was the eleventh commandment in traditional Jewish homes. “Don’t get too full of yourself, because the evil eye is always there to put a curse on you.”

So forgive me if I throw cold water on Cindy Axne’s victory over David Young in the just-concluded midterm election. Looking at the election map, there’s every indication that she — along with others who won overwhelmingly in urban and suburban areas but nowhere else — could be a one-term congresswoman. Unless the Democrats get their act together.

President Donald Trump seems unable to behave appropriately in any situation, so his tone-deaf reaction to the murder of eleven people in Pittsburgh’s Tree of Life synagogue on October 27 was on brand.

I have rarely seen a more pathetic attempt at damage control than U.S. Senator Chuck Grassley’s latest interview with the Des Moines Register.

I’ve had it with Iowa’s welfare queens. Wells Fargo. Rockwell Collins. Pioneer Dupont. Chuck Grassley.

Yes, Grassley. The senator announced this week that he’ll apply for federal farm bailout money. Despite being worth $3.3 million. Despite working full-time as a U.S. senator since 1981. Despite his criticism of government assistance for the poor.

In an October 4 Des Moines Register story, Grassley said, “I would brag to you, actually, that this experience of mine — not being an absentee landlord but suffering what farmers suffer and being joyful when they are joyful — is a good experience for a senator from an agricultural state to have.”

U.S. Senator Joni Ernst has cultivated an image as a politician who is deeply concerned about sexual assault. Her official website has a whole page dedicated to the issue.

But as Senate Republicans appear ready to ram through Judge Brett Kavanaugh’s confirmation for the U.S. Supreme Court, Ernst has not demanded any thorough investigation of the allegations against Kavanaugh. On the contrary: she is ready to reward his aggressive, evasive performance before the Senate Judiciary Committee with a lifetime seat on the high court.

Anyone who has followed Iowa politics during the past decade must read Tim Alberta’s profile of former State Senator Kent Sorenson in the latest edition of Politico Magazine. “Kent Sorenson Was a Tea Party Hero. Then He Lost Everything” is fascinating from beginning to end, so I strongly encourage clicking through to read the whole piece.

Having covered Sorenson’s legislative career and intensely disagreed with nearly everything he stood for, I was genuinely moved to learn how his outlook has changed over the past few years. Some passages that caught my eye are after the jump.

“We need to use every tool we have to reclaim our country,” U.S. Senator Jeff Merkley told me during his latest visit to Des Moines. “We are at the verge of a tipping point, and maybe we’re almost past it, in which the power of the mega-wealthy is so profound that we can’t tip the balance back in to we the people.”

The senator from Oregon spent much of Labor Day weekend in central Iowa supporting Democratic candidates for the state legislature. His fifth trip here since the 2016 election won’t be his last: he will be a featured speaker at the Polk County Steak Fry later this month. During our September 2 interview, I asked Merkley about the most important matters pending in the U.S. Senate, prospects for Democrats in November, and his possible presidential candidacy.

Senators Chuck Grassley and Joni Ernst are among ten U.S. Senate Republicans co-sponsoring a bill that purports to protect health insurance coverage for Americans with pre-existing conditions.

There’s a catch: the legislation would require insurance companies to sell policies to people with pre-existing conditions, but it wouldn’t stop them from excluding coverage for those very conditions.

The monthlong search for University of Iowa student Mollie Tibbetts ended in heartbreak today. Cristhian Bahena Rivera led investigators to the victim’s body in a cornfield. He reportedly confessed to the crime and faces first-degree murder charges.

Because Rivera is from Mexico and has been living in this country without authorization for several years, Iowa’s top Republican elected officials moved quickly to blame Tibbetts’ tragic death on immigration policy.

“Tariffs are the greatest!” President Donald Trump tweeted today, adding that “All will be Great!”

A few hours later, the U.S. Department of Agriculture announced “up to $12 billion in programs” aimed at helping farmers, “in line with the estimated $11 billion impact of the unjustified retaliatory tariffs on U.S. agricultural goods.”

Trump will surely talk up the assistance at his joint event with Representative Rod Blum (IA-01) in Dubuque on July 26. But the escalating trade war isn’t just affecting farmers. Steel tariffs are hurting manufacturers too. “Whirpool shares plummeted Tuesday after executives blamed rising steel and aluminum costs for diminished quarterly earnings,” Michael Sheetz reported for CNBC on July 24. Whirlpool’s refrigerator factory in Amana is the largest employer in Iowa County.

While Democrats criticized the temporary response to a “self-inflicted wound,” top Iowa Republicans reacted to the farm aid plan in three distinct ways. Blum and Representative Steve King (IA-04) unambiguously praised the president. Their U.S. House colleague David Young (IA-03) was notably more critical of Trump’s policy. Iowa’s U.S. senators, Governor Kim Reynolds, and Secretary of Agriculture Mike Naig tried to thread the needle, depicting themselves as fighting for Iowa farmers and open markets without denouncing the president’s approach to trade negotiations.

Progressive political strategist and multimedia producer Greg Hauenstein takes on the astonishing events in Helsinki. -promoted by desmoinesdem

I jotted down some quick thoughts on the press conference between President Donald Trump and Russian Dictator President Vladimir Putin that has jaws dropping globally.

TL;DR version: Trump says he believes Putin & Co. didn’t mess with our elections.

This flies in the face of evidence from the CIA, the Senate Intelligence Committee, and Trump’s own Justice Department who just moments ago announced the arrest of a Russian national for “infiltrating organizations having influence in American politics, for the purpose of advancing the interests of the Russian Federation.”

The new leader of the U.S. Department of Justice Criminal Division has never prosecuted a case and recently represented a major Russian bank aligned with the Kremlin. Nevertheless, Senators Chuck Grassley and Joni Ernst joined every Republican present (plus one conservative Democrat) to confirm Brian Benczkowski on July 11 as assistant attorney general.

What could go wrong?

“The U.S. soybean industry’s worst fears are coming to pass today,” the Iowa Soybean Association said in a statement as the first round of tariffs between the U.S. and China went into effect on July 6.

First-person accounts of political events are always fun to read. Thanks to Susie Olesen, a semi-retired former teacher and school administrator in southwest Iowa, for this write-up. -promoted by desmoinesdem

Senator Joni Ernst’s July 6 town hall at the high school auditorium in Shenandoah (Page County) was a well-attended, civil meeting. People who wanted to participate filled out a slip of paper, which were drawn out of a glass jar to determine who would be able to ask questions. Ernst sat at a table in front of the room.

Theresa Greenfield’s failure to qualify for the Democratic primary ballot in Iowa’s third Congressional district was one of the strangest plot twists in our state’s recent political history. With influential endorsers and the funds to compete on television, Greenfield would have been a strong contender to either win the nomination or prevent any candidate from clearing the 35 percent threshold on June 5. EMILY’s List might have stayed out of a race with two pro-choice women in a field of four candidates, rather than spending heavily to help Cindy Axne in the final weeks.

Greenfield’s unsuccessful mad dash to collect a new set of petitions on the last day of the filing period reminded tipster Darrell Hanson of a last-minute scramble to salvage another well-known candidate’s Congressional bid.

For a window onto magical thinking by top Iowa Republicans, you can’t beat Politico reporter Natasha Korecki’s dispatch from the GOP’s state convention earlier this month.

The U.S. House approved a five-year farm bill on June 21 by 213 votes to 211, with support from Iowa GOP Representatives Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04). Every Democrat present, including Representative Dave Loebsack (IA-02), voted against the bill, as did 20 Republicans (roll call).

A conservative bloc had voted down the same legislation in May, seeking to force House Speaker Paul Ryan to schedule a vote on an immigration bill drafted by Robert Goodlatte. The tactic worked, in the sense that House leaders brought Goodlatte’s bill to the floor shortly before the farm bill. However, the immigration measure lacked the votes to pass the chamber.

According to Politico’s Catherine Boudreau, the legislation was “the first farm bill to pass either chamber with only one-party support,” because “Democrats revolted over its proposed changes to the Supplemental Nutrition Assistance Program, more commonly known as food stamps.”

Editor’s note: Des Moines Democratic activist Robert Niederklopfer drew the cartoon posted above.

The crisis of some 2,300 children separated from their parents after crossing the southern border of the U.S. reached a tipping point this week. The “zero-tolerance policy” is two months old, but new images of kids locked in cages and heartbreaking sounds of children crying for their parents outraged millions of Americans.

A new national poll suggests voters oppose taking children away from their parents by a two to one margin. Thousands have called their members of Congress to demand action. Former acting Director of U.S. Immigration and Customs Enforcement during the Obama administration John Sandweg has warned that many of the separations will end up becoming permanent. Several “tender age” shelters are housing very young children, some unable to talk or remember their parents’ names.

I enclose below comments from leading Iowa politicians on the issue. Most predate the executive order Trump signed today, which will do nothing for families already separated and may not help new arrivals either.

A concerned Iowan sees a chance to stop President Donald Trump’s abhorrent immigration policy by pressuring large corporate donors of influential Republican politicians. -promoted by desmoinesdem

By now, you’ve probably heard that the United States government is ripping children away from their families at the border. As expected, the gut-wrenching truth generated significant public outcry. The Department of Justice’s “zero tolerance” policy on immigration has separated almost 2,000 children from their parents. That is 46 children a day for six weeks straight.

At issue here is not immigration policy, but our basic decency as a country. The politicians in charge of our country think it is in their best interest to stop desperate and downtrodden immigrants at the border, snatch up their children, and then send parents back to the place they were so desperate to flee.

Republican Representative Rod Blum (IA-01) was the only Iowan among 88 U.S. House members who “strongly” urged President Donald Trump “to consult and receive authorization from Congress before ordering additional use of U.S. military force in Syria.” Trump ordered missile strikes on three sites in Syria within hours of receiving the April 13 letter.

After yet another mass murder involving an assault weapon made national news, Senator Chuck Grassley told reporters on February 15, “we have not done a very good job of making sure that people that have mental reasons for not being able to handle a gun getting their name into the FBI files and we need to concentrate on that.” Similarly, Senator Joni Ernst said today that the U.S. needs more “focus” on mental illness, not gun control. (Not that she has any ideas on how to address that problem.)

The talking point is bogus, because people with mental illness aren’t more likely than others to commit violent crimes, and mental illness isn’t any more prevalent in the U.S. than in other countries that experience far fewer mass shootings.

But let’s leave that aside for the moment. A year ago, all of Iowa’s Republicans in Congress voted with their GOP colleagues to overturn “a sensible Obama administration rule designed to stop people with severe mental problems from buying guns.”

With less that three weeks remaining until the Deferred Action for Childhood Arrivals program expires, the U.S. Senate voted today on four immigration proposals. Three of them contained language to protect “DREAMers,” who were brought to this country without authorization as children. No proposal received the 60 votes needed to overcome a filibuster. The only bill to fall short of 50 votes was Senator Chuck Grassley’s legislation, modeled on President Donald Trump’s demands.

Iowa’s senators have talked a good game about the DREAMers, but today Grassley and Joni Ernst rejected bipartisan plans in order to be rubber stamps for the president and immigration hard-liners.

A majority of Iowans think mental health services, student loan debt, child welfare services, state university tuition, and the state budget are either a “crisis” or a “big problem” for Iowa, according to the latest Selzer poll for the Des Moines Register and Mediacom. Among nine issues tested in the survey of 801 Iowa adults in late January, mental health services registered as the top concern: 35 percent of respondents described the situation as a crisis, 38 percent as a big problem. No other topic registered above 20 percent for “crisis.”

The deal to keep the federal government open until March 23 revealed unusual fissures among Republicans who represent Iowa in Congress.

A ban on almost all abortions after 20 weeks of pregnancy failed to advance in the U.S. Senate on January 29, as a motion to proceed with debating the bill gained only 51 votes, short of the 60 required under Senate rules. Three Democrats (Joe Donnelly of Indiana, Bob Casey of Pennsylvania, and Joe Manchin of West Virginia) voted for cloture on the misleadingly-named Pain-Capable Unborn Child Protection Act, joining most Senate Republicans, including Iowa’s Chuck Grassley and Joni Ernst. Republicans Susan Collins of Maine and Lisa Murkowski of Alaska voted no, as did most of the Democratic caucus. Two Democrats facing potentially tough re-election campaigns this year–Heidi Heitkamp of North Dakota and Claire McCaskill of Missouri–opposed the bill.

The U.S. House approved the same legislation in October on a mostly party-line vote of 237 to 189. Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) supported the legislation, while pro-choice Democrat Dave Loebsack (IA-02) opposed it.

Nineteen states already ban most abortions after 20 weeks; Iowa joined their ranks in May 2017. Most terminations at that stage of pregnancy happen either because the mother has a serious health problem or because of a severe (often unsurvivable) fetal anomaly. Five women who have faced those difficult circumstances allowed Bleeding Heartland to share their stories last year.

I enclose below statements from some of the Iowans in Congress and background on the bill, which uses a faulty premise as an excuse to restrict women’s ability to make decisions about their own medical care.