The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

Another day, another exercise in kabuki theater within the halls of Congress. Hoping to limit the fallout from Monday’s rejection of proposals to expand background checks and make guns more difficult to obtain for people on federal watch lists, U.S. Senate leaders held votes on more gun control proposals today. A compromise amendment led by Republican Senator Susan Collins of Maine was expected to be the main agenda item.

But as Alexander Bolton reported for The Hill, Majority Leader Mitch McConnell “cut the legs out from a bipartisan effort to keep suspected terrorists from buying guns.”

In a classic example of the kabuki theater that passes for legislating these days, U.S. senators rejected four gun control measures today. Moved to act by the June 11 massacre at a gay club in Orlando, Senator Chris Murphy of Connecticut led a talking filibuster for more than fourteen hours last week to force a vote on a Democratic proposal to ban gun sales to people on terrorist watch list. He also introduced an amendment to an appropriations bill that would expand background checks for firearms purchases, eliminating the gun show loophole. Similar proposals failed to pass the Senate last December, shortly after the mass shooting in San Bernadino.

With the blessing of the National Rifle Association, Republicans drafted their own amendments this week, ostensibly to accomplish the same goals as the Democratic legislation.

Follow me after the jump for details on the four proposals and today’s votes, as well as comments from Senator Chuck Grassley, Senator Joni Ernst, Grassley’s challenger Patty Judge, and presumptive Democratic presidential nominee Hillary Clinton.

I don’t post job listings here often, but since many Bleeding Heartland readers have substantial public policy experience and are interested in the issues at the core of the American Civil Liberties Union’s work, I wanted to spread the word that the ACLU of Iowa is hiring a policy director. The full job listing is after the jump. The non-profit organization will accept applications through June 26, with the goal of filling the position by August.

The eventual hire will be “responsible for advancing the ACLU’s broad civil liberties agenda before the state legislature, executive branch, and local governmental bodies,” leading policy projects related to “areas including but not limited to voting rights, racial justice, criminal justice reform, immigrant’s rights, free speech, reproductive freedom, women’s rights, LGBT rights and privacy rights.”

Some Iowa Republicans will take a stand for the full equality of LGBT people, or at least vote not to allow discrimination based on sexual orientation.

Some Iowa Republicans search for workarounds so that states or private entities can refuse to acknowledge LGBT equality in matters large and small.

Then there’s Representative David Young.

Five states along the east coast held primaries today. Donald Trump had a clean sweep on the Republican side of the so-called Acela primary, named for the Amtrak express train that connects Boston to Washington, DC. As of 8 pm central time, Trump had won more than 50 percent of the votes counted in Pennsylvania, Maryland, Delaware, Connecticut, and Rhode Island.

Dark days lie ahead for the #NeverTrump crowd. Even if Ted Cruz manages to win the Indiana primary next week and John Kasich wins Oregon and New Mexico, stopping Trump from reaching 1,237 delegates before the Republican National Convention will be a tall order. Dave Wasserman published a good analysis of Trump’s success at FiveThirtyEight.com. I’ve posted excerpts after the jump.

Networks called Maryland for Hillary Clinton immediately after polls closed. At this writing, she has also been projected to win Pennsylvania and Delaware, while Bernie Sanders is set to win Rhode Island, and Connecticut is still too close to call. Clinton’s remarks to her supporters in Philadelphia tonight sounded very much like a general-election stump speech.

Dave Weigel noted Clinton has won eleven states she lost to Barack Obama in 2008: Iowa, Maryland, Illinois, Missouri, Louisiana, Alabama, Mississippi, Georgia, South Carolina, North Carolina, and Virginia. Even more striking, Weigel pointed out, “After tonight, Donald Trump will have won 12 of the 13 original colonies. He’s also favored to win in the 13th, New Jersey.”

Any comments about the presidential race are welcome in this thread. Today the admin for U.S. Senate candidate Tom Fiegen’s social media blocked me on Twitter after I challenged one of Fiegen’s many tweets suggesting the Democratic superdelegates should switch from Clinton to Sanders. So touchy! Fiegen proceeded to block several people who had re-tweeted me or commented negatively about the blocking.

UPDATE: Added below the full text of Clinton’s speech tonight and a statement released by Sanders. Although he did not concede the nomination, he appears to be shifting to a fight about the Democratic Party platform, rather than trying to beat Clinton.

SECOND UPDATE: Clinton ended up winning Connecticut by about 5 points. Trump’s margins of victory were enormous in all five states: 29 points ahead of Kasich in Connecticut, 35 points in Pennsylvania, 31 points in Maryland, 39 points in Rhode Island, and 40 points in Delaware.

Many Iowans leave their precinct caucuses after the presidential selection process, but the caucuses also provide an opportunity for politically-engaged people to influence their party’s platform. If you bring a resolution to your precinct caucus, you have a good chance of getting it approved and sent to the county platform committee, which decides what will come to a vote at the county convention.

Little-known fact for those who want to exercise this option: platform resolutions should be written in a different format from other political resolutions you may have read. Follow me after the jump for details and examples of resolutions you can bring to your caucus on Monday night.

Bleeding Heartland would welcome guest posts encouraging readers to caucus for Bernie Sanders or Martin O’Malley. -promoted by desmoinesdem

Since Sunday’s debate, I’ve felt little tremors of uncertainty among my friends who are genuinely conflicted over who to support in the caucuses. Now seems like a good time to make my personal case for supporting Hillary Clinton, to hopefully contribute to the kind of thoughtful reflection that these folks are going through.

I’ll say that I admire both Bernie Sanders and Martin O’Malley, and that I will support whoever wins the Democratic nomination with the same energy and enthusiasm I’ve given Hillary during the caucus season. That said, here are some reasons why I believe that Hillary is the best choice for the Democratic nomination in 2016, and why I hope you (whoever you are) will support her. Sorry if this is a wall of text. Bear with me, I tried to keep it all in one place. A short summary of points I make below:

– Hillary will help my family and families like mine in the next 4-8 years.
– Hillary’s attention to local concerns and presidential responses.
– Hillary’s foreign policy expertise and international reputation.
– Hillary’s coalition building within the democratic party and related orgs.
– Hillary’s tenacity will bring about change–incremental change, but change–which is the proper job of the President.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

Polk County District Court Chief Judge Arthur Gamble on Monday dismissed a lawsuit that challenged Iowa’s restrictions on felon voting and procedure for regaining voting rights after a felony conviction. Kelli Jo Griffin filed the lawsuit last November, having previously been acquitted on perjury charges related to registering to vote and casting a ballot in a local election. Griffin did not realize she was ineligible to vote because of a prior drug conviction. The American Civil Liberties Union of Iowa is representing her in the case, which claims Iowa law and an executive order Governor Terry Branstad issued in January 2011 unconstitutionally restrict the plaintiff’s fundamental right to vote.

A plurality of three Iowa Supreme Court justices indicated last April that they do not believe all felonies rise to the level of “infamous crimes,” which under the Iowa Constitution justify revoking citizenship rights. But that opinion did not strike down current Iowa law, which holds that any felony conviction leads to the loss of voting rights. Chief Judge Gamble noted in his ruling that he is bound by precedent on felon voting cases “until a majority of the Iowa Supreme Court” rules otherwise.

The chief judge also determined that Branstad’s executive order does not unconstitutionally restrict Griffin’s voting rights, because the paperwork and fees required are “not an unreasonable burden for a felon to shoulder.” His conclusions don’t acknowledge certain realities about the arduous process Branstad established, which “made Iowa one of the most difficult states in the nation for felons who want to vote” and create more hurdles for low-income Iowans than for those with financial resources. I enclose more thoughts on that angle below, after excerpts from Gamble’s ruling.

The ACLU will appeal the District Court’s decision to the Iowa Supreme Court. Ever since an unlikely chain of events opened the door for the high court to re-examine felon voting rights, it’s been obvious some non-violent offender like Griffin would bring a test case resembling this one. The big question now is whether Justice Brent Appel, who recused himself from last year’s related case, will align with his three colleagues who appear ready to declare that certain felonies are not “infamous crimes.”

Yesterday was Women’s Equality Day, marking the anniversary of American women gaining the right to vote in 1920 under the 19th Amendment to the U.S. Constitution.

Iowa nearly adopted a state-level woman-suffrage amendment on two occasions before that time. Inspired to learn more about those close calls, this week I read part of Louise Noun’s 1969 book Strong-Minded Women: The Emergence of the Woman-Suffrage Movement in Iowa. The short version of what I learned is after the jump.

Spoiler alert: Republicans in the Bleeding Heartland community may enjoy this post more than Democrats.  

Since I heard on Sunday that Julian Bond had passed away, I’ve been reading reflections on his life. Bond was one of the legends of the civil rights movement: an early leader of the Student Nonviolent Coordinating Committee, a co-founder of the Southern Poverty Law Center, a longtime state lawmaker who had to take his fight to be seated in the Georgia House of Representatives all the way to the U.S. Supreme Court. In his later years, he led the National Association for the Advancement of Colored People and was a strong voice for LGBT equality and against efforts to undo the Voting Rights Act.

I learned a lot about Bond from his obituaries; for instance, I did not know that he and John Lewis, both civil rights veterans from the 1960s, fought a bitter Congressional campaign against each other in 1986. Some personal reminiscences have been enlightening too. For entertainment value, you can’t beat Howie Klein’s story about the time he invited Bond and Strom Thurmond to speak on the same day of 1966 at the State University of New York in Stony Brook.

Stephen Carter wrote a wonderful column on “The beauty of Julian Bond’s voice.” Carter had known Bond since the 1970s, when his mother was one of Bond’s legislative staffers. Before I read Carter’s piece, I had no idea that a legendary Iowa Democrat and Bond were political allies.

One of the most powerful refrains to emerge from the LGBT rights movement over the last several years has been the slogan/mantra/guiding belief It Gets Better. One reason this idea inspires me is that nearly all of us can connect to it and understand it in a context that is relevant to our individual lives. And occasionally, we can watch it play out on a national level.

On Monday, the Boy Scouts of America’s National Executive Board voted 79% to 21% to end that organization’s long-standing ban on gay adult members. (The BSA ended its ban on gay youth members in 2013.) As the proud Eagle Scout son of a same-sex couple from Iowa City, the executive director of Scouts for Equality, and someone who’s been working on this issue for more than three years, I was elated. And there’s still more work to do.

Less than a month after the U.S. Supreme Court majority struck down state-level bans on same-sex marriages, at least two county clerks in Kentucky have refused to issue marriage licenses to LGBT couples, prompting a lawsuit from the American Civil Liberties Union of Kentucky on behalf of four couples. One of the county clerks has decided to stop issuing marriage licenses to anyone in her county so that she can’t be forced to perform that service for LGBT citizens. How embarrassing. You want nothing to do with same-sex marriages? Go work for a church that doesn’t recognize them.

I’m so proud that to my knowledge, no county recorder in Iowa ever used his or her religious convictions as an excuse for not doing a secular job in a professional way.

Not for lack of trying by some social conservative activists, egged on by certain Iowa Republican lawmakers. Follow me after the jump for a walk down memory lane and a list of Iowa counties where LGBT couples have exercised their right to marry since 2009.

Since the Supreme Court of the United States issued its ruling in the Obergefell v. Hodges decision, affirming the right of same-gender couples throughout the country to marry, some politicians and pundits have claimed religious liberty is now threatened in our nation.

“This decision will be a serious blow to religious liberty,” said Mike Huckabee. Bobby Jindal said the decision was the start of an “all-out assault on religious freedom.” Ted Cruz said, “Religious liberty has never been so threatened as it is today.”

Of course, that’s not true. The decision has no adverse impact on any religious institutions or faith leaders. In fact, the decision has quite the opposite impact. It’s a victory for religious liberty.  

In a 5-4 decision announced Friday, the U.S. Supreme Court cleared the way for same-sex couples to marry in all 50 states and ordered state governments to recognize same-sex marriages performed anywhere in the country. Justice Anthony Kennedy wrote the majority opinion in Obergefell v Hodges, joined by Justices Elena Kagan, Ruth Bader Ginsburg, Sonia Sotomayor, and Stephen Breyer. Each of the dissenting justices wrote a separate opinion; all are available in this pdf file after Kennedy’s opinion. Amy Howe explained the majority opinion in “Plain English” while Lyle Denniston posted a brief analysis.

Follow me after the jump for Iowa reaction on both sides of the marriage debate. Two years ago, Bleeding Heartland compiled Iowa politicians’ comments on the U.S. Supreme Court ruling in Windsor, which struck down the federal ban on same-sex marriages but left state bans intact.

As a group, Iowa Democratic politicians are more enthusiastic and less cautious about welcoming marriage equality now than was the case in 2009, when the Iowa Supreme Court struck down our state’s Defense of Marriage Act. Many Iowa Republicans called for elected officials to overturn the 2009 Varnum v Brien ruling by passing a constitutional amendment, but reacting to the latest U.S. Supreme Court ruling, few in the Iowa GOP sounded hopeful that there was any chance to reinstate state bans on same-sex marriage.

I will update this post as needed.  

The U.S. Supreme Court heard two and a half hours of oral arguments this morning in several cases related to same-sex marriage rights, collectively called Obergefell v. Hodges. This thread is for any relevant comments or speculation.

April 27 marked six years since LGBT couples were able to obtain marriage licenses in Iowa under our state Supreme Court’s Varnum v Brien ruling. Bleeding Heartland recently compiled some links related to the marriage equality battle in Iowa.

Administrators at Dowling Catholic High School in West Des Moines are considering students’ request to form “a non-religious LGBT support club.” The school made national news recently for withdrawing a contract offered to a teacher after administrators learned he was openly gay. After at least 150 students walked out of class to protest the hiring decision, a junior at the school who is gay started a petition seeking to form a club where all students “can feel supported and loved.” Initially school officials said they would discuss the request, and at this writing, they have not announced a decision. Gay-straight alliances exist in scores of Iowa public high schools, but to my knowledge, the only Catholic school in the state with such a club is Regina High School in Iowa City.

After the jump I’ve posted excerpts from Liam Jameson’s petition at Change.org and the full text of an e-mail Dowling Catholic President Jerry Deegan sent to parents on April 16. Any relevant comments are welcome in this thread.

On a related note, although I could not be more strongly pro-choice, I believe students at Hampton-Dumont High School in Franklin County, Iowa should be allowed to form a “Students for Life” club, as long as staff don’t promote the club and students are not required to attend.

As a religious institution, Dowling Catholic High School in West Des Moines is exempt from Iowa Code provisions that have prohibited discrimination on the basis of sexual orientation since 2007.

But as local Catholic leaders are learning this week, a legal exemption can’t immunize Dowling from political fallout over the decision to withdraw a teaching contract offered to an openly gay man.  

Like the zombie lie that cannot be killed, social conservatives defending business owners who would decline services to gay couples continue to rely on the same analogy about the government hypothetically forcing a Jewish deli owner to handle and serve non-kosher food.

Bleeding Heartland has discussed the basic logical flaw here, but let’s walk it through one more time.  

All topics are welcome in this open thread. What news stories captured your attention lately?

Although Congress acted during the 1970s to ban employers from discriminating against pregnant women, both attorneys and women have told me over the years that pregnancy discrimination remains common in the workplace. The U.S. Supreme Court weighed in today in the case of Young v. United Parcel Service. I enclose below some links about this important ruling.

Who’s up for some good news on Friday the 13th? Part of former Secretary of State Matt Schultz’s legacy of voter suppression died today. The Iowa Supreme Court will not hear an appeal of a District Court decision that invalidated Schultz’s effort to enact rules on purging Iowa voter rolls. The court dismissed the case at the request of the Secretary of State’s Office.

What’s on your mind this weekend, Bleeding Heartland readers? I’m not big on “Hallmark holidays,” but if Valentine’s Day (or “co-opting Valentine’s Day”) is your thing, I hope you enjoyed February 14. This is an open thread: all topics welcome.

I wanted to catch up on news from a couple of weeks ago, which may continue to reverberate during the Republican Iowa caucus campaign. The owners of Görtz Haus agreed to settle with a gay couple who had wanted to get married at their venue in Grimes. Betty and Richard Odgaard are Mennonites who don’t believe in same-sex marriage. Since the law doesn’t allow them to discriminate against LGBT couples, they have decided not to hold any weddings at their place of business. They also dropped their own doomed-to-fail lawsuit against the Iowa Civil Rights Commission. Clips with background on the episode and reaction to its resolution are after the jump.

Social conservatives are outraged over what they see as an assault on religious freedom. Both talk radio host Steve Deace and Bob Vander Plaats’ organization The FAMiLY Leader have indicated that the Görtz Haus controversy will be a salient issue in the coming presidential campaign.

What these folks can’t acknowledge is that no one is forcing the Odgaards or anyone else to approve of or “celebrate” gay weddings. Many of us have ethical or religious objections to some marriages; for instance, if the couple began dating while married to other people, or if one person appears to be marrying solely for money, or if there is a large age gap between the spouses. Plenty of Jews and Christians would disapprove of my own interfaith marriage. No one is demanding that the whole world applaud every marriage, only that the religious beliefs of some don’t interfere with the civil rights of others.

Additionally, it’s important to note that no house of worship in Iowa has ever been forced to hold same-sex weddings. If the Odgaards ran a church, they would be fully within their rights to refuse to serve LGBT couples. Görtz Haus is a for-profit business, subject to the same civil rights statutes as other public venues.  

This afternoon the U.S. House of Representatives approved the Senate-passed version of a bill that would authorize construction of the Keystone XL pipeline. As was the case last month, all four Iowans were part of the House majority that passed the bill by 270 votes to 152 (roll call). Dave Loebsack (IA-02) was one of 29 Democrats who voted yes today; his record on previous bills related to the pipeline is mixed. President Barack Obama has said he will veto the Keystone XL bill. The big question is what he will do if Congress includes similar language in other “must-pass” legislation.

Yesterday the House passed two bills related to the Transportation Security Agency. Members unanimously approved a bill “aimed at stopping the Transportation Security Agency from overpaying some of its workers to act as investigators, when they aren’t really investigating anything,” Pete Kasperowicz reported for The Blaze. The other bill, approved with only one dissenting vote, is intended to improve security at U.S. airports, in particular contingency plans for terrorist incidents.

Also today, House members including all four Iowans unanimously approved a bill to award “a Congressional Gold Medal to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or the final Selma to Montgomery Voting Rights March in March of 1965, which served as a catalyst for the Voting Rights Act of 1965.” However, House Republicans rejected calls from Democratic leaders to quickly pass legislation that would reanimate the Voting Rights Act after the U.S. Supreme Court struck down part of that law in 2013.  

What better way to launch a new blog than with a scoop? Pat Rynard delivered that when his Iowa Starting Line website came online yesterday, with this post about Gary Kroeger considering the Democratic primary in Iowa’s first Congressional district. On his own blog, Gary Has Issues, Kroeger describes himself as follows:

First and foremost, I am the father of two wonderful boys.  I am also a son, a brother, and the creative director at an advertising agency in Cedar Falls, Iowa.  I write an Op-Ed column for the Waterloo-Cedar Falls Courier, and in my past, present and future, I have been an actor, a writer, television host, announcer, voice over artist, producer, restaurateur, emcee, activist, and fundraiser.

Judging by his comments to Rynard, Kroeger would position himself as the progressive candidate in a Democratic primary:

Born in Cedar Falls, he moved back to his hometown in 2003 to give his two young sons a more stable life. At 57, he says he’s kept himself involved in local politics by hosting coffees for candidates, lobbying a bit on some statehouse legislation, and writing the left-leaning column for the Waterloo-Cedar Falls Courier. That got him thinking about taking his passion for politics to a bigger stage.

“I have a strong voice and a capability to persuade people to listen better than most in the political arena,” Kroeger says of what advantages he thinks he’d bring to a campaign. “I believe I have something that may be missing. I’ve been watching politics my whole life. It’s a whole lot of dull. Legislators are not persuading, not convincing people, not getting people to think.”

As for the issues he would run on, civil rights would anchor his platform. “Civil rights and justice for all, for gay marriage, for women, for minorities. It’s what defines progressivism. And then you go out from there. It touches on the right to breathe clean air, it lends itself to environmental justice, to economic justice.” On where Kroeger thinks his party goes wrong, he says, “Democrats tend to get soft to win. No one draws a line in the sand. The Constitution guarantees civil rights to all. A woman should have domain over her body. I’m not going to go away from these ideas. It defines being a progressive.”

Cedar Rapids City Council member Monica Vernon rolled out her campaign in IA-01 last week with endorsements from some liberal Democrats in the Iowa legislature, but others have expressed doubt over whether she is committed to progressive values. For the most part, I believe competitive primaries make parties stronger, so I welcome a good, clean debate between Vernon, Kroeger, and anyone else who wants to make Representative Rod Blum a one-termer. May the best Democrat win.

Technically, it’s still a long weekend for some people, so here’s an open thread for all topics.

Establishing a holiday to honor the Rev. Dr. Martin Luther King, Jr. was a long road, as Ben Kamisar reported for The Hill yesterday:

The King holiday used to be controversial, only passing the House more than ten years after Rep. John Conyers (D-Mich.) filed the first bill calling for a day to commemorate the slain civil rights icon. The measure eventually passed in 1983. Ninety representatives and 22 senators voted against it. […]

There are only six current members of Congress who previously voted against creating a national holiday for King. Another small handful did so at the state level.

The six who cast votes against the national holiday are all Republicans: Sens. Richard Shelby (Ala.), Chuck Grassley (Iowa), John McCain (Ariz.) and Orrin Hatch (Utah), as well as Reps. Jim Sensenbrenner (Wis.) and Hal Rogers (Ky.). Shelby cast his vote as a Democrat, before he switched parties. […]

A Grassley spokesperson noted that the Senator has been “very active in several African American causes,” including efforts to reauthorize the Voting Rights Act when he joined the Senate in the early 1980s. More recently, he has advocated for black farmers who had been discriminated against when applying for financial help.

“Senator Grassley’s vote against an MLK Day holiday was purely an economic decision both in the cost to the broader economy in lost productivity, and the cost to the taxpayers with the federal government closed,” the aide told The Hill in an email.  

Not one of Grassley’s finer moments, that’s for sure.

Bleeding Heartland has compiled other links related to the Rev. Dr. Martin Luther King, Jr. here, here, here, here, and here.

I haven’t seen the movie “Selma” yet. For those who have, what did you think?

Iowa’s Senators Chuck Grassley and Tom Harkin rarely found themselves in agreement during a busy day on the Senate floor yesterday. A bill to force approval of the Keystone XL pipeline project fell one vote short of the 60-vote threshold to defeat a filibuster. The roll call shows that Grassley was among the 59 yes votes (all Republicans plus 14 Democrats), while Harkin was among the 41 Democrats who defeated the bill. Scroll to the end of this post to read Grassley’s statement on the failure to pass this measure. He backs an “all-of-the-above approach to meet the country’s energy needs and give consumers choice.” He does not address the reality that oil transported via Keystone XL would likely be sold to foreign markets, having no effect on domestic gasoline prices.

Although several of the pro-Keystone Democrats just lost their seats in this year’s elections, nine of them will continue to serve next year. That means future Senate Majority Leader Mitch McConnell will have the votes to overcome a filibuster of future bills on the pipeline. He won’t have the 67 votes needed to overcome a presidential veto, but Republicans have vowed to attach Keystone language to “must-pass” bills that President Barack Obama won’t want to veto.

Senators also blocked a bill that would have attempted to rein in domestic surveillance by the National Security Agency. Timothy B. Lee wrote a good backgrounder on the USA Freedom Act. The cloture vote failed by 58 to 42. Like almost all the Senate Democrats, Harkin voted for proceeding to debate the bill. Like all but four Republicans, Grassley voted to block efforts to reduce NSA spying on Americans. Members of Congress will revisit this issue next year, but I’m not optimistic any reforms will pass.

Side note: among the senators who are possible Republican presidential candidates in 2016, Ted Cruz voted for the USA Freedom Act. Rand Paul and Marco Rubio voted no. Paul opposed the bill because it did not go far enough, in his view; Rubio voted no because he thought the bill would increase the risk of terrorist attacks in this country.

Last week and this week, the Senate has moved forward on several nominees for vacant judicial spots on U.S. district courts. Harkin supported confirming all of the president’s nominees. Grassley voted against cloture on all of the nominations, but Republicans were not able to block any of them from a vote on the floor, because the 60-vote threshold no longer applies to most confirmations. (That could change when Republicans take control of the chamber in the new year.) On the confirmation votes themselves, Grassley opposed most of the judges nominated by the president, with one exception last week and another exception yesterday. Many expect judicial confirmations to stop happening when Grassley becomes chair of the Senate Judiciary Committee, but perhaps he will let a few non-controversial nominees through.

A bill reauthorizing the Child Care and Development Block Grant gained massive bipartisan support on Monday, passing by 88 votes to 1. Both Grassley and Harkin backed this bill. In a statement I’ve enclosed after the jump, Harkin explained how this bill “will expand access to and improve the quality of child care for the more than 1.5 million children and families that benefit from the federal child care subsidy program.” President Obama signed this bill today, and Representative Dave Loebsack (D, IA-02) attended the ceremony. He worked on the bill as ranking member of the House Education and Labor subcommittee that covers early childhood issues. I posted Loebsack’s statement below Harkin’s.

Any relevant comments are welcome in this thread.

Note: Over the years I’ve written dozens of posts about Grassley and Harkin splitting on Senate votes. I expect that to end for the most part in January. If Joni Ernst votes differently from Grassley even five times over the next two years, I’ll be shocked.

UPDATE: Added after the jump some of Harkin’s recent comments on the Keystone XL pipeline.

Iowa Republicans are up in arms today on social media, outraged that retiring Senator Tom Harkin said this about Joni Ernst’s campaign commercials (via Andrew Kaczynski):

“And there’s sort of this sense that, ‘Well, I hear so much about Joni Ernst. She is really attractive, and she sounds nice.’”

“Well I gotta to thinking about that. I don’t care if she’s as good looking as Taylor Swift or as nice as Mr. Rogers, but if she votes like Michele Bachmann, she’s wrong for the state of Iowa.”

To hear Republicans tell it, that is the most offensive comment ever.

People who oppose equal pay and longer paid parental leave for working women, who would force women to continue unwanted pregnancies, who think women’s employers should be able to veto insurance coverage of birth control, are in no position to play “PC police.”

Harkin’s meaning was clear: Ernst’s advertising has promoted her as appealing, while mostly avoiding substantive issues. But no matter how nice she may be or may appear in her own marketing, she supports policies that are wrong for Iowa.

By the way, Harkin has a perfect voting record on women’s rights issues and has always supported equal pay for women as well as reproductive rights and access to family planning. Republican hero Senator Chuck Grassley has opposed all of those policies at virtually every turn.

UPDATE: Inadvertently confirming that she wants this election to be about anything but substantive issues, Ernst went on Fox News Monday to distort what Harkin said:

“I was very offended that Senator Harkin would say that. I think it’s unfortunate that he and many of their party believe that you can’t be a real woman if you’re conservative and you’re female,” she told Fox News. “Again, I am greatly offended about that.”

Of course, Harkin neither said nor implied anything about a “real woman” not being conservative. He said Ernst supports policies that are wrong for Iowa. And as @SusaninIowa pointed out, it’s telling that Ernst wasn’t offended to have her voting record compared to Bachmann’s.

There was no need for Harkin to apologize for his remarks on Monday.

Former Iowa Senate Republican staffer Kirsten Anderson filed a lawsuit in Polk County District Court yesterday, claiming she was subjected to “sex discrimination, sexual harassment, and retaliation in violation of the Iowa Civil Rights Act.” Anderson served as communications director for the Iowa Senate GOP caucus from February 2008 to the middle of May 2013. Bleeding Heartland covered the circumstances surrounding her firing here and here. Anderson filed a complaint with the Iowa Civil Rights Commission last year. She is suing the State of Iowa, the Iowa Senate, the Iowa Senate Republican caucus, Iowa Senate Minority Leader Bill Dix, Iowa Senate Republican senior staffer Eric Johansen, and Ed Failor, Jr., the primary advisor to Dix since shortly after Dix was chosen to lead the GOP caucus in late 2012.

William Petroski’s report for the Des Moines Register includes a link to the 20-page court filing, which can be downloaded as a pdf file. Pages 3 through 7 list many incidents supporting Anderson’s claims about a hostile work environment and sexual harassment, starting in 2010. Several current and former lawmakers are named. The lawsuit paraphrases inappropriate comments by former GOP Senators Shawn Hamerlinck and Merlin Bartz. Senator Tim Kapucian is said to have laughed at an unnamed senior analyst’s inappropriate comments about a “loose” female Democratic senator. Senators Joni Ernst and Sandy Greiner allegedly “did and said nothing” after witnessing “sexual innuendo and inappropriate behavior exhibited by their male colleagues.” Ernst denied that charge in a written statement, which I’ve enclosed after the jump. She suggested Anderson was perhaps “being exploited ahead of the election.”

Speaking to the Des Moines Register, Anderson’s attorney Mike Carroll

denied any political motivation behind the timing of the lawsuit. He said that before a lawsuit could be filed, his client had to file a complaint with the Iowa Civil Rights Commission. The complaint was filed last year. The commission issued a letter in July giving Anderson 90 days to file a lawsuit, and the filing deadline was set to expire Oct. 29, he said.

In her own statement, Anderson said, “As to the suggestions that I am a pawn in a political drama, that is not the case. I am standing up for my rights as an employee; a right to work in a place without inappropriate and discriminatory conduct.”

Pages 12 through 17 of the court filing include a memo Anderson handed to Johansen on the morning of May 17, 2013, suggesting that her work was being criticized because she had complained about a “sexually hostile work environment” that “no private sector workplace would tolerate.” Later the same day, in Dix’s presence, Johansen gave Anderson a choice of resigning or being fired. Pages 17 and 18 list six causes of action under the Iowa Civil Rights Act. Anderson is seeking back pay and benefits, compensatory damages, a ruling that her termination was unfair and/or discriminatory, and injunctive relief requiring (among other things) new training procedures for Iowa Senate staffers.

President Barack Obama announced today that U.S. Attorney General Eric Holder will resign as soon as a successor is confirmed. Carrie Johnson reported for National Public Radio,

Holder already is one of the longest-serving members of the Obama Cabinet and currently ranks as the fourth-longest tenured AG in history. Hundreds of employees waited in lines, stacked three rows deep, in early February 2009 to witness his return to the Justice Department, where he previously worked as a young corruption prosecutor and as deputy attorney general – the second in command – during the Clinton administration. […]

Holder most wants to be remembered for his record on civil rights: refusing to defend a law that defined marriage as between one man and one woman; suing North Carolina and Texas over voting restrictions that disproportionately affect minorities and the elderly; launching 20 investigations of abuses by local police departments; and using his bully pulpit to lobby Congress to reduce prison sentences for nonviolent drug crimes. Many of those sentences disproportionately hurt minority communities.

Republicans in Congress have long clashed with Holder over many issues, notably the “Fast and Furious” gun trafficking scandal and Holder’s original plan to prosecute the alleged plotters in the 9/11 attacks in federal court in New York City. (Eventually those cases were moved to military courts.)

I had very high hopes for Holder when Obama appointed him, and while he’s far from the worst in the current cabinet, he’s probably the most disappointing from my perspective. As Eric Posner explains well here, “Holder’s Justice Department has helped suppress civil liberties that interfere with what the Bush administration called the ‘war on terror,’ the currently nameless global operation to confront Islamic terrorism wherever it appears.” Although Holder doesn’t explicitly condone torture, the Department of Justice failed to prosecute CIA officials involved in torturing suspects.

Any comments about Holder’s legacy are welcome in this thread. I’ve enclosed below Senator Chuck Grassley’s comment on the attorney general’s plans to step down, and will update this post as needed with other Iowa reaction to the news.

P.S.-Although an early 2009 speech by Holder is now considered a “stumble” or gaffe, there was some truth in his observation, “Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards.”

Republicans have been long been masters at demanding that prominent Democrats apologize for some obscure person’s offensive comment. Today the Black Hawk County Republicans used this tried and true technique to score a story by the Des Moines Register’s chief politics reporter. In a now-deleted post on the Black Hawk County Democrats’ Facebook page, a volunteer shared a graphic comparing Presidents Ronald Reagan and Barack Obama. Among other things, the graphic described Reagan as a “white supremacist.”

Jennifer Jacobs’ story leads with a Republican press release and includes an apology from the chair of the Black Hawk County Democrats for this “unfortunate” and “unacceptable” post. However, nowhere does Jacobs hint at why anyone would think to apply this label to Reagan in the first place. Maybe she’s playing dumb, or maybe she’s too young to remember.

Sad to say, the U.S. has had more than a handful of white supremacist presidents. I don’t think Reagan was one of them. But I recommend the following reads on his use of racially charged language to win support for his political agenda.

Ian Haney-Lopez provides a good overview of how Reagan “used coded racial appeals to galvanize white voters.”

During the 1980 presidential campaign, Reagan traveled to Philadelphia, Mississippi, site of the most notorious murders of the civil rights movement, to deliver this speech declaring his support for “states’ rights.” (full transcript) As Bob Herbert wrote many years later, “Everybody watching the 1980 campaign knew what Reagan was signaling at the fair. Whites and blacks, Democrats and Republicans – they all knew. The news media knew. The race haters and the people appalled by racial hatred knew. And Reagan knew.”

David Love chronicles Reagan’s “troubling legacy” on race. Not only did he oppose the Voting Rights Act of 1965, during the 1980 campaign he criticized that law as “humiliating to the South.”

In 1981, Reagan White House aide Lee Atwater gave a remarkably frank interview about the GOP’s “Southern strategy.” He described how overtly racist political rhetoric evolved into conservative slogans about busing or economic policies that hurt black people more than whites.

Peter Dreier reminds us that Reagan’s “indifference to urban problems was legendary” and notes that his administration “failed to prosecute or sanction banks that violated the Community Reinvestment Act, which prohibits racial discrimination in lending.”

On a related note, Reagan’s riff about “welfare queens” is perhaps the most famous example of how he used racial code words. Josh Levin published a fascinating profile of the con artist who inspired that part of Reagan’s stump speech.

President Barack Obama signed an executive order today that prohibits federal contractors from discriminating against workers based on sexual orientation or gender identity. Labor Secretary Tom Perez explained,

My colleagues in the Office of Federal Contract Compliance Programs have enforced the government’s nondiscrimination laws for federal contractors for years. Their work ensures that contractors and subcontractors doing business with the government don’t use taxpayer money to discriminate in employment on the basis of race, color, religion, sex, national origin, disability or status as a protected veteran. With this executive order, it will also include America’s LGBT workers.

We still need to go further. Passage of federal legislation to prohibit employment discrimination on the basis of sexual orientation or gender identity would mean that all workers across the country would enjoy these protections. But with Congress failing to lead on this issue, the president is taking the initiative as part of this Year of Action.

The Employment Non-Discrimination Act passed the U.S. Senate last fall with bipartisan support but is going nowhere in the Republican-controlled U.S. House.

Justin Sink noted in his report for The Hill that the president still wants Congress to pass that bill, although “some gay and civil rights groups have abandoned ENDA over concerns stemming from the Supreme Court’s Hobby Lobby decision.” After the jump I’ve posted more background on that aspect of today’s news. While the Hobby Lobby ruling ostensibly was limited to a religious exemption from the contraception mandate in the 2010 health care reform law, it’s likely to have more far-reaching effects.

Any relevant comments are welcome in this thread. I’ll update this post if needed with Iowa political reaction.

While checking for new Iowa Supreme Court rulings, I saw on the court’s official website that July 4 marked an important anniversary in Iowa judicial history. On that date in 1839, the territorial high court handed down its first ruling, which is still one of its most noteworthy opinions. “In the Matter of Ralph,” the Iowa Supreme Court ruled that a slave-owner from Missouri could not enforce a contract that would have required his former slave Ralph to return from Iowa to servitude. Writing for the court, Chief Justice Charles Mason acknowledged Ralph’s monetary debt but held that “no man in this territory can be reduced to slavery”

and that Montgomery had lost his right over Ralph in Iowa. The justices wrote, “When, in seeking to accomplish his object, he illegally restrains a human being of his liberty, it is proper that the laws, which should extend equal protection to men of all colors and conditions, should exert their remedial interposition. We think, therefore, that [Ralph] should be discharged from all custody and constraint, and be permitted to go free while he remains under the protection of our laws.”

The Iowa Supreme Court’s current Chief Justice Mark Cady has hailed the importance of that ruling, which “declared equality for all people, regardless of skin color, in a very powerful way.”

Amazingly, just 53 years ago today, civil rights activist John Lewis (now a member of Congress from Georgia) was released from prison after being jailed for more than a month. His “crime” had been to use a “white” restroom in the state of Mississippi.  

The U.S. Supreme Court has upheld a Missouri law establishing a 300-foot buffer zone around funerals, and has upheld some state laws creating buffer zones around abortion clinics. But today, all nine justices found that a Massachusetts law establishing a 35-foot buffer zone around abortion clinics violates the First Amendment of the Constitution. You can find the full texts of the majority opinion and two concurrences in McCullen et al v Coakley here (pdf).

Chief Justice John Roberts wrote for the majority, joined by Justices Stephen Breyer, Elena Kagan, Ruth Bader Ginsburg, and Sonia Sotomayor. The ruling found that although the Massachusetts law was not attempting to regulate speech based on content, “The buffer zones burden substantially more speech than necessary to achieve the Commonwealth’s asserted inter­ests,” which “include ensuring public safety outside abortion clinics, preventing harassment and intimidation of patients and clinic staff, and combating deliberate obstruction of clinic entrances.”

There is a long history of intimidating and sometimes violent protests outside Massachusetts abortion clinics. But the majority rejected state officials’ contention that the 2007 law was needed because a previous, less restrictive buffer zone law had not worked. The court argued that a more narrowly-tailored approach, stepping up law enforcement around the Boston clinic with the most problems, could achieve the same end without restricting protesters’ free speech in public areas.

Justice Antonin Scalia wrote a separate opinion, joined by Justices Anthony Kennedy and Clarence Thomas, concurring in judgment only. He would have thrown out the law because it regulates speech in a “content-based” manner and can’t survive the “strict scrutiny” standard which “requires that a regulation represent “the least restrictive means” of furthering “a compelling Gov­ernment interest.” Justice Samuel Alito wrote a separate opinion concurring in judgment. He would throw out the state law because it “discriminates based on viewpoint. Speech in favor of the clinic and its work by employees and agents is permitted; speech criticizing the clinic and its work is a crime.”  

In what may become one of this year’s most far-reaching court rulings, the U.S. Supreme Court ruled unanimously today that a right to privacy applies to cell phones, and that law enforcement cannot inspect the contents of cell phones without a search warrant. Chief Justice John Roberts, one of the high court’s five conservatives, wrote the opinion, which you can read in full here. Good summaries include David Savage’s report for the Los Angeles Times, Adam Liptak’s report for the New York Times, and this SCOTUSblog analysis by Lyle Denniston:

The Court rejected every argument made to it by prosecutors and police that officers should be free to inspect the contents of any cellphone taken from an arrestee.  It left open just one option for such searches without a court order:  if police are facing a dire emergency, such as trying to locate a missing child or heading off a terrorist plot.  But even then, it ruled, those “exigent” exceptions to the requirement for a search warrant would have to satisfy a judge after the fact.

The ruling was such a sweeping embrace of digital privacy that it even reached remotely stored private information that can be reached by a hand-held device – as in the modern-day data storage “cloud.”  And it implied that the tracking data that a cellphone may contain about the places that an individual visited also is entitled to the same shield of privacy.

I’m not surprised by the decision, but I’m surprised it was unanimous. It’s a very strong statement that police need to change their standard practices after arresting suspects will have to change.

I was so focused on the environmental impacts of Governor Terry Branstad’s recent vetoes, I failed to look closely at other appropriations in a supplemental spending bill he axed. Today I learned from Democratic State Senator Rob Hogg,

Saturday is the 50th anniversary of the start of Freedom Summer and the murder of Schwerner, Goodman and Chaney – it is too bad Governor Branstad vetoed the $300,000 the Legislature appropriated on a bipartisan basis to help the African-American Museum of Iowa collect Iowa’s civil rights history and educate the public about these historic events.

There it is on page 4 of Senate File 2363: $300,000 for “an oral history of civil rights” at the African-American Museum of Iowa in Cedar Rapids.

It’s maddening that Governor Branstad has no problem with tens of millions of dollars in tax giveaways to wealthy corporations, yet he pleads fiscal prudence when vetoing spending like this, which serves the public interest without major impact to the state budget. Many of the 1950s and 1960s civil rights activists have already passed away, and those who haven’t are senior citizens. “Freedom Summer” was a major event in 20th century American history. Some Freedom Summer veterans with connections to Iowa City or the University of Iowa have already told their stories to historians or recorded their memories on paper or film. The Historical Iowa Civil Rights Network are doing their part too, and you can follow their work here. I’m disappointed that the African-American Museum of Iowa won’t have the funding to collect and archive these stories on a larger scale.  

On behalf of Secretary of State Matt Schultz, the Iowa Attorney General’s office has asked the Iowa Supreme Court to review last month’s District Court decision invalidating a proposed rule that has been one of Schultz’s priorities. As Bleeding Heartland discussed here, the rule would allow the Secretary of State’s Office to check Iowa voters’ citizenship status against a federal database. Registered voters suspected of not being citizens would be informed by mail. Those who cannot prove their citizenship or do not respond within 60 days would be removed from the voter rolls.

Polk County District Court Judge Scott Rosenberg determined that Schultz overstepped his authority when he promulgated the rule. His decision in favor of the American Civil Liberties Union of Iowa and the Iowa League of United Latin American Citizens did not address a separate legal question: whether Schultz’s rule violated the right to vote.

If the Iowa Supreme Court overturns last month’s decision, that would mean only that the Secretary of State had the authority to establish the new rule in the absence of legislative action. Further litigation would determine whether the procedure Schultz envisioned could intimidate eligible voters or deprive them of their rights.

I expect the Iowa Supreme Court to uphold the District Court ruling. Regardless, the appeal may boost Schultz’s standing with Republican primary voters in the third Congressional district. They will love this part of yesterday’s press release from the Secretary of State’s Office:

“I have fought for integrity and voter’s rights.  We can’t allow non-citizens to cancel out the vote of Iowans, but at the same time, anyone accused deserves due process.  My rule gives voters more due process and protects the integrity of the vote,” Schultz said.

Any relevant thoughts are welcome in this thread. Schultz’s use of the phrase “due process” suggests to me a fundamental misunderstanding of his role. The Secretary of State is an administrator, not a law enforcement official.  

Polk County District Court Judge Scott Rosenberg ruled yesterday that Iowa Secretary of State Matt Schultz overstepped his authority when he promulgated a rule designed to identify and remove suspected non-citizens from Iowa voter rolls. Schultz first tried to enact a similar rule using “emergency” procedures during the summer of 2012, but a different Polk County judge issued a temporary injunction preventing the rule from taking effect before the 2012 general election.

Schultz then proposed a different version of the rule (full text here) and enacted it using the normal rulemaking process. Several advocacy groups claimed the rules could intimidate and/or disenfranchise legitimate Iowa voters. The American Civil Liberties Union of Iowa and the Iowa League of United Latin American Citizens restarted their voter suppression lawsuit last March. In September, District Court Judge Rosenberg rejected Schultz’s motion to dismiss the lawsuit, and in November, Rosenberg issued a temporary injunction preventing Schultz from implementing the rule before the court considered the merits of the case.

Yesterday Rosenberg found in favor of the plaintiffs, saying Schultz “lacked the statutory authority” to promulgate a rule allowing his office to use a federal database to check Iowa voters’ citizenship status. He further found that there was no rational basis for concluding that the rule was within the delegated authority of the Iowa Secretary of State’s office and ordered the respondent to pay legal costs. Schultz plans to appeal the ruling, which you can read in full at the Des Moines Register’s website. I doubt the Iowa Supreme Court will overturn this ruling, because the excerpts I’ve posted below are convincing.

Side note: I suspect that Schultz expected this verdict, and the likely failure of this crusade was one among several factors that prompted him to bail out of his current position in order to run for Congress in the open third district.

UPDATE: Added some comments from the ACLU of Iowa below. It’s worth noting that this ruling focused on the matter of Schultz’s authority and did not settle the question of whether his procedure would have wrongfully intimidated eligible voters or deprived them of their voting rights.

Since Democrats changed U.S. Senate rules in November to remove the 60-vote threshold for cloture motions on most presidential nominees, senators have confirmed dozens of President Barack Obama’s appointees as federal judges, ambassadors, and to various executive branch positions. In fact, fifteen presidential nominees sailed through the process during the past month alone.

Yesterday, for the first time under new Senate rules, Democrats could not muster even a simple majority of votes in favor of cloture on a presidential nominee. Alexander Bolton and Ramsey Cox reported on the controversy that torpedoed Debo Adegbile’s nomintaion to be assistant attorney general in charge of the Justice Department’s civil rights division. Critics said Adegbile was unfit for the job because as director of litigation for the NAACP Legal Defense Fund, he had supported efforts commute the death sentence of Mumia Abu-Jamal, “who was convicted of killing Philadelphia police officer Daniel Faulkner in 1981.”

Seven Democrats joined all the Republicans present to defeat the cloture motion on Adegbile’s nomination by 52 votes to 47 (roll call). The Iowans split along party lines, with Senator Tom Harkin supporting cloture on Adegbile’s nomination and Senator Chuck Grassley voting against the motion. Harkin sharply criticized his colleagues, saying Adegbile would have been confirmed if he were white.

Bolton and Cox saw yesterday’s vote as “a stinging defeat for Obama.” I see it as a more stinging defeat to basic concepts underlying the American justice system: everyone has a right to a defense, and defense attorneys should not be held accountable for their clients’ conduct. Going back to the colonial period, this country has a tradition of attorneys providing a vigorous defense at trial to even odious criminals. President John Adams remained proud of his work defending the British soldiers responsible for the Boston Massacre of 1770 and opposing the death penalty for them, even though they had shot and killed patriots.

UPDATE: Added comments from Harkin after the jump.

Governor Terry Branstad’s office released a long list of nominees to state boards and commissions yesterday. I’ve posted the full list after the jump. As he’s done during the past three years, the governor tapped several former state legislators or onetime Republican candidates for the Iowa House or Senate. The latest batch of appointees includes former GOP State Representative Lance Horbach for the State Judicial Nominating Commission, former GOP State Representative Jamie Van Fossen for the Public Employment Relations Board, and former GOP State Senator John Putney for the State Transportation Commission.

Branstad also re-appointed former GOP State Senator Jeff Lamberti to the Racing and Gaming Commission. I’m not surprised; the governor has expressed his confidence in him many times, even immediately after Lamberti’s drunk driving arrest in May 2012. A few weeks later, Lamberti pled guilty to driving while intoxicated, after which his colleagues elected him chairman of the Racing and Gaming Commission.

Several Iowa lawmakers in both parties have been caught driving after drinking too much alcohol. Lieutenant Governor Kim Reynolds was arrested for drunk driving twice while serving as a county treasurer. Arguably, Lamberti’s lapse in judgment is no impediment to leading one of the most powerful state commissions, which will soon make a high-profile decision on granting licenses to two new casino projects.

At the same time, it’s striking that Branstad, so committed to a continuing role in public life for Lamberti, so committed to seeing Reynolds succeed him as governor, is also determined to prevent tens of thousands of Iowans from ever participating in politics at the most basic level for a U.S. citizen. Since he signed an executive order making Iowa one of the most restrictive states for felon voting, only about 40 people have managed to regain their voting rights out of an estimated “25,000 offenders who finished their sentences for felonies or aggravated misdemeanors” since January 2011. Branstad’s policy affects mostly non-violent criminals. Non-white Iowans are more likely to be permanently disenfranchised, since Iowa is the worst state for racial disparities in marijuana arrests.

Branstad recently defended his policy on these terms: “At least somebody that commits an infamous crime such as a felony ought to pay the court costs and the fine associated with that crime before they expect to get their rights restored.” The governor knows perfectly well that most ex-felons are lucky to find a job that covers essentials like food and housing. Repaying thousands of dollars in court costs is not realistic for most of these people. Moreover, “infamous” crimes can include stealing a vending machine as a teenager. Denying thousands of Iowans a real chance to exercise their right to vote is a scandal, especially for a governor so forgiving of serious mistakes made by certain well-connected Republicans.