Tom Witosky retired from the Des Moines Register in 2012 after 33 years of award-winning reporting on politics, sports and business. He is the co-author of Equal Before the Law: How Iowa Led Americans to Marriage Equality published by University of Iowa Press. -promoted by desmoinesdem

If it waddles like a duck and quacks like a duck, it’s a duck — even if it looks like a horse and a slot machine.

That adage appears to be the bottom line for U.S. Internal Revenue Service officials, who, after close to 20 years of allowing Prairie Meadows Racetrack and Casino to operate as a non-profit under U.S. Chapter 501(c)(4), now want a share of the $2.2 billion largesse the so-called “racino” generates annually.

Here is a piece of advice about the ongoing controversy: Nothing is going to change for several years unless there is a settlement that won’t change much of anything.

The Iowa Utilities Board voted today to allow Dakota Access LLC to begin construction of the Bakken pipeline on Iowa land that is not subject to the federal permitting process and where the company has obtained easements from landowners. The decision marks a shift from the stance the board took when approving the pipeline proposal in March.

In an emotional White House address, President Barack Obama announced today new executive actions aimed at reducing gun violence, including suicides as well as homicides and other crimes.

• Background Checks: Require all gun sellers — including online and at gun shows — to have a license and perform background checks. Have the FBI overhaul the existing background-check system.
• Enforcement: Improve the use of America’s existing gun laws, and add 200 new agents to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
• Mental Health: Remove barriers that can keep states from reporting and sharing information about people barred from owning guns for mental health reasons, and spend $500 million to increase access to mental health care.
• Technology: Push for research in gun safety technology, such as “smart guns” that can only be fired by authorized users. The research would be done by the Departments of Defense, Justice, and Homeland Security. The White House notes the federal government is “the single largest purchaser of firearms in the country.”

I enclose below more details on steps the president ordered as well as Iowa political reaction. I will update this post as needed, since some of the Iowans in Congress neither released statements on this issue nor responded to my requests for comment.

Dave Swenson

The EPA finally announced the amount of ethanol that will be blended with the nation’s fuel supply in 2015 and the amount to be blended in 2016 (see this summary in Bleeding Heartland). Depending on where your headline writers live, this was reported as a win for ethanol or a disappointment to the biofuels industry. Here in Iowa, the Des Moines Register told us that Iowa’s ethanol producers, notwithstanding a boost in ethanol mandate levels from earlier EPA proposals this year, found it necessary to “criticize new EPA fuel standard.”

A reasonable person might wonder, what’s up? What’s up, is the ethanol industry has an insatiable demand for public support of ethanol consumption, and it views any erosions in that support as an unforgiveable betrayal.

Iowa politicians from both parties may disagree on hundreds of policy issues, but they have long been united in supporting the biofuels industry. Iowa’s elected officials expressed outrage in late 2013, when the U.S. Environmental Protection Agency proposed reducing the Renewable Fuel Standard, a “federal program that requires transportation fuel sold in the United States to contain a minimum volume of renewable fuels.” Governor Terry Branstad and then-Representative Bruce Braley were among those who urged the EPA not to reduce the amount of ethanol required. Political pressure eventually delayed the EPA’s action on adjusting the Renewable Fuel Standard.

Yesterday the EPA released the final version of the RFS. More details, background and supporting documents on the rule are available here. The final standards for 2014 and 2015 “reflect the actual amount of domestic biofuel used in those years, and standards for 2016 (and 2017 for biodiesel) […] represent significant growth over historical levels.” They rule also sets higher goals than those the EPA proposed earlier this year. Christopher Doering reported for the Des Moines Register,

Janet McCabe, the acting assistant administrator for EPA’s Office of Air and Radiation, said in an interview the ethanol quotas follow Congress’ intent to promote the increased use of renewable fuels. She said slower-than-expected growth in the nascent cellulosic ethanol industry and lower gasoline demand made the 2007 figures from Congress no longer achievable.

These numbers will “really drive the volumes significantly beyond where they have been in the last couple of years, which is what Congress intended, and that’s substantial growth, achievable growth,” McCabe said. “The industry is going to really have to push to achieve these, but it provides the signal they’ve been asking for. I think when people look at the numbers they will see that this really is very good for the industry.”

Nevertheless, Iowa politicians expressed strong disapproval yesterday of the EPA’s final rule. I’ve enclosed below statements from the governor’s office and several members of Congress and will update this post as needed.

Once you venture outside political circles, you can find Iowa voices questioning the consensus about federal policy on biofuels. At a January 2014 hearing organized by Branstad, Francis Thicke was the only speaker “to talk about the ‘other side’ of ethanol,” arguing that it is “disingenuous to frame the debate on the Renewable Fuels Standards (RFS) as a struggle between farmers and Big Oil.” Bleeding Heartland user black desert nomad also defended the EPA’s planned update to the RFS. Whereas elected officials tend to cite Renewable Fuels Association statistics as gospel, Iowa State University economist Dave Swenson has questioned industry claims regarding biofuels production and job creation.

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

In what the Des Moines Register’s editors described as a “new low in the out-of-control race to keep or attract employers,” a state board unanimously approved $4.75 million in financial assistance to Kraft Heinz, which plans to replace a large factory in Davenport with a new facility on the northwest side of town. Although at least 900 people are expected to lose their jobs in the downsizing, the city of Davenport will put up $10 million in tax-increment financing to support the project. The Iowa Department of Transportation and the city are expected to commit $5.8 million for road work around the new factory site too. Never one to shy away from handing state funds to large corporations, Iowa Economic Development Authority Director Debi Durham has let all downsizing companies know that the state of Iowa’s wallet is open: “‘Will I take this deal any day? You bet,’ Durham said Thursday morning. ‘This is a future play.’” Durham also told reporters she “expects the state to do more of these kinds of deals in the future, as more massive companies merge.”

Iowa State University economist Dave Swenson characterized the Kraft Heinz incentive package as “bizarre,” adding, “The idea of providing public assistance for a company that has billions of dollars of annual sales cannot make sense to anybody.” The Register’s editors noted, “the company could get $20.75 million in state and local assistance,” which “works out to nearly $43,700 for every job Kraft Heinz agrees to keep”–and roughly 200 of the jobs the company promised to save will pay less than $37,000 a year.”

Speaking of lousy deals, Iowa’s plan to privatize Medicaid looks worse and worse. A post in progress will discuss this policy in more detail; for now I enclose below excerpts from several stories by Jason Clayworth for the Des Moines Register. In recent weeks, Clayworth has exposed damning facts, including:

• Some claims made in bidding documents from the four private insurers chosen to manage Medicaid in Iowa “contain unverifiable data, misleading statements or half-truths.”

• No data support the government’s estimate that privatizing Medicaid would save $51 million from the state budget during the first six months of the program.

• The insurers selected to manage Medicaid “have each been held accountable in other states for serious service and administrative errors, including some that wrongly delayed or denied medical services to poor residents […].”

• Iowa’s Medicaid director Mikki Stier “had improper communications with an insurance company consultant and former lawmaker during a critical review period that ended with the for-profit company being selected” as a managed care provider for Medicaid.

A November 6 letter from the Centers for Medicare and Medicaid Services to Stier enumerated “significant concerns” about the transition to managed care; excerpts from that letter are at the end of this post. Federal officials and Iowa Senate Democrats have scheduled “listening sessions” around the state to focus on Medicaid privatization. Click through for meeting details, as well as a list of state and federal officials to contact with concerns. Only the feds can stop this train by denying the necessary waivers. Branstad administration officials have been unmoved by any of the Register’s revelations or by the risks to vulnerable Iowans, which many speakers raised during Legislative Oversight Committee hearings on November 3.

On the last day of the 2015 fiscal year, both houses of Congress passed a “clean” continuing resolution to fund the federal government through December 11. Conservative Republicans failed to add language ending all federal funding for Planned Parenthood. The White House has said President Barack Obama would veto any continuing resolution that did not include funds for the health care provider.

Senate leaders gave up this fight for the time being after a September 24 cloture motion on a short-term spending bill that excluded Planned Parenthood fell well short of the 60 votes needed. Iowa’s Senators Chuck Grassley and Joni Ernst both supported that bill, but it only gained 47 votes in favor.

Yesterday the U.S. Senate advanced a short-term continuing resolution without special language about Planned Parenthood. This time the cloture motion passed easily by 77 votes to 19 (roll call), with Grassley and Ernst both voting in favor. Today’s vote on the continuing resolution itself was 78 to 20; again Grassley and Ernst supported the measure. In a conference call with Iowa reporters today, Grassley indicated that a partial government shutdown, as occurred in October 2013, would be costly: “We shouldn’t do anything silly to add to the bad fiscal situation the federal government is in.”

Of the senators who are running for president, Bernie Sanders voted for the continuing resolution. Rand Paul and Ted Cruz voted against it; Cruz fought a lonely battle yesterday “to add a one-year ban on federal funding for Planned Parenthood” to the resolution. Marco Rubio and Lindsey Graham were on the campaign trail and missed these important votes.

Later this afternoon, the House approved the continuing resolution by 277 to 151 (roll call). All the Democrats present voted yes, including Representative Dave Loebsack (IA-02). Iowa’s House Republicans split with David Young (IA-03) joining 90 other GOP members in support of the resolution. Rod Blum (IA-01) and Steve King (IA-04) were among the 151 no votes. Earlier today, King had submitted four amendments to the continuing resolution in the House Rules Committee. In a statement I’ve enclosed in full below, King said his amendments would “restore Article I authority” to Congress by defunding Planned Parenthood, the Iran nuclear deal, President Obama’s executive orders on deferring deportations for some immigrants brought to this country illegally, and the 2010 health care reform law. However, King did not manage to get his amendments added to the continuing resolution.

I’ve enclosed political reaction to today’s votes after the jump and will update this post as needed with comments from other members of the Iowa delegation. Blum is spinning his vote against the resolution as a stand against “back room deals” and kicking the can down the road, as opposed to a vote for shutting down the government.

On Monday the U.S. Environmental Protection Agency released the final version of “stronger protections for the nation’s two million agricultural workers and their families working on farms, forests, nurseries, and greenhouses. These revisions to the 1992 Agricultural Worker Protection Standard will afford farmworkers similar health protections that are already afforded to workers in other industries.” Under the old rules, exposure to chemicals incurred “an estimated $10 million to $15 million in annual health costs” among farm workers The new rules do not cover “persons working with livestock” and exempt “farm owners and their immediate family with an expanded definition of family.” I’ve enclosed after the jump a fact sheet summarizing key changes, a short summary of the public health case for the rule, and a graphic that shows the old and new rules side by side. Click here for the EPA’s press release on the changes and here for a more detailed five-page chart.

Fruit and vegetable farming isn’t a huge industry in Iowa like it is in states with longer growing seasons, such as California or Florida. Still, Iowa farms have been producing more of what some call “specialty crops” as more consumers here seek out local food. Moreover, expanding fruit and vegetable production in Iowa has potential to create jobs and increase local incomes, according to this 2010 paper by Iowa State University economist Dave Swenson. So I sought comment from the Iowans in Congress on the new regulations. At this writing, I have not heard back from the offices of House Representatives Rod Blum (IA-01), Dave Loebsack (IA-02), David Young (IA-03), or Steve King (IA-04). I also haven’t received a comment from Senator Chuck Grassley. Senator Joni Ernst’s communications director sent the following:

Senator Ernst believes that once again the Obama Administration is overstepping its bounds, expanding onerous regulations that fail to consider the full impact on stakeholders, like Iowa’s agriculture industry. The EPA is continuing to act as an unchecked federal agency, adding burdensome new rules and costs. In addition, the EPA completely ignores the safety progress that has already been made under existing guidelines for our youth.

Iowa politicians tend to be hostile to any new regulation affecting farms or other agricultural facilities. Most of Iowa’s federal representatives opposed the U.S. Department of Labor’s efforts in 2011 to update protections for children on working farms. Every Iowan in Congress except for Senator Tom Harkin welcomed the department’s decision to withdraw that rule in April 2012.

A spokesperson for Governor Terry Branstad said they don’t have a reaction to the new farm worker safety rule yet but will evaluate it “in its entirety.” I can’t think of a time Branstad supported any regulation of farming practices, so I assume he will not be favorably disposed toward the new EPA rule. But if he’s serious about making Iowa the “healthiest state,” reducing unnecessary exposure to pesticides would be a worthy goal to embrace.

The final Clean Power Plan released on August underplays the role of natural gas in reducing carbon emissions in comparison to the draft Clean Power Plan rules released in 2014. According to the America’s Natural Gas Alliance President Martin Durbin, initial indications from the final Clean Power Plan rues indicate that the White House discounted gas’s ability to reduce GHG emissions quickly and reliably while contributing to growth and helping consumers.

For the last few years, natural gas was considered to be a bridge between carbon-intensive fuels such as coal and the clean energy of the future. Given that natural gas releases 50% fewer greenhouse gas emissions compared to coal, it was certainly a great substitute. However, the recent growth in the renewable energy industry is quickly proving that we may not need this bridge fuel after all.  Here is why.  

The U.S. Election Assistance Commission has determined that spending $240,000 on criminal investigations of voter fraud in Iowa was an “allowable, allocable and reasonable” use of federal Help America Vote Act funds, Ryan Foley reported for the Associated Press today. I enclose the commission’s two-page memorandum of August 13 after the jump (hat tip to Foley). A spokesman for the commission told the AP “he wasn’t aware of other states using HAVA funding for similar investigations.”

Former Secretary of State Matt Schultz made battling voter fraud a major theme of his four years in office. The full-time investigator, pulled from other work at the Iowa Department of Criminal Investigations, turned up a few examples of improper registration and voting but no evidence of any large-scale voter fraud problem. Democratic State Senator Tom Courtney was among the leading critics of Schultz’s use of HAVA funds for that purpose. In October 2012, he requested state and federal audits of the matter. Deputy State Auditor Warren Jenkins announced in December 2013 that his office’s review could not determine whether criminal investigations were a proper or improper use of HAVA funds. He advised the Secretary of State’s Office to “have a plan in place” in case Iowa needed to repay the money to the federal government later.

The commission’s ruling is a lucky break for Schultz, who was elected Madison County attorney last November after losing the GOP primary in the third Congressional district. He’s keeping busy now as state chair for Senator Ted Cruz’s presidential campaign. When Schultz seeks higher office again, he can claim he was vindicated in using federal funds to investigate fraud.

For those wondering why it took federal officials so long to consider Iowa’s use of HAVA money: because Senate Republicans refused to confirm President Barack Obama’s nominees, the Election Assistance Commission didn’t have the necessary quorum to take any official actions from 2010 until January of this year, when three new commissioners were sworn in. Senators had confirmed them during the December 2014 lame-duck session of Congress as part of a large bloc of nominees approved by unanimous consent.

UPDATE: Added below a statement from Courtney urging Secretary of State Paul Pate “to formally pledge not to use federal funds for any future voter purge effort” and to make clear “that Iowa is no longer one of the states where election officials use tax dollars to suppress voter turnout.”

SECOND UPDATE: Schultz told the AP, “This was always about improving the administration of elections.” Rita Bettis, legal director for the American Civil Liberties Union of Iowa, called it “truly troublesome for our national democracy” that Schultz’s “model of voter intimidation can now be exported to other states ahead of the 2016 General Election.”

Yesterday the U.S. Environmental Protection Agency released the final version of its Clean Power Plan for existing power plants, the “first-ever national standards to limit carbon pollution from power plants.” The final rule differs from the EPA’s original proposal last June in several respects. An EPA fact sheet spells out the key changes to the Iowa targets:

The goals are much closer together than at proposal. Compared to proposal, the highest (least stringent) goals got tighter, and the lowest (most stringent) goals got looser.

o Iowa’s 2030 goal is 1,283 pounds per megawatt-hour. That’s on the high end of this range, meaning Iowa has one of the least stringent state goals, compared to other state goals in the final Clean Power Plan.

o Iowa’s step 1 interim goal of 1,638 pounds per megawatt-hour reflects changes EPA made to provide a smoother glide path and less of a “cliff” at the beginning of the program.

You can read the final Clean Power Plan and related documents here. The EPA has posted a good summary of current climate change research here. After the jump I’ve enclosed excerpts from a White House list of benefits from the plan, the EPA’s two-page fact sheet about Iowa, and a graphic showing how much power plants contribute to U.S. carbon emissions relative to other major sources.

Renewable energy resources should make it easy for Iowa to meet the carbon emissions targets. I’ve also enclosed below excerpts from Donnelle Eller’s report for the Des Moines Register and Alisa Meggett’s commentary for the Cedar Rapids Gazette. The facts about wind and solar power’s potential belie scary rhetoric from the U.S. Chamber of Commerce and various groups funded by fossil fuels interests about how the Clean Power Plan will affect businesses and consumers.

Reducing carbon emissions will incur massive collateral health benefits. The Physicians for Social Responsibility report Coal’s Assault on Human Health is still the best one-stop shop on why coal combustion causes so many premature deaths and chronic health problems. On the editorial page of today’s Des Moines Register, Dr. Yogesh Shah, associate dean of global health at Des Moines University, outlined the “human health effects of climate change,” which “are real and already being felt in Iowa.” Scroll to the end of this post to read excerpts, or better yet, click through to read his whole piece.  

The best news in Iowa this week came out of a federal courtroom in Cedar Rapids. As Ryan Foley reported for the Associated Press, “Iowa’s second-largest power company agreed Wednesday to drastically cut pollution at several coal-fired power plants under a Clean Air Act settlement that’s expected to make the air safer and easier to breathe around the state.” You can read the full consent decree here and the complaint filed against the Alliant Energy subsidiary Interstate Power and Light here.

Huge credit for the victory goes to the Sierra Club Iowa chapter. Foley reports that this federal government enforcement action “started in 2011 when the Sierra Club filed a notice accusing the company [Interstate Power and Light] of violating the Clean Air Act.” The Sierra Club advocates for a range of policies to reduce air pollution and Iowa’s reliance on coal to generate electricity.

I enclose below highlights from Foley’s article and five reasons the changes at the affected power plants will save Iowans’ lives.

The agreement U.S. officials reached with Interstate Power and Light is also an encouraging sign that a recent U.S. Supreme Court decision against the Environmental Protection Agency’s rule on mercury emissions is at most a temporary setback for clean air. In some communities, the court’s ruling won’t even slow down efforts to convert coal-fired plants to other fuel sources.

If only Governor Terry Branstad, who has often spoken of his desire to make Iowa the “healthiest state,” could recognize the benefits of burning less coal. Although Branstad was happy to bask in the reflected glory of new pollution controls at one of the affected Interstate Power and Light power plants, he welcomed the U.S. Supreme Court ruling against the mercury rule, which the governor’s office characterized as a “misguided” EPA regulation.  

Not for the first time and probably not for the last time, Governor Terry Branstad dropped a lot of line-item vetoes late in the afternoon before a holiday weekend. Early news reports are understandably focusing on the vetoes of one-time funding for K-12 education and state universities, as well as language that would have kept mental health institutions in Clarinda and Mount Pleasant open. Bleeding Heartland has a post in progress about the fallout from those actions and others, including Branstad’s decision to strike language that would have expanded child care assistance.

Democratic State Representative Sharon Steckman called attention to several other line-item vetoes that flew below the radar yesterday. One of them seems particularly important, as it could put the State of Iowa at odds with U.S. Department of Labor demands to “strengthen Iowa’s compliance with Federal law” and keep administrative law judges “free from actual or perceived intimidation.”

JULY 6 UPDATE: The vetoed language pertained to administrative law judges working for the Public Employment Relations Board, not Iowa Workforce Development; see further details below.

While Congress is on recess until after July 4, it’s time to catch up on an unusually busy few weeks in June for U.S. House members. Bleeding Heartland previously covered how Iowa’s representatives voted on the failed and successful attempts to pass trade promotion authority, repeal of country-of-origin labeling requirements for meat, a bill to eliminate a tax on medical devices, and the Intelligence Authorization Act.

Follow me after the jump to find out how Democrat Dave Loebsack (IA-02) and Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) voted on the latest defense budget bill, more trade-related policies, and legislation dealing with chemical safety, Medicare cost controls, and regulations of greenhouse gas emissions from power plants. Iowa’s representatives also voted last week on a matter relating to the growing national controversy over Confederate symbols.

Something you don’t see often when looking through Congressional roll calls: three of Iowa’s four House members crossed party lines more than once during the floor debate on the defense budget.

The U.S. Treasury Department announced yesterday, “Treasury Secretary Jacob J. Lew has decided that the new $10 note should feature a woman who was a champion for our inclusive democracy […].”

Many people shared my immediate reaction: why not dump President Andrew Jackson from the $20 bill instead? Binyamin Appelbaum put it most succinctly: “Hard choices: Should we get rid of the hard-working immigrant on the $10 bill or the homicidal racist on the $20 bill? Hmmmmm”. Alexandra Petri explained in more detail why Jackson doesn’t deserve the honor of being on our currency. Among other things, he bears responsibility for the Indian Removal Act and the subsequent “Trail of Tears,” one of the most shameful crimes in U.S. history. As Steven Mufson pointed out, Hamilton “was a founding father, co-author of the Federalist Papers, Revolutionary War staff aide to George Washington, first Treasury Secretary and architect of the early American economy.’ Someone already started a White House petition to keep Hamilton on the $10 bill, but the Treasury Department’s FAQ page on “The New 10” don’t indicate that switching the $20 bill is an option.

Currency is primarily redesigned as necessary to address current and potential security threats to currency notes. When recommending a note for redesign, the Advanced Counterfeit Deterrence (ACD) Steering Committee considers these primary goals: that U.S. currency utilizes unique and technologically advanced security features to deter counterfeiting, that it facilitates the public’s use and authentication, provides accessibility and usability, and maintains public confidence. Based on analysis of these criteria, in June 2013, the Committee recommended that the $10 note should be the next note to be redesigned, assuming no other counterfeit threats emerge.

This thread is for any opinions about who belongs on the new currency. My first choice to celebrate women’s contributions to democracy would be Carrie Chapman Catt, a “Key coordinator of the woman suffrage movement and skillful political strategist.” She grew up in Charles City, Iowa, graduated from what later became Iowa State University, then worked in Charles City and Mason City.

Another good choice would be Francis Perkins, the first woman to serve in the president’s cabinet as labor secretary under Franklin Delano Roosevelt.

Two provisions of the Patriot Act and one other legal provision granting surveillance powers expired on Sunday night, as the U.S. Senate failed to pass either a short-term Patriot Act extension or the House-approved USA Freedom Act, which would revise parts of that law. Jamie Dupree wrote a good overview of the key points of contention, including the National Security Agency’s bulk data collection practices. Julian Hattem previews the next likely steps in the Senate and House (assuming the Senate approves an amended version of the USA Freedom Act this week). Carl Hulse analyzed the “lose-lose-lose result” for Senate Majority Leader Mitch McConnell, who prefers not to curtail NSA surveillance powers but arguably “overplayed his hand.”

How Congress will resolve this dispute remains unclear, but we have learned one thing from the last ten days: Iowa’s Senators Chuck Grassley and Joni Ernst oppose the current bipartisan compromise on how to revise the Patriot Act. For Ernst, the expiring Patriot Act provisions “are critical to the safety and security of our country”–a view similar to Representative Steve King’s reasons for voting against “data disarmament” when the House considered the USA Freedom Act.

In Grassley’s more nuanced view, Congress should enact “meaningful reform by ending the NSA’s bulk collection of Americans’ telephone records under Section 215” of the Patriot Act, while allowing the government to gather such information in a targeted way. Grassley also objects to how the USA Freedom Act would reform the Foreign Intelligence Surveillance Court.  

Details on the relevant Senate votes are after the jump, along with statements from Grassley and Ernst. I’ve also noted which Republican senators who are running for president supported either the USA Freedom Act or a short-term Patriot Act extension.

UPDATE: Grassley and Ernst split on June 2 as the Senate passed the USA Freedom Act. Details on their votes are below, along with their explanations. While Iowa’s two Republican senators have voted differently on a handful of amendments or motions related to consideration of other bills, today’s votes represent their first major policy disagreement since Ernst was sworn in.

Scroll to the end of this post for details on how the GOP presidential candidates voted today.

The FCC’s landmark decision in February to protect net neutrality was widely heralded as a victory for most Internet users. The Federal Communications Commission even committed to making America’s broadband networks fast, fair, and open. However, as more information became available, it became clear that the FCC’s decision to reclassify the Internet as a depression-era utility would make it anything but fair.

Title II was developed for old communication devices, like telephone networks in the 1930s. This regulatory classification is more than 80 years old, and was never intended for the fast-moving, innovative world of Internet and app infrastructure. Title II will re-classify the Internet as a utility, and increase state and local fees for Internet access. Infrastructure issues, when left to Congress to update, become a part of a slower-moving, bureaucratic structure. Upgrades to the Internet happen much faster than upgrades to roads and bridges; it does not make sense to regulate them the same way.

Instead of making sure that the Internet remained open for all, the FCC’s decision ensured that low-income and underserved Americans will pay higher rates, making the Internet less accessible. Dozens of groups have spoken out about how Title II regulation will be harmful for small businesses, particularly those owned by minority groups. When chambers of commerce and unions agree that something is harmful, it is generally a good sign that it is time to re-think.

Representatives Blum, Loebsack, Young, and King should follow the lead of the diverse coalition that has spoken out against Title II regulation – including the Communications Workers of America, the NAACP, the National Association of Manufacturers, the National Black Chamber of Commerce, the United State Hispanic Chamber of Commerce, the US Chamber of Commerce, the National Urban League, the National Gay and Lesbian Chamber of Commerce, and dozens more – to draft bipartisan legislation that protects all Internet users from high fees and keeps the Internet truly open.  

An important Congressional vote went unreported in the Des Moines Register this week, despite two lead editorials in the paper within the past month urging Congress to act on that very issue.

The disconnect provides a good example of a problem I flagged in this post about the Des Moines Register’s political coverage. Ever since the Register closed its Washington bureau, Iowans are less likely to know what our representatives in Congress are doing on our behalf.  

Yesterday the U.S. House approved the USA Freedom Act, which revises some provisions of the 2001 Patriot Act and extends them until December 2019. The Patriot Act is set to expire on June 1 without Congressional action. The main changes in the bill concern bulk data collection and domestic surveillance by the National Security Agency. Groups advocating for civil liberties are seeking more changes to the USA Freedom Act following a recent federal appeals court ruling, which “determined that the NSA’s telephone records program went far beyond what Congress authorized when it passed Section 215 of the Patriot Act in 2001.”

Proponents argue that the USA Freedom Act strikes a reasonable compromise between security and privacy. The overwhelming majority of House members agreed, as the bill passed by 338 votes to 88 (roll call). Representative David Young (IA-03) was among the 196 Republicans who voted yes, while Representative Dave Loebsack (IA-02) was among the 142 Democratic supporters.

Forty-one Democrats and 47 Republicans, including Iowa’s Steve King (IA-04) and Rod Blum (IA-01), opposed the USA Freedom Act. In a statement I’ve enclosed in full below, King warned that the bill amounted to “data disarmament,” with too little weight given to “the investigative value” of information gathered through bulk collection techniques, or how to protect “the vital data we need for national security.”

In a Twitter post yesterday, Blum said he voted against the bill “because it continues the violation of the 4th Amendment rights of American citizens.” In a Facebook post, Blum added, ” Protecting your constitutional right to privacy is one of my top priorities, and I will continue to stand strong for the Fourth Amendment in Congress. I think America can be secure WITHOUT sacrificing our civil liberties.” I am seeking a more extensive comment and will update this post if I receive one. Blum has long aligned himself with the Iowa GOP’s “Liberty” wing.

The U.S. House voted today by 261 votes to 155 to prevent the U.S. Environmental Protection Agency from implementing the “waters of the United States” rule. The EPA released the final version of that rule last month. The American Farm Bureau Federation and other agribusiness groups have long bashed the proposed regulation as a threat to farmers. Last summer, Kyle Rabin wrote a clear and concise “debunking” of the Farm Bureau’s deceptive hyperbole.

Today’s votes to pass the “Regulatory Integrity Protection Act” came from 24 Democrats and all the Republicans present, including Representatives Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04). Meanwhile, Representative Dave Loebsack (IA-02) voted with most of the House Democrats against the bill–a pleasant surprise, since he voted for last year’s version of the same legislation.

I’ve been accused of being hostile to Loebsack, in part because Bleeding Heartland has called attention to a few bad votes for Republican bills seeking to rein in the EPA. Some of those bills were merely silly, while others posed a real threat to public health if enacted. I appreciate that since last November’s election, Loebsack has voted against several House GOP efforts to target the EPA. More like that, please.

Any relevant comments are welcome in this thread. I haven’t seen any official statement from the Iowans in Congress about today’s vote, but I’ll update this post as needed.

Dave Swenson

Senator John Thune, from my home state of South Dakota, has a degree in business and an MBA.  He knows little of tax math, incidence, or outcomes from what I can tell. Like many mouthpieces on many topics, he doesn’t let facts get in the way of a heartfelt story, though.  And the best story the GOP has spun over the last decade or so is the tale of woe and intrigue associated with the dreaded federal estate tax, which they’ve disingenuously rebranded as the “death tax.”

Thune co-sponsored the just-passed House bill to eliminate the federal estate tax and at that time said:

For too long the federal government has forced grieving families to pay a tax on their loved one’s life savings that has been built from income already taxed when originally earned. Currently more than 70 percent of family businesses do not survive to the second generation, and 90 percent of family businesses do not survive to the third generation.

Without citing one example, Thune intimated that the federal estate tax was destroying or would destroy businesses and was terrorizing grieving survivors.

Today the U.S. House passed a new version of a bill to change who can serve on the Environmental Protection Agency’s scientific advisory board. As happened last year, the Iowans split along party lines.

The U.S. Department of Labor’s Employment and Training Administration has given Iowa Workforce Development Director Beth Townsend a list of tasks to “strengthen Iowa’s compliance with Federal law” and address various concerns about the actions of Teresa Wahlert, Townsend’s predecessor.

It’s another sign that while Wahlert may not be Governor Terry Branstad’s worst appointee during his current administration, she’s a solid contender.

Before adjourning for a weeklong recess for Presidents’ Day, the U.S. House of Representatives approved two bills extending some tax credits that had expired at the end of 2014. Follow me after the jump for key points of the legislation and how the Iowans voted.

Catching up on news from last week, the U.S. Senate confirmed Ashton Carter as secretary of defense by 93 votes to 5 (roll call) on February 12. Only five Republicans opposed the nomination, which is rare for President Barack Obama’s administration. Iowa’s Senators Chuck Grassley and Joni Ernst both supported Carter, and I’ve enclosed their statements after the jump. Grassley emphasized that he will “continue to press for clean, accurate audits at the Defense Department,” while Ernst praised Carter’s “strong support and dedication to our service members and their families.” Ernst serves on the Senate Armed Services Committee, which unanimously forwarded Carter’s nomination earlier in the week. Kristina Wong reported for The Hill, “Republicans on the committee were particularly pleased that Carter said he would consider recommending that Obama modify his Afghanistan troop drawdown schedule, if necessary, and that he was inclined to arm Ukraine against Russian aggression.”

I’ve also enclosed below Carter’s official bio, summarizing his extensive Pentagon experience.

On February 9, Grassley and Ernst joined their colleagues in unanimously confirming Michael Botticelli as director of the White House Office of National Drug Control Policy. Grassley’s statement on the country’s new “drug czar” is after the jump too. He praised Botticelli for recognizing “the dangers of smoking marijuana.” In recent testimony before a U.S. House committee, Botticelli said “The [Obama] Administration continues to oppose attempts to legalize marijuana and other drugs.”

The U.S. House approved two more anti-regulation bills this week. On February 4, all the Republicans present and nine Democrats passed the “Unfunded Mandates Information and Transparency Act of 2015” by 250 votes to 173 (roll call). The following day, nineteen Democrats joined the whole GOP caucus to approve the “Small Business Regulatory Flexibility Improvements Act of 2015” by 260 votes to 163 (roll call).

Iowa Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) voted for both bills. Democrat Dave Loebsack (IA-02) opposed them both; he also voted against last year’s version of the unfunded mandates bill.

The bill claiming to deal with unfunded mandates “would further require agencies to consult with private sector entities impacted by the proposed rules,” Cristina Marcos reported. The bill approved on Thursday “would require federal agencies to calculate the direct, as well as indirect, costs of proposed rules.”

I haven’t seen any public comment on these votes from the Iowans in Congress, but after the jump I enclose open letters from leaders of the Coalition for Sensible Safeguards, an alliance of more than 150 “consumer, small business, labor, scientific, research, good government, faith, community, health, environmental, and public interest groups.” They urged House members to reject the Unfunded Mandates Information and Transparency Act, because it “neither improves nor streamlines the regulatory process” and “would rob the American people of many critical upgrades to public health and safety standards, especially those that ensure clean air and water, safe food and consumer products, safe workplaces, and a stable, prosperous economy.” The same coalition opposed the Small Business Regulatory Flexibility Improvements Act, because it “would increase unnecessary and lengthy regulatory delays, increase undue influence by regulated industries and encourage convoluted court challenges.”

Votes like this fly under the radar as media pursue more news stories that interest the “core demographic.” That’s unfortunate, because this kind of non-glamorous policy-making could affect millions of people. Few Iowans will learn that under the guise of “cutting red tape,” our state’s Republicans in Congress would jeopardize rules that are meant to protect the public interest. Loebsack deserves credit for standing up against these bad bills. Major corporations and industries already have too much influence over government rules.  

Continuing the Republican push to make fossil fuels projects a priority for this Congress, yesterday the U.S. House approved the “Natural Gas Pipeline Permitting Reform Act” by by 253 votes to 169 (roll call). Cristina Marcos reported for The Hill,

Under the measure, the Federal Energy Regulatory Commission (FERC) would be ordered to approve or deny a [natural gas] pipeline application within 12 months.  Agencies responsible for issuing licenses or permits must act within 90 days after FERC issues a final environmental review, though the deadline could be extended by 30 days if the agency demonstrates it can’t finish in time.

But if the agency doesn’t make a decision by then, a pipeline would automatically be approved.

Republicans said the legislation would put pressure on agencies to avoid unnecessary delays for natural gas pipelines. […]

The White House issued a veto threat against the measure, saying it would “create conflicts” with current requirements and force agencies to make rushed decisions or deny applications entirely because they don’t have enough information by the established deadlines.

All the Republicans present supported this bill, including Iowans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04). They were joined by fourteen House Democrats, but Dave Loebsack (IA-02) stuck with the majority of his caucus in opposing this bill. Loebsack also voted against a similar bill that the House approved in 2013. I haven’t seen any public comment on yesterday’s vote, but I will update this post as needed.

House Republicans tried yesterday to pass a package of eleven bills that would roll back one or more parts of the 2010 Dodd-Frank financial reform law. Cristina Marcos reported for The Hill,

The measure – one of the first to be considered in the new Congress – was brought up under a fast-track procedure typically considered for noncontroversial legislation that requires a two-thirds majority to pass. But Democratic opposition led to its defeat, by a vote of 276-146.

After the jump I’ve posted the floor speech by Representative Keith Ellison of Minnesota, who laid out the Democratic case against passing this bill. He pointed out its substantive flaws and argued against a process that allowed such a complex bill to be brought to the floor in 24 hours, outside “regular order.”

The roll call shows that not only did all three Iowa Republicans vote for this bill, Dave Loebsack (IA-02) was among the 35 Democrats who supported it too. On social media I’ve seen some confused or angry Iowa Democrats ask why Loebsack would vote for such a bad bill. Although he may agree with its content, I would guess that he mostly wanted to protect himself against future campaign attacks. (Political considerations have pushed Loebsack to vote for many bad Republican bills.) Even if he agrees with rolling back Dodd-Frank reforms, though, Loebsack should not have gone along with rushing it through on the second day of the new Congressional session. Legislation this complicated and far-reaching should be debated and marked up in committee first.

Democrats who aren’t happy with Loebsack’s vote should be sure to let him know. Unfortunately, I anticipate many votes like this one to follow.

Senator Tom Harkin cast his final votes in Congress yesterday as the upper chamber wrapped up the lame-duck session. He and Senator Chuck Grassley were on opposite sides as Democrats confirmed a batch of presidential nominees on Monday and Tuesday. You can view all the roll calls here; the nominees were approved mostly along party lines. They included several judges and assistant secretaries of various agencies and Dr. Vivek Murthy, confirmed as surgeon general by 51 votes to 43, with only one Republican yes vote. Murthy had been the target of a relentless “smear campaign” by conservative media and the National Rifle Association, because of his comment in October 2012 that “Guns are a health care issue.”

The conservative media attacks against Murthy began in early March. Coverage of his nomination focused on his past acknowledgement that gun violence affects public health, which conservative media spun as evidence Murthy is obsessed with gun regulations. (Murthy has actually said his focus as Surgeon General will not be on gun violence, but rather obesity.)

Because of strange Senate procedural rules, hardline conservative Republican Senator Ted Cruz inadvertently made this week’s raft of confirmations possible. His constitutional point of order against the massive federal government funding bill last Friday prompted Senate Majority Leader Harry Reid to convene the chamber on Saturday. That gave Democrats more time to set up confirmation votes on nominees this Monday and Tuesday. Rebecca Kaplan of CBS News explained here that the most controversial presidential nominees to be confirmed “thanks to Ted Cruz” are Murthy, Tony Blinken for Deputy Secretary of State, and Sarah Saldaña, for Immigration and Customs Enforcement Director in the Department of Homeland Security. Harkin voted for and Grassley against all of those nominees.

Iowa’s senators ended up on the same side in one big vote this week: the bill extending dozens of tax breaks for corporations and individuals. Steven Dennis noted in Roll Call,

Handing out mostly corporate tax breaks and adding to the debt to do it has proven to be a popular thing for Congress. Democrats including President Barack Obama spent the better part of 2013 trying to get Republicans to agree to more revenue as part of a budget deal, but are now signing on to deficit expansion for the sake of tax breaks that will expire, again, in two weeks.

Usually, these tax breaks – which range from the R&D tax break to breaks for NASCAR, racehorse owners and wind farms – are touted as incentives – and indeed some senators called them that Tuesday. But it’s hard to retroactively incentivize anything – a point made on the Senate floor by outgoing Finance Chairman Ron Wyden, D-Ore., who voted no and said the tax bill didn’t even have the shelf life of a carton of eggs. […] After President Barack Obama threatened to veto an emerging deal after the midterms that would have added close to half a trillion to the debt over a decade, the scaled-back bill was all Congress could muster.

The tax extenders bill passed by 76 votes to 16. Joining Iowa’s senators in the yes column were possible GOP presidential candidates Cruz, Rand Paul, and Marco Rubio. Opponents of this bill included Republican Rob Portman and Democrat Elizabeth Warren. Independent Bernie Sanders, who is exploring a presidential campaign as a Democrat, missed yesterday’s votes because he was in Iowa.

Any relevant comments are welcome in this thread. Grassley’s official statement on the tax extenders bill is after the jump.

Senator Tom Harkin cast his last votes in Congress over the weekend. After the jump I’ve posted the video and full transcript of Harkin’s final speech on the U.S. Senate floor, delivered on December 12. He and Iowa’s senior Senator Chuck Grassley were at odds in many roll-call votes these past two days. However, they both voted against the $1.1 trillion government funding bill senators passed late Saturday night. The 56 to 40 roll call reveals an unusual bipartisan split. Yes votes came from 32 Democrats and 24 Republicans, while 21 Democrats and 19 Republicans voted no. Liberals like Harkin found plenty to dislike in the so-called “cromnibus” spending bill. Notably, it included a big change to the Dodd-Frank financial reform law, which was literally written by one of the large banks that will benefit. The spending bill also includes a “big coal giveaway”, big cuts to the Environmental Protection Agency budget, and several other bad environmental provisions. What Democrats supposedly got out of the “cromnibus” wasn’t worth it in my opinion.

Just before the final vote on the spending bill, Senator Ted Cruz of Texas raised a constitutional point of order:

“If you believe President Obama’s executive order was unconstitutional vote yes,” Cruz said ahead of the vote on Saturday. “If you think the president’s executive order is constitutional vote no.”

Only 22 senators voted with Cruz and 74 voted against his point of order.

The roll call shows that Grassley was one of the Republicans who voted for the point of order. The group included several senators who may run for president (Rand Paul, Marco Rubio, Rob Portman) and a bunch of Republicans who are up for re-election in 2016 and presumably want to avoid a GOP primary challenge.

Many of the Republicans who opposed Cruz’s motion (including the Senate GOP leadership team) probably were motivated by the desire to avoid a government shutdown. Nevertheless, they are now on record voting no when Cruz said such a vote signified a belief that “the president’s executive order is constitutional.”

Also on Saturday, senators approved on party lines a series of motions to advance judicial nominees. Here Harkin and Grassley were on opposite sides. In fact, disagreements over whether to vote on these nominations delayed a final vote on the spending bill. Harkin and other Democrats backed all the nominations. Grassley will chair the Senate Judiciary Committee when the new Congress convenes and has promised more vigorous oversight of nominations. He objected to moving the judicial nominations during the lame-duck session, even though many of the nominees were non-controversial and had been approved by a Judiciary Committee voice vote. In fact, Republican senators from Illinois and Texas had recommended some of these nominees for federal judgeships.

Last night the U.S. House approved a $1.1 trillion “cromnibus,” a massive continuing resolution to fund most of the federal government through September 2015. The 219 to 206 roll call showed an unusual bipartisan split, with 162 Republicans and 57 Democrats supporting the bill, while 67 Republicans and 139 Democrats voted against it. Many of the most outspoken House progressives and conservatives were against the cromnibus, for different reasons. Only one of Iowa’s four U.S. House members voted yes: retiring Republican Tom Latham (IA-03). I have not seen any official statement explaining his reasons.

Republican Steve King (IA-04) opposed the bill primarily because in his view, it did not do enough to block funding for President Barack Obama’s executive action on immigration. I’ve posted some of King’s recent statements on the issue after the jump. King’s office has not responded to my request for comment on assertions by House Appropriations Committee staff that it would be “impossible” to defend the immigration order. King offered an amendment (full text here) which would have funded “all of the government until January 30 of next year but [would] prohibit any and all funds from being used to carry out the president’s lawless, unconstitutional executive amnesty in all its forms.” But an analysis by Scott Wong for The Hill suggests that the Obama administration would be able to carry out the executive order even if Congress shut down the federal government.

Iowa Democrats Bruce Braley (IA-01) and Dave Loebsack (IA-02) both voted against the funding bill. I have not seen any official statement explaining those votes but will update this post as needed.

Catching up on news from last week, the U.S. Environmental Protection Agency has released new standards for ground-level ozone that will reduce the incidence and severity of various respiratory diseases. Click here for details on the standards.

Ground level or “bad” ozone is not emitted directly into the air, but is created by chemical reactions between oxides of nitrogen (NOx) and volatile organic compounds (VOC) in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOx and VOC. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly, and people of all ages who have lung diseases such as asthma. Ground level ozone can also have harmful effects on sensitive vegetation and ecosystems.

Current regulations allow ozone at 75 parts per billion. The new rules would lower that to a level between 65 and 70 parts per billion. Mark Drajem reported for Bloomberg News, “The EPA’s independent science advisers this year recommended the administration set the standard at 60 to 70 parts per billion, and urged the agency to consider the lower end of that range.”

After the jump I’ve posted the EPA’s press release and excerpts from a commentary by EPA Administrator Gina McCarthy, along with some reaction by critics of the proposal. Predictably, some business groups say the new standards will be devastating for the economy. McCarthy pointed out that same dire warnings have accompanied every new environmental regulation for decades.

The Iowa Association for Business and Industry is concerned that the EPA proposal may be expensive for manufacturers. Data collected between 2011 and 2013 at various monitoring sites around Iowa indicate that ground-level ozone is already below 70 parts per billion at all tested locations. Some of the Iowa sites recorded levels below 65 parts per billion; others are slightly above that level. The EPA does not anticipate that any counties in Iowa will violate the new ozone standard by 2025. Counties with the worst smog problems, including many in California, will be given more time to comply with the new ozone standards.

Before adjourning for the Thanksgiving recess, the U.S. House approved three bills last week designed to limit the Environmental Protection Agency’s ability to function. Iowa Republicans Tom Latham (IA-03) and Steve King (IA-04) voted for all three bills, while Democrats Bruce Braley (IA-01) and Dave Loebsack (IA-02) voted against them all. On November 18, representatives passed the “EPA Science Advisory Board Reform Act” by 229 votes to 191 (roll call). Cristina Marcos reported for The Hill, “Among other provisions, the measure would require the Scientific Advisory Board, which consults the EPA on its regulations, to have at least ten percent of members from state, local or tribal governments. […] Democrats said the measure would hinder the board’s effectiveness and compromise its members’ scientific expertise.” Scientists are alarmed about the prospect of more industry experts on an EPA board.

On November 19, House Republicans and a handful of Democrats approved the “Secret Science Reform Act of 2014” by 237 votes to 190 (roll call). This bill would block the EPA from adopting new regulations based on scientific research unless all raw data were publicly available. Its backers claim they are only trying to improve transparency at the federal agency. But peer-reviewed studies, particularly in the field of public health, often rely on confidential patient information that cannot be made public.

Andrew Rosenberg, who heads the Center for Science and Democracy at the Union of Concerned Scientists, discussed both of these “attacks on independent science” by House Republicans. I’ve enclosed excerpts from his commentary after the jump.

Finally, on November 20 every House Republican and sixteen Democrats approved the “Promoting New Manufacturing Act” by 238 votes to 172 (roll call). Cristina Marcos reported that this bill would ” enhance the Environmental Protection Agency’s reporting requirements for the number of pre-construction permits it issues under the Clean Air Act.”

In addition, the bill would direct the EPA to report to Congress each year on how it can expedite the permitting process. House Majority Whip Steve Scalise (R-La.), the measure’s sponsor, argued it would promote manufacturing and increase transparency. […]

But Rep. Henry Waxman (Calif.), the top Democrat on the House Energy and Commerce Committee, said the measure would weaken environmental protections by allowing permit applicants to avoid updated EPA air quality standards if the facilities are new or expanding, calling it “pollution amnesty.”

“This bill does not do anything to improve the permitting process for new and expanding facilities, but it does weaken air quality protection,” Waxman said.

Marcos’ reporting indicates that the White House has issued veto threats against all three of these bills. Once Republicans take control of the U.S. Senate in the new year, Obama may get several opportunities to reject bad bills affecting the EPA.  

On Friday the U.S. House of Representatives filed a federal lawsuit challenging several aspects of how the Obama administration has implemented the 2010 Affordable Care Act. You can read the plaintiffs’ full case here (pdf) against two cabinet secretaries and the agencies they lead. The main arguments are that the Obama administration broke the law by delaying the employer mandate to provide health insurance, and also by providing certain payments to health insurance companies without having Congress appropriate those funds. The first point was expected, but the second argument surprised even those who have closely followed the political battle over Obamacare. Sarah Kliff explained the challenged payments and how they fit into the law. Ashley Parker reported for the New York Times, “If the lawsuit is successful, poor people would not lose their health care, because the insurance companies would still be required to provide coverage – but without the help of the government subsidy, the companies might be forced to raise costs elsewhere.”

In contrast, the legal challenge to delaying the employer mandate is more “symbolic,” as that provision of the Affordable Care Act will have gone into effect by the time this lawsuit works its way through federal courts.

House Republicans voted to authorize this lawsuit shortly before going on a long summer recess. Iowa’s four representatives split on party lines, with Republicans Tom Latham (IA-03) and Steve King (IA-04) supporting the measure and Bruce Braley (IA-01) and Dave Loebsack (IA-02) opposed, along with every other House Democrat present. At the time, the lawsuit was perceived as House Speaker John Boehner’s way of deflecting conservative sentiment toward drafting articles of impeachment. At times this fall, Congress-watchers wondered whether the lawsuit would go forward, as two major law firms worked on the case for a while before declining to participate in litigation. A conservative legal scholar eventually took the case.

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

About a year ago, the U.S. Environmental Protection Agency announced plans to change the Renewable Fuel Standard, which regulates how much ethanol must be blended into gasoline. Iowa elected officials from both parties expressed unanimous outrage, with Governor Terry Branstad and Representative Bruce Braley seeking out especially prominent roles in the battle against reducing the Renewable Fuel Standard. The very first week of the Iowa legislature’s 2014 session, state lawmakers unanimously approved a non-binding resolution urging the EPA to abandon its proposed rule.

The EPA proposal was supposed to become final in the spring of 2014, but political pressure forced a series of delays. Finally, this past Friday the agency announced “that it will not be finalizing 2014 applicable percentage standards under the Renewable Fuel Standard (RFS) program before the end of 2014.” After the jump I’ve posted reaction from Senators Tom Harkin and Chuck Grassley, Governor Branstad, and Representative Dave Loebsack (D, IA-02).

The immediate impact will be more uncertainty for Iowans whose livelihood depends either directly or indirectly on the ethanol industry. But I would guess that every delay makes it less likely that the EPA will move forward with its original proposal, which could be construed as a victory for Iowa biofuels.

The reality is more complicated than such unusual political consensus implies. At an “all-day pepfest for ethanol” organized by the governor in January, Francis Thicke was the only person to offer the “other side” of the story. Thicke has a doctorate in agronomy and soil science from Iowa State University. His testimony asserted that it is “disingenuous to frame the debate on the Renewable Fuels Standards (RFS) as a struggle between farmers and Big Oil” and that “EPA’s proposed changes to the RFS are not that radical.” Thicke also pointed out, “Corn ethanol was always meant to be a stepping stone to advanced biofuels.” In this guest post, Bleeding Heartland user black desert nomad likewise questioned whether corn ethanol was really “under attack” and argued that “Vested interests want to double-down on endless growth in corn ethanol, but they have lost sight of the long game amidst a tangled web of conflict-of-interest.”  

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

The enrollment period for 2015 health insurance coverage began today and runs through February 15. Approximately “23,000 people nationwide successfully submitted applications to enroll or re-enroll in health insurance plans” today at Healthcare.gov. The Obama administration has set a target of 9.1 million enrollees for 2015. As of this past April, approximately 29,000 Iowans had selected a health insurance plan through the federal marketplace. But roughly double that number are eligible to enroll in a marketplace plan.

Democrats in the Iowa Senate advocated for creating a state portal where Iowans could buy health insurance under the 2010 Affordable Care Act. However, Governor Terry Branstad and Iowa House Republicans refused to go along, perhaps hoping that the health care reform law would be overturned in court or soon after the 2012 presidential election. So, Iowa formed a “partnership” exchange, whereby the state regulates insurance plans, but citizens purchase those plans on the website created and maintained by the federal government. That political decision may prove costly for tens of thousands of Iowans and millions of people in more than 30 other states.

On November 7, the U.S. Supreme Court agreed to hear an appeal that could end tax credit subsidies for all Americans who purchase health insurance plans through the federal website. The SCOTUS blog has compiled links on the King v Burwell case here. Jonathan Cohn provides a concise explanation of how the lawsuit could “wreck Obamacare” if a Supreme Court majority finds in favor of plaintiffs, who argue that subsidies should be available only to people who purchase insurance on state exchanges.

Brianne Gorod argues here that the Supreme Court should “recognize what the statutory text makes clear, and the structure, purpose, and history of the statute all confirm: tax credits and subsidies should be available on all exchanges, state-run and federally facilitated.”

Michael Cannon argues the opposite side here: namely, that the Affordable Care Act “makes no provision for subsidies in federally established exchanges.”

Chief Justice John Roberts is a highly political, results-oriented judge rather than a consistent legal theorist. Will he seize this chance to destroy Obamacare, or will he allow the current system to survive, as he did in the Supreme Court ruling that left most of the Affordable Care Act intact?

The outcome of King v. Burwell should not affect roughly 105,000 Iowans who have received health insurance coverage under the Iowa Health and Wellness Plan, the compromise alternative to simple Medicaid expansion in this state. According to a report by the Iowa Policy Project, those people “previously were not eligible for Medicaid or who were enrolled only in the IowaCare program.” (IowaCare benefits were inferior to Medicaid in various ways.) Iowa hospitals have benefited from these policy changes, as they provided much less uncompensated care to uninsured Iowans during the first half of this year compared to the previous year.

UPDATE: Added after the jump excerpts from the Des Moines Register’s unsigned editorial published on November 17. The editors note the irony of conservatives who oppose the Affordable Care Act hoping that “activist judges” will help unravel it.

As a 34-year incumbent, U.S. Senator Chuck Grassley will have a choice among leading the Senate’s Finance, Judiciary or Budget committees when the new Congress convenes in January. In a statement to the Des Moines Register yesterday, he said he will pick the Judiciary Committee.

“Oversight is too often overlooked as Congress focuses on new legislation […] So, anybody who knows my efforts in this area will understand that the Judiciary Committee’s work will reflect that sentiment. My goal is to promote transparency and accountability and restore the committee’s role as a true check on the massive and powerful federal bureaucracy.” […]

“The Judiciary Committee should not be a rubber stamp for the president,” he said. “However, as I have as ranking member, I will work to confirm consensus nominees. Factors I consider important include intellectual ability, respect for the Constitution, fidelity to the law, personal integrity, appropriate judicial temperament, and professional competence.

“Judges are to decide cases and controversies – not establish public policy or make law,” he said.

Sounds like under Grassley’s leadership, the Judiciary Committee will approve few, if any, of President Barack Obama’s judicial nominees for a vote on the Senate floor. I would guess that only conservative-leaning judges will meet the new chairman’s standard for “consensus.” Other political observers have reached the same conclusion (see also here). In recent years, Grassley and his fellow Republicans blocked confirmation votes on numerous judicial nominees, including everyone the president picked for the D.C. Circuit Court of Appeals regardless of qualifications. The standoff prompted Senate Democrats to sharply curtail the use of the filibuster on presidential nominations. Grassley and other Republicans warned at that time that someday they tables would be turned.

Taking a contrarian view, the non-profit Alliance for Justice argues here that “no one should give up on judicial confirmations in a Republican-controlled Senate.” I’ve posted excerpts from that piece after the jump, but it’s worth clicking through to read in full.

I also enclose below Grassley’s official comment on U.S. Attorney Loretta Lynch, whom the president has tapped to be the next attorney general. Grassley has been a vocal critic of outgoing Attorney General Eric Holder. The Judiciary Committee holds confirmation hearings on attorney general nominees.

UPDATE: Added more comments from Grassley on his role and the role of the Senate Judiciary Committee.

It's official. EPA and USDA have both evaluated Dow Chemical's new  line of 2,4-D-resistant seeds, Enlist — and have approved both the seeds  and the accompanying pesticide formulation for market.

This is a turning point, not just for grain production but for food  production in the U.S. and internationally. The introduction of Enlist  corn and soybeans, and the widespread adoption of this new seed line,  will have pervasive impacts on farmer livelihoods, public health and  control of our food system.

This is a decision that our regulators should not have taken lightly.  And yet, it seems they did. Both USDA and EPA set up an intentionally  narrow scope for evaluating the potential harms posed by 2,4-D resistant  crops — one that ignored the biggest problems and held up irrelevant  factors as evidence of safety.

As small farmers brace for the impact of pesticide drift that will  hit with the introduction of Enlist crops, it is time for us to look  forward. It's time to demand a regulatory system that takes a rigorous  approach to pesticides and genetically engineered crops, one that values  small farmers as much as industrial agriculture — and public health as  much as corporate profit.

Whose idea was it to hold so many Iowa candidate debates on Saturday nights this year? At 7 pm this evening, Bruce Braley and Joni Ernst face off in the second of three scheduled debates. (C-SPAN will televise nationwide, and KWQC TV will televise in the Quad Cities area.) Immediately after that, KWQC will broadcast the second and final debate between Representative Dave Loebsack and Mariannette Miller-Meeks in the second Congressional district race. (That debate will be taped earlier in the day.)

I won’t be able to watch either showdown live because of a family wedding, but I will catch up later with some links and recap, as well as highlights from the new Selzer poll for the Des Moines Register and Bloomberg.

This is an open thread: all topics welcome. A bunch of links related to the IA-Sen race are after the jump. I still see the debate as equally risky for Braley and Ernst, for different reasons.

UPDATE: The new Des Moines Register/Bloomberg poll by Selzer & Co has Braley and Ernst nearly tied. Ernst is ahead by a statistically insignificant 47 percent to 46 percent. I do not believe Ernst lost a lot of ground during the last two weeks. I believe she was never as far ahead as the last Selzer poll indicated. Other polls in the field around the same time showed a much closer race. In particular, I do not believe that in two weeks, Braley went from a 25-point deficit among men to a 16-point deficit now.

SECOND UPDATE: The full debate video is on the KWQC website.

THIRD UPDATE: I wish every undecided voter in Iowa had seen this debate. Having finally watched the full video myself, I understand why shills for Ernst kept reaching for their security blankets on Saturday night. Talk about a disastrous performance. She repeatedly fell back on rote talking points that didn’t answer the question. On several occasions it was apparent that she did not understand the policy implications of her own words. I particularly loved how she insisted that the bipartisan Senate-passed immigration reform bill was “amnesty,” even though Braley had already explained why it was different from amnesty. She talked about securing the border, even though Braley had already explained that we would have 20,000 more border control agents if that immigration reform bill had become law. Toward the end of that exchange, though, I was pleasantly surprised to hear Ernst say she would not vote to repeal President Barack Obama’s DACA program (Deferred Action for Childhood Arrivals). A lot of conservatives were presumably surprised too, but not in a pleasant way.

At the end of this post I’ve linked to several pieces summarizing the debate highlights.

Former State Senator Staci Appel and David Young are holding their second debate, hosted by KCCI-TV and the Des Moines Register at Simpson College in Indianola. I’m live-blogging after the jump. KCCI will have the video up later on their website.