Merry Christmas to everyone in the Bleeding Heartland community who is celebrating the holiday, and peace on earth to all regardless of religious beliefs and customs. This is an open thread: all topics welcome.

In past years I have posted some links about the religious origins of Christmas celebrations as well as some traditional food for the holiday.

Children often look forward to the toys they will receive on Christmas. Unfortunately, not all of those toys are safe or appropriate. The Campaign for a Commercial-Free Childhood gives out “awards” annually for the worst toys of the year. This year’s nominees were atrocious. The U.S. Public Interest Research Group’s annual “Trouble in Toyland” report is an excellent resource for parents, and I recommend checking to see if any of your children’s gifts ended up on the danger list. I’ve posted the executive summary after the jump, along with excerpts from a good Des Moines Register article on keeping your kids safe during the holidays.

Speaking of safety, the long Christmas weekend tends to be a busy time for travel. If you are driving to see friends or family, one of the best presents you can give yourself, your loved ones, and everyone else on the road is not using your cell phone while driving. It doesn’t matter whether you are talking or texting, or whether you are holding the phone or using hands-free technology: “There is no safe way to use a cell phone while driving.” Legislative bans on texting while driving or using hand-held phones haven’t reduced crashes (including in Iowa), only partly because of noncompliance. Hands-free devices give drivers a “false sense of security,” and drivers aware of texting bans may attempt to hold their phones out of view, increasing the amount of time they take their eyes off the road.

UPDATE: I should have included a few links on good toys. Here’s a piece on toys that encourage creative, imaginative play, and here’s a classic on “The 5 Best Toys of All Time” (though I would replace “dirt” with a ball).

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.

Contrary to fantasies promoted by some social conservatives, improved sex ed programs appear to be making teenagers more likely to use birth control and far less likely to become pregnant. Tony Leys reported for the Sunday Des Moines Register,

Teen birth rates are plummeting in Iowa and across the country, and experts say it’s mainly because young people are being more careful about sex. Despite rosy memories about how wholesome kids were in the good old days, the fact is that American teens were three times more likely to become parents in the late 1950s and early 1960s than they are today. […]

Researchers and activists are trying to understand what’s behind the declining teen birth rates so they can keep the trend going.

“That’s the question of the day. Nobody can pinpoint exactly what’s causing this,” said Addie Rasmusson, a community health consultant with the Iowa Department of Public Health.

Rasmusson said part of the explanation is that educators have determined which types of lessons make the most difference. They have created carefully researched lesson plans for teachers to follow.

“Twenty years ago, maybe you could throw together whatever you thought sex ed should be,” she said.

Rasmusson added that lesson plans can be flexible. For example, she said, messages are tailored to reach teen boys and members of racial groups that have relatively high pregnancy rates. […]

A recent national report from the Guttmacher Institute, which studies reproductive health, said the teen birth rate decline is mainly because of increased and improved use of contraceptives. Teens are not becoming dramatically less sexually active, the report says. They’re also not having more abortions. But they are having fewer babies.

Leys’ report is worth reading in full, as he describes some innovative sex ed programs that teach teens “how to say no to unwanted sex, how to prevent pregnancies and how to avoid sexually transmitted diseases.” Toward the end, the article points to a big problem for birth control access in rural Iowa. I was not aware that Casey’s General Stores has a company-wide policy against selling condoms. They are the only retail outlet in many towns. Independently-owned pharmacies have been disappearing from Iowa communities, and Planned Parenthood of the Heartland has reduced the number of clinics it operates in small towns as well.  

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.

The Iowa Hospital Association was one of many health care organizations that advocated strongly for Medicaid expansion. A new analysis of care provided by Iowa hospitals shows why.

Scott McIntyre highlighted the key findings on the Iowa Hospital Association’s blog yesterday.

During the first six months of this year, the number of people hospitalized in Iowa without insurance fell by 45.7 percent compared with the same period last year, an IHA analysis has found.  The analysis is based on data collected from 101 Iowa hospitals from January through June.

According to the study, out of about 159,000 hospital discharges from January to June in 2014 and 2013, 4,445 patients were uninsured this year compared with 8,181 in 2013.

[…] Because of Medicaid expansion, in a six-month span, Iowa hospitals cared for fewer uninsured patients in all settings, including patients admitted for inpatient care as well as those seeking care at hospital emergency rooms and at outpatient clinics.  Similar results are being seen in other states that expanded Medicaid under the Affordable Care Act. […]

For the period January 1-June 30, overall inpatient admissions at Iowa hospitals declined 4.4 percent compared with the same period in 2013.  Within that decline, the number of uninsured hospitalized patients with no source of payment for their health care fell by 45.7 percent in 2014.

Additionally, fears that expanding coverage would make care so easily accessible that use of hospital emergency rooms would rise to unprecedented levels have not materialized, the IHA analysis found.  Total visits to emergency rooms increased less than 1 percent when comparing the six-month spans in 2013 and 2014, despite approximately 30,000 patients with new policies purchased through the Health Insurance Marketplace.

With more Iowans now insured, hospitals’ charity care losses fell 18.5 percent, yielding a total six-month improvement of $32.5 million.

During the state legislature’s 2013 session, Iowa House Republicans and Governor Terry Branstad refused to expand Medicaid, but agreed to create an “Iowa Health and Wellness Plan” as a compromise. The arrangement was more complicated and more expensive than simply expanding Medicaid as foreseen under the 2010 federal health care reform law. Nevertheless, the deal was well worth it and is benefiting tens of thousands of Iowans.  

Many Iowans think of our state as a great place to settle down, thanks to relatively low unemployment, crime rates, living costs, and other quality of life factors (such as short commute times). After considering 44 criteria, the StateMaster website ranked Iowa the sixth best state to live. The latest Kids Count report by the Annie E. Casey Foundation ranked Iowa third in terms of children’s well-being.

So Danielle C. Belton’s article for The Root last week should be a wake-up call. For the roughly 102,000 Iowans who are African-American, this state doesn’t stack up nearly as well against the competition. In fact, Belton considers Iowa the fourth-worst state for black people.

If you’re black and into marijuana, avoid Iowa. The state arrests blacks at a rate eight times higher than whites for marijuana possession, despite the rate of drug usage between blacks and whites being about the same. For years, Iowa also held the title for locking up black people at a higher rate than any other state (it recently lost that crown to Wisconsin). While other states have large prison populations, what makes Iowa stand out is that it’s a relatively small state with a small population. In fact, its black population is only about 3 percent. Adding insult to injury, the poverty rate among African Americans in Iowa is 31 percent, compared with 11 percent for white Iowans.

The massive racial disparity in Iowa’s arrest and imprisonment rates has been one of the country’s worst for a long time. Way back in 2005, Bruce Dixon of the Black Commentator highlighted Iowa as one of the “ten worst places to be black” for this very reason. If Governor Terry Branstad wants to spend the next four years cementing his legacy as a leader who cares about all Iowans, he should try to do something about this persistent problem. I don’t know how to change the culture in local law enforcement or county attorney offices, but there’s no excuse for such a large disparity in whether people will be arrested or charged for the same unlawful behavior. Surely the governor’s staff could research, and Branstad could propose, policies Iowa can adapt from other states that have addressed this problem.

Happy election day to the Bleeding Heartland community. The weather forecast looks good for most parts of Iowa. Polls are open everywhere from 7 am to 9 pm. It’s too late to mail absentee ballots, but you can still hand-deliver completed absentee ballots to your county auditor’s office, or “surrender” you ballot at your regular polling place, then vote with an ordinary ballot.

Three new polls of the U.S. Senate race came out on Monday. Quinnipiac found Bruce Braley and Joni Ernst tied at 47 percent. (That pollster’s previous Iowa survey had Ernst leading by 49 percent to 45 percent.) Fox News found Ernst ahead by 45 percent to 44 percent. Public Policy Polling found Ernst ahead by 48 percent to 45 percent.

All three polls confirmed my belief that the Des Moines Register’s Iowa poll by Selzer & Co was an outlier. No other survey has found Ernst above 50 percent or ahead by such a large margin. If she does win the IA-Sen race by 7 points, I will declare Ann Selzer a polling genius.

Incidentally, the new polls also found Governor Terry Branstad ahead of Democratic challenger Jack Hatch by a smaller margin than in the Register’s final Iowa poll. Quinnipiac found Branstad ahead by 52 percent to 41 percent. That was similar to Public Policy Polling’s finding of Branstad at 54 percent and Hatch at 43 percent. Fox News found a bigger lead for the governor: 53 percent to 36 percent.

PPP has been the only firm to consistently poll down-ballot statewide races in Iowa this year. Its final poll found Democrat Brad Anderson ahead in the secretary of state race, with 44 percent support to 38 percent to Paul Pate and 3 percent each for Jake Porter and Spencer Highland. (Porter, a Libertarian, received about 3 percent of the statewide vote in the 2010 secretary of state race.)

PPP found State Auditor Mary Mosiman leading her Democratic challenger by 46 percent to 41 percent. State Treasurer Mike Fitzgerald is ahead of his Republican challenger Sam Clovis by 48 percent to 38 percent, with Libertarian Keith Laube pulling 5 percent. Iowa Secretary of Agriculture Bill Northey has a comfortable 51 percent to 33 percent lead over Democrat Sherrie Taha, with a minor-party candidate pulling 5 percent. Finally, Attorney General Tom Miller leads Republican Adam Gregg by 55 percent to 36 percent.

While canvassing in Windsor Heights and Clive on Saturday, Sunday, and Monday, I didn’t see any Republicans knocking on doors, nor did I see Republican campaign literature on doorknobs or front porches. Another Democratic canvasser in a different part of the state had a similar experience. I would like to hear from Bleeding Heartland readers about what you’ve seen of the Republican “ground game” during the final days. As far as I can tell, the GOP has relied mainly on robocalls and perhaps live-caller phone-banking. Republicans paid for many robocalls in the final days.

Speaking of robocalls, many Democratic households in the third Congressional district (including mine) received a call Monday evening recorded by Senator Chuck Grassley, making the case for David Young.

Any comments related to today’s election are welcome in this thread.

P.S. – A testy exchange with a reporter about how President Barack Obama has handled the ebola outbreak underscored why Joni Ernst’s handlers didn’t want her sitting down with most Iowa newspaper editorial boards.

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.

Iowans are suffering from more infectious diseases and respiratory problems because of climate change, and that trend will worsen if steps are not taken to reduce greenhouse gas emissions, according to the fourth annual Iowa Climate Statement, released today in Des Moines. I’ve posted the full text of the statement after the jump. Click here for the full list of faculty and research staff who signed.

The scientists are affiliated with 38 Iowa colleges and universities and work in a wide range of fields. One of the lead authors, Dr. Yogesh Shah of Des Moines University, spoke about the relationship between climate change and infectious disease at yesterday’s annual meeting of the Iowa Environmental Council. Warmer temperatures produce greater numbers of ticks and mosquitoes, induce female mosquitoes to bite more frequently, and facilitate more rapid development of the disease-causing agents mosquitoes carry. As a result, some diseases never before seen in North America (such as chikungunya) or long since eradicated (malaria) are spreading rapidly.

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.

Catching up on news from last week, on October 2 U.S. District Court Judge Kimberly Mueller threw out a lawsuit brought by six states, including Iowa, seeking to block California’s law on egg production standards. Governor Terry Branstad joined that lawsuit in March, after Representative Steve King failed to use the federal Farm Bill as a vehicle for overturning the California law.

Bleeding Heartland covered the plaintiffs’ case against the egg production standards here. I predicted the lawsuit would fail because “1) the law does not ‘discriminate’; 2) the law does not force any conduct on egg producers outside the state of California; and 3) overturning this law would prompt a wave of lawsuits seeking to invalidate any state regulation designed to set higher standards for safety, public health, or consumer protection.”

In fact, the case never got to the point of the judge considering those legal arguments. If I were an attorney, I might have foreseen the reason Judge Mueller dismissed the lawsuit: lack of standing. You can download the 25-page ruling here (document number 102) and read pages 15 to 23 to understand her full reasoning. Daniel Enoch summarized it well for AgriPulse:

“Plaintiffs’ arguments focus on the potential harm each state’s egg farmers face,” Mueller wrote in her 25-page decision. “The alleged imminent injury, however, does not involve an injury the citizens of each state face but rather a potential injury each state’s egg farmers face when deciding whether or not to comply with AB 1437.” In other words, they failed to show that the law does real harm to citizens, instead of possible future harm to some egg producers.

“It is patently clear plaintiffs are bringing this action on behalf of a subset of each state’s egg farmers,” Mueller wrote, “not on behalf of each state’s population generally.”

Mueller dismissed the case “with prejudice,” meaning plaintiffs cannot amend their claim and re-file. Plaintiffs including Iowa Attorney General Tom Miller are considering their legal options. While they could appeal the dismissal, I doubt they would prevail in a U.S. Appeals Court.

The Des Moines Register’s write-up by Matthew Patane and Donelle Eller highlighted the alleged harm California’s law will do to Iowa agriculture when it goes into effect on January 1. I’ve posted excerpts after the jump. I was disappointed that the Register’s reporters led with the spin from “Iowa agricultural leaders” and buried in the middle of the piece a short passage explaining why the lawsuit failed (states can’t serve as a legal proxy for a small interest group). Patane and Eller did not mention that if courts accept the reasoning of egg law opponents, a possible outcome would be invalidating any state law or regulation designed to set higher standards for safety, public health, or consumer protection.

Comments provided to the Register by Governor Branstad, Iowa Secretary of Agriculture Bill Northey, and others reinforce Judge Mueller’s determination that the lawsuit was designed to protect a group of agricultural producers rather than citizens as a whole. A lot of Iowa Democrats bought into the poultry producers’ industry constitutional arguments as well.

UPDATE: Added below Branstad’s latest comments. He is either confused about the ruling or determined not to acknowledge the real legal issue.

SECOND UPDATE: Added comments from Representative Steve King and Sherrie Taha, the Democratic nominee for Iowa Secretary of Agriculture.

The Iowa Supreme Court has put a stay on a state rule prohibiting doctors from prescribing abortifacient drugs to patients through a videoconferencing system, according to an e-mail blast from Planned Parenthood of the Heartland this evening. Excerpt:

Today, the Iowa Supreme Court extended the stay on the Iowa Board of Medicine’s telemedicine abortion ban, ensuring that thousands of women in Iowa will continue to have access to safe, constitutionally protected abortion while we fight to permanently reverse the ban.

As our fight for Iowa women continues, we’re pleased that the court has upheld this right, and we’re proud to continue to provide the same exceptional care that we always have, no matter what.

We also are gratified that the American College of Obstetricians and Gynecologists (ACOG) filed an amicus brief supporting PPHeartland’s request for a stay. This important group of medical providers understands and agrees that a woman and her doctor – not politicians – should be making personal health care decisions.

Planned Parenthood recently appealed last month’s Polk County District Court ruling that allowed the rule adopted by the Iowa Board of Medicine to go into effect. Bleeding Heartland summarized the key points in the case here. Seven of Planned Parenthood’s nine Iowa clinics that offer abortion services have been using the telemedicine system. If the state rule had been implemented pending appeal, women would have had to drive to clinics in either Iowa City or Des Moines in order to access medical abortions in the presence of a doctor.

At this writing, the judicial order has not yet been posted on the Iowa Courts website. I will update with a link when available.  

The Iowa legislature’s Cannabidiol Implementation Study Committee met Thursday to discuss problems related to the implementation of the new law intended to allow Iowans to use cannabis oil to treat seizure disorders. Although the law went into effect on July 1, families who lobbied for measure are not yet able to purchase the oil derived from marijuana plants, because of various legal hurdles. Ten lawmakers (five from each chamber and five from each political party) serve on the study committee: State Senators Joe Bolkcom (D), Bill Dotzler (D), Steve Sodders (D), Charles Schneider (R), and Mike Brietbach (R), and State Representatives Walt Rogers (R), Clel Baudler (R), Linda Miller (R), John Forbes (D), and Bob Kressig (D).

Tony Leys reported for the Des Moines Register that the committee voted 9-1 to recommend that the state reschedule marijuana from “a Schedule I drug, meaning its use for any reason is illegal,” to “a Schedule II drug, which could be used for medical purposes.” Rogers was the dissenting vote. The committee voted 6-4 for “a motion to recommend allowing the closely regulated production and distribution of medical marijuana for approved patients. The motion did not specify what type of marijuana, but it did say the state should not tax the products.” Baudler, at one time Iowa’s most vocal opponent of medical marijuana, joined the five Democrats on the committee to approve that motion. However, Leys noted that Baudler “strenuously opposes expanding the law to let people possess marijuana to treat other conditions, such as cancer or Crohn’s disease. The committee rejected a motion to recommend such an expansion.”

The committee’s recommendations are not binding on the Iowa House and Senate, which will go back into session next January.

Not to take anything away from the suffering of Iowans with seizure disorders, but I don’t understand why lawmakers would want to approve medical cannabis for those conditions only and not for a range of other chronic or life-threatening diseases, which affect thousands of people here. Other states have created workable programs limiting access to those with genuine medical needs, and a majority of Iowans support legalizing the medical use of marijuana. Oncologists have been quietly recommending cannabis to cancer patients for at least four decades.

In a case being watched by medical marijuana advocates across the country, cancer patient Benton Mackenzie received three years of probation rather than a prison term for his conviction in July on drug charges. Mackenzie had grown marijuana plants on his parents’ property in order to extract cannabis oil, and his wife and son also faced drug charges. At the trial, District Court Judge Henry Latham did not allow Mackenzie’s attorney to tell the jury that the defendant was trying to treat his angiosarcoma. Yesterday, the same judge sentenced both Mackenzie and his wife Loretta Mackenzie to probation, in line with the prosecutor’s recommendation in the case. After the jump I’ve posted excerpts from Brian Wellner’s report for the Quad-City Times and Grant Rodgers’ report for the Des Moines Register. Libertarian candidate for governor Lee Hieb, a medical doctor, attended yesterday’s hearing and afterward called for a change in public policy to give people “the right to choose our own cancer care.” Mackenzie expressed hope that he will be the “last person” to be prosecuted under similar circumstances.

The Mackenzie family wants to move to Oregon, where a doctor has approved Benton Mackenzie for participation in that state’s medical marijuana program. Probation officers in Iowa would have to sign off on the move before the family could leave the state. Mackenzie also plans to appeal “in an effort to get the Iowa Supreme Court to reconsider its decision in a 2005 case that bars Iowans from using claims of medical necessity as a defense to growing marijuana.”

I still think it was a waste of taxpayer money to prosecute a critically ill person for growing marijuana intended for personal use. Iowa lawmakers should make cannabis more accessible to people who can demonstrate a medical need for it.

LATE UPDATE: Judge Latham sentenced Benton Mackenzie’s close friend Stephen Bloomer to five years in prison for helping the cancer patient buy materials for growing marijuana. Bloomer is free on bond pending consideration of his appeal. Scroll to the end of this post for more details on that case. What a travesty.

Yesterday Planned Parenthood of the Heartland asked the Iowa Supreme Court to put on hold a state rule banning the use of “telemedicine” for medical abortions. A Polk County District Court recently upheld that rule, on grounds Bleeding Heartland discussed here. Planned Parenthood argues that it is likely to succeed on the merits when the Iowa Supreme Court considers its appeal of the lower court ruling, that the state ban would “irreparably harm” Planned Parenthood and its patients, and that a temporary injunction on the rule while the appeal is pending “will not harm the interests of the other parties or the public.” A stay on the rule would allow women to continue to receive medical abortion access at seven Planned Parenthood clinics across Iowa where the teleconferencing system is available.

The Des Moines Register posted the full text of Planned Parenthood’s motion filed yesterday. After the jump I’ve posted key excerpts, which preview the substance of Planned Parenthood’s appeal.

I’m not an attorney, but my hunch is that the Iowa Supreme Court will overturn the lower court ruling–perhaps with two or three dissenters who would defer to the Board of Medicine, along the lines of the dissents in a recent case involving the Iowa Utilities Board.

To my mind, Planned Parenthood’s strongest argument is that the Iowa Board of Medicine approved a rule that “singles out abortion, banning telemedicine delivery of this service while encouraging other uses of telemedicine.” A Des Moines Register editorial published earlier this week underscored the hypocrisy of that position. I’ve enclosed excerpts from that piece at the end of this post. Governor Terry Branstad and others in his administration have celebrated the use of telemedicine in many ways that involve doctors or pharmacists dispensing medications without ever being in the same room as their patients.

Four-term Democratic incumbent Dave Loebsack and his three-time Republican challenger Mariannette Miller-Meeks are debating in Iowa City tonight, starting at 7 pm. Iowa Public TV is live-streaming the event here. I’ll post updates after the jump.

Any comments about the race in Iowa’s second Congressional district are welcome in this thread.

UPDATE: The archived video is now available at IPTV’s site. My comments are below.  

On the last day of this year’s legislative session, Iowa lawmakers took a baby step toward legalizing the medical use of marijuana in this state. I found it regrettable that the only compromise acceptable to Governor Terry Branstad and key Iowa House Republicans limited access to cannabis oil suitable for treating seizure disorders. Thousands of other Iowans suffer from debilitating chronic and/or life-threatening conditions, which could be alleviated with medical marijuana in other forms.

Turns out, the new law isn’t even helping the few hundred people who could theoretically benefit from cannabis oil. Although the law went into effect on July 1, parents who lobbied for it told the Des Moines Register’s Tony Leys this week that access to the medicine is “still light years away.”

[T]he law included no legal method for growing or selling the product. State administrators are still working out the details of how to issue ID cards allowing residents to possess marijuana extract bought in other states.

[Sally] Gaer and other parents believe their children’s seizures could be significantly dampened with a form of marijuana oil that has low levels of THC, the chemical that makes marijuana users high. But they remain unable to legally obtain the oil, which is said to have worked well in other states. […] Colorado law only allows sales of the medication to Colorado residents, they said. They’ve heard that once they have their Iowa-issued cards, they might be allowed to purchase the extract in Oregon. “What are we all going to do, get in a wagon train and go over the mountains?” Gaer said with a wry laugh.

The women said they were disappointed by how long it’s taking Iowa officials to implement the law, which technically took effect July 1. […]

The women said they have found Iowa-licensed neurologists willing to sign a form recommending the marijuana extract for their children, as the Iowa law requires. However, the form has not been created yet by state officials. If the families can find an out-of-state supplier willing to sell the oil to them, they would face a cost of several hundred to more than a thousand dollars per month – plus the cost of travel. They also could risk arrest for carrying the oil through states that don’t allow it.

Why are we putting families through this ordeal when more than a dozen states have already led the way toward making medical marijuana available to people who need it? After the jump I’ve posted a video of Dr. Steven Jenison talking about New Mexico’s medical cannabis program, which he helped to implement in 2007.

State Senator Joe Bolkcom has promised he will work to expand the new law during the 2015 legislative session. Here’s hoping the Iowa House and Senate will listen.

Agriculture is and always has been a major part of Iowa’s economy, but given our abundance of world-class farmland, we could do much more to make local food available to Iowans. When the non-profit food advocacy group Strolling of the Heifers introduced its “Locavore Index” two years ago, Iowa ranked second only to Vermont in terms of local food availability. At that time, the index measured per-capita presence of Community-Supported Agricultural enterprises and farmers markets.

Last year, Strolling of the Heifers added a third component to the index: the per capita presence of “food hubs,” those “facilities that handle the aggregation, distribution and marketing of foods from a group of farms and food producers in a region.” Iowa dropped to fifth place on the Locavore Index.

For 2014, Strolling of the Heifers added a fourth component: the percentage of school districts with Farm-to-School programs, according to U.S. Department of Agriculture data. Sadly, only 31 percent of Iowa school districts have a Farm-to-School program, putting us below many states with insignificant agricultural output compared to Iowa. We should be doing better seven years after the state legislature first funded Farm-to-School efforts. While our state is still strong in farmers markets per capita, our national rank on the Locavore Index dropped to tenth.

August and September are arguably the best months to shop at Iowa farmers markets. With peak late-summer produce being harvested around the start of the academic year, it’s a shame more Iowa students don’t have access to fresh, local food. We should have more flash-freezing facilities to make it easier for larger facilities to buy local as well–not just public school districts but also nursing homes, hospitals, colleges and universities. Iowa State University Extension and Outreach “provides technical assistance to school food service staff” in six northeast Iowa counties. Here’s hoping that project will expand statewide.

After the jump I’ve posted the Strolling of the Heifers chart showing all state-level data on local food availability. I added the group’s “10 reasons to consume local foods,” covering economic, health, environmental, and taste benefits. Iowa’s Healthiest State Initiative doesn’t include a strong local food component, although it promotes healthier eating at schools. The Iowa Department of Agriculture and Land Stewardship administers a few Farm-to-School programs and has provided grants for a few dozen schools to start vegetable gardens each year.

A Polk County District Court today upheld a rule adopted by the Iowa Board of Medicine last year, which would prohibit Planned Parenthood of the Heartland from providing medical abortions using “telemedicine” (where a doctor meets with the patient via videoconferencing). You can read the full text of Judge Jeffrey Farrell’s ruling here. After the jump I’ve summarized Judge Farrell’s key findings, including background on the case and excerpts from his decision. I’ve also enclosed reaction from both sides in the telemedicine abortion debate, as well as from Governor Terry Branstad and Democratic challenger Jack Hatch.

Judge Farrell’s ruling goes into effect in 30 days, but Planned Parenthood has already said it will appeal, so the Iowa Supreme Court may put another stay on the rule pending its hearing of the case.

I’m surprised by this ruling. In a November 2013 decision granting Planned Parenthood’s request for a stay of the rule, Polk County District Court Judge Karen Romano sounded skeptical that rule would be upheld when courts considered the merits. She noted the lack of evidence of any adverse outcomes in more than 5,000 abortions using Planned Parenthood’s telemedicine system, the “peculiar” fact that the Board of Medicine required an in-person meeting between a patient and doctor for abortion services, but not for other telemedicine practices, and the likelihood that denying rural women access to medical abortion would increase demand for “surgical abortion, which is much more invasive and risky.” UPDATE: In the comments, Bleeding Heartland reader ahawby notes several factors that could have influenced Judge Farrell’s perspective on this case.

Today’s decision is a victory for opponents of abortion rights, because Iowa women in small towns and rural areas will face more hurdles to obtain abortions early in pregnancy. It’s also a personal triumph for Branstad’s legal counsel, Brenna Findley. As Judge Farrell’s ruling acknowledges, Findley was a vocal advocate of the rulemaking, urging the Board of Medicine to act quickly on the petition from pro-life activists, against the advice of the board’s own legal counsel as well as the Iowa Attorney General’s office.

The actor Robin Williams died today at his home. He was only 63. I am old enough to remember watching him on the “Mork and Mindy” tv show. He landed the role of an alien by sitting on his head at the audition, and ad-libbed frequently during filming. Though the show will never make any list of all-time great sitcoms, it hinted at Williams’ immense talent.

I haven’t seen the most recent Robin Williams movies. He won most of his numerous awards during the 1980s and 1990s, including the Best Supporting Actor Oscar for “Good Will Hunting.” To my mind, his strongest performances were in “Moscow on the Hudson,” “Good Morning, Vietnam,” and “The Fisher King.” His range was incredible. Not long ago I saw a rerun of “Law and Order SVU” featuring Williams, and he was way more terrifying than the average guest star villain.

Though the medical examiner has not made any official determination, many media are reporting that Williams likely died from suicide, which compounds the tragedy. Like many comedians, he struggled with depression over the years, and periodically with drug and alcohol use. Suicide kills roughly 30,000 Americans every year. Here’s some basic information about the epidemic. Here are some warning signs that a suicide attempt may be imminent, as well as factors that put someone at greater risk of killing himself.

Feel free to share your own favorite Robin Williams moments in this thread.

Jim Brady never planned to be a gun control advocate. That task fell to him when a mentally ill person tried to assassinate President Ronald Reagan in 1981. John Hinckley’s attack left Brady permanently disabled and unable to continue his career as a press secretary. However, he and his wife Sarah Brady remained in public life as the country’s most visible and dedicated advocates of gun control. More than twenty years after President Bill Clinton signed it into law, the Brady Handgun Control Act remains the most significant federal legislation designed to keep guns away from criminals, abusers, and some mentally ill people.

Like the 55 mph speed limit, which saved lives without allowing us to point to specific people who benefited, the Brady bill has surely prevented some gun deaths. We’ll never know who is walking around alive today because an unstable person was blocked from buying a gun. How well the Brady Bill works is a matter of debate. The Brady Campaign to Prevent Gun Violence reported earlier this year that the law had “blocked more than 2.1 million gun purchases” to felons, domestic abusers, or fugitives. I’ve posted excerpts from that report after the jump.

Other researchers have suggested that the Brady law had limited impact on gun violence overall. While the waiting period introduced in 1994 likely reduced gun suicides, gun homicides were less affected because the “unregulated secondary gun market” has remained “a gaping loophole” in the system of background checks. The National Rifle Association and other pro-gun advocates have repeatedly stymied Congressional efforts to close that loophole.

Brady died yesterday at age 73. I appreciate how hard he worked, in a role no one would choose, to keep others from being killed or wounded by people who never should have been able to buy a gun.  

The Iowa Racing and Gaming Commission sent a strong message last week to backers of a casino project in Cedar Rapids: don’t bother trying to get a license for at least the next three years.

Rational actors would have started working on Plan B for prime downtown real estate as soon as commissioners voted down the application for a Cedar Rapids casino in April. But Mayor Ron Corbett and some other movers and shakers are determined to chase the gambling dream, through legislative or judicial means. Instead of taking the hint from the Racing and Gaming commissioners, Corbett is ratcheting up his strategy for gaining legislative approval for a new casino. He’s smart and experienced enough to know that state lawmakers need a better excuse for acting than “we don’t like what the commission did.” So, he’s now dressing the casino project up as a public health initiative. Lawmakers shouldn’t fall for or hide behind this ruse.

A year after Iowa law changed to require the governor to approve all Medicaid reimbursements for abortions, the new policy does not appear to have limited low-income women’s access to abortions in cases of rape, incest, threat to the mother’s life or severe fetal abnormality.

On the other hand, the policy has in effect ended Medicaid coverage of abortion in Iowa, which was already among the most restrictive states in this area.  

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

Among the new Iowa laws that took effect at the beginning of the current fiscal year on July 1, the act legalizing the use of cannabis oil for certain seizure disorders drew the most media attention. Senate File 2360 (full text) passed the Iowa House and Senate during the final hours of the 2014 legislative session. This week the Iowa Department of Public Health released draft rules on how Iowans can gain legal access to this drug derivative for medical purposes. This page on the Iowa DPH website contains details on how to obtain a “Cannabidiol Registration Card.” Eligible Iowans will be able to pick up cards through their county’s Iowa Department of Transportation office, because DOT offices are more accessible for many people.

During negotiations with Iowa House Republican leaders and staff from Governor Terry Branstad’s office, the scope of Senate File 2360 was narrowed to cover only the use of cannabis oil (not marijuana in any smokeable form), and only for seizure disorders, meaning that roughly a few hundred Iowa families will benefit from the new law. But a criminal trial verdict that made headlines this week may spur future efforts to help the thousands of Iowans who seek to use marijuana to treat chronic or terminal health conditions. A Scott County jury convicted Benton Mackenzie, along with his wife and son, of drug charges for growing marijuana plants. Mackenzie’s elderly parents are due to stand trial soon for allowing the plants to be grown on their property. The presiding judge didn’t allow Mackenzie’s attorneys to tell jurors he was growing the drugs to treat a rare cancer, because medical marijuana is not legal in Iowa.

Quad-City Times reporter Brian Wellner covered the Mackenzie case and discussed it on Iowa Public Radio this week. After the jump I’ve posted excerpts from a few news reports on the verdict. I agree completely with State Senator Joe Bolkcom, the leading advocate for medical marijuana in Iowa, who called the decision to prosecute Mackenzie and his family members a “waste of taxpayer money.”  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. The big political news was the Republican Party of Iowa’s State Central Committee passing a no-confidence motion in top leaders and electing former Iowa House Speaker Jeff Kaufmann as new party chair, with Cody Hoefert as co-chair. Radio Iowa has the audio of Kaufmann’s speech to the committee, a spirited and a bit defensive case for changing leaders at this time. Too bad the party now has a team at the top whom major donors will support. The Iowa Republican live-blogged the State Central Committee meeting. Shane Vander Hart has video of remarks by several committee members. UPDATE: Added more commentary on the Republican Party leadership change below. Apparently Chad Olsen is returning as Iowa GOP executive director, which is good news for Republicans, since he knows a lot more about GOTV than the outgoing staff.

With the July 4 long weekend coming up, many people will be planning celebrations outdoors. Unfortunately, heavy rain has caused flooding affecting many Iowa parks, roads and trails in low-lying areas. With any luck we’ll get a few dry days before next weekend.

Excess nutrients (primarily runoff from conventional agriculture) can cause algal blooms in waterways. Ponds and lakes affected by the overgrowth of algae are unfortunately not safe even for pets, let alone humans.

Most fireworks remain illegal to buy or sell in Iowa, despite efforts by some statehouse Republicans to pass a bill this year, which would have legalized them for the first time since the 1930s. There wasn’t broad-based support for the bill. Playing with sparklers, which are legal, as well as fireworks purchased from neighboring states, contributes to a surge in eye injuries around July 4.

For those planning to march in parades on behalf of local candidates or political groups, enjoy your outreach and try to keep your message positive.

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.”  

Yesterday the U.S. Environmental Protection Agency rolled out a proposed rule to reduce carbon emissions from power plants. The full text of the rule and several short fact sheets are available on the EPA’s website. Click here to read EPA Administrator Gina McCarthy’s speech about the new policy. This fact sheet makes the short and sweet case for targeting power plants, “the largest source of carbon pollution in the U.S.” The new policy goal is to “cut carbon pollution from the power sector by 30 percent from 2005 levels” by the year 2030. Other associated benefits: cutting levels of soot and smog in the air by over 25 percent in 2030, and saving money and lives through reducing air pollution. In fact, the EPA estimates $7 in health benefits for every dollar spent to implement the new policy.

While some in the environmental community were hoping for more aggressive carbon reduction targets, the new rule would be a big step in the right direction. For too long, elected officials in Iowa and nationally have ignored evidence that we need to address climate change. Furthermore, coal’s “assault on human health” is immense and under-appreciated.

Iowa political reaction to yesterday’s news was mostly disappointing but not surprising. I’ve enclosed noteworthy comments at the end of this post. But first, let’s examine three reasons Iowans should embrace the EPA’s new rule.  

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

I’ve posted Memorial Day-related links in past years at this site, but I learned only last year that Memorial Day became an official federal holiday only recently, in 1971. That’s surprising, given that the tradition of remembering American war dead on a special day in May goes back to the 1860s. The Iowa National Guard’s website includes brief histories of Iowa soldiers’ involvement in U.S. wars since the mid-19th century and a stunning photo of thousands of men standing in the shape of the Statue of Liberty.

The horrendous shooting rampage in Santa Barbara on Friday night has prompted a wave of new commentaries about mental health, violence against women, and gun violence generally. It’s so upsetting to know that the authorities couldn’t do a thing to disarm the perpetrator, even though his family had been trying to get him help and warned police weeks ago that he was posting YouTube videos about his murderous and misogynistic fantasies.

For many people, Memorial Day marks the unofficial beginning of summer, so I’m re-posting a link to a piece that’s worth re-reading every year: Drowning Doesn’t Look Like Drowning.  

Governor Terry Branstad plans to sign a bill that would allow possession of cannabis oil for the treatment of some seizure disorders, he announced while taping Iowa Public Television‘s “Iowa Press” program today. He noted the bill will help some children with epilepsy, and he’s satisfied its “limited” scope will not increase abuse of marijuana in smokeable form.  

The governor also said he will sign a bill banning the sale of e-cigarettes to children, adding that his wife is a “militant” anti-smoker. Trouble is, that bill was backed by tobacco industry lobbyists. Many public health groups lobbied against the bill.

Branstad has not decided whether to sign the dog racing bill, which would end greyhound racing at one casino in Council Bluffs and get a non-profit casino in Dubuque off the hook for subsidizing the races. His concern isn’t the massive giveaway to dog breeders and kennel owners, which makes no sense to me. Rather, he is worried that lobbyists for horse racing interests didn’t get their cut from the bailout. O.Kay Henderson reports for Radio Iowa,

“I understand the benefits that the people in Council Bluffs and Dubuque see from this, and the greyhound industry,” Branstad says. “My concern is the horse industry was left out of this.” […]

However, the governor’s concern is over provisions in the bill that would give the greyhound industry authority to strike deals to simulcast dog and horse races at any of the state’s casinos and get all of the profit from it. Today simulcasting deals are only allowed at the casinos in Altoona, Council Bluffs and Dubuque and Iowa’s horse industry gets the financial take.

“There is some concern that I’m hearing from my friends in the horse industry. I’ve always been close with them,” Branstad says. “We have a very big and significant horse industry in the state of Iowa.”

Branstad has ’til June 2 to decide whether to sign or veto the bill.

“I’m trying to weigh all those things,” Branstad says. “I want to do something that’s fair to all the communities involved and fair to all the parties and the one group that seems to be, because of the simulcasting provisions of that bill, having some concerns is the horse industry and so I’m carefully reviewing that,” Branstad says. “I have not made a final decision.”

Environmental activists in Iowa are nervously awaiting the governor’s decision on a bill to expand solar tax credits and several spending bills that include record-high funding for the Resource Enhancement and Protection (REAP) conservation program. The governor recently said he is concerned about various parts of a supplemental spending bill that contained $5 million of the REAP funding. In 2012, Branstad line-item vetoed half a million dollars for Iowa food banks on the Friday before Memorial Day.

More than three-quarters of Iowa mothers are breastfeeding their newborns at the time of discharge from the hospital, according to the latest figures released by the Iowa Department of Public Health. A chart near the bottom of this page shows data compiled through the Iowa Newborn Metabolic Screening Profile Feeding Report since 2000. Statewide, about 63 percent of newborns were receiving some breast milk in the year 2000, but by 2013 the rate had risen to 77.7 percent. This chart shows the breastfeeding incidence for about two-thirds of Iowa counties between 2006 and 2013. (Counties with fewer than 20 recorded births per year were not included in the analysis.) Almost every county saw the breastfeeding rate increase during that period, but there was wide variation among counties. Howard County in northern Iowa started out above the statewide average in 2006 and had the highest breastfeeding rate in 2013 at 95.2 percent. Nearby Chickasaw County had the lowest rate at 54.5 percent and is one of the few Iowa counties where the newborn breastfeeding rate has declined in recent years.

Small changes in hospital policies can make a big difference in breastfeeding rates. This slide show created by Dr. Nils Bergman discusses how skin to skin contact in the first hours after birth promotes more breastfeeding. Toward the middle of the presentation, he discusses a study at one California hospital, where an hour of skin to skin time for babies in the first three hours of life dramatically increased the percentage of mothers who were breastfeeding at the time of hospital discharge.

The new Iowa statistics only reflect the percentage of babies receiving some breast milk in the hospital. For many women, the most difficult period for breastfeeding is the week or two after bringing baby home. (That was my experience.) In-person help from certified lactation consultants or accredited volunteer breastfeeding educators can be crucial. Sometimes a small change in how a woman holds her baby or her breast can make a huge difference in baby’s ability to transfer milk. Free breastfeeding support is available through Iowa chapters of La Leche League and Breastfeeding USA. After the jump I’ve posted information about other free breastfeeding resources for Iowa mothers.

Knowing what to expect during the early weeks of breastfeeding is critical. It’s typical for newborns to nurse every hour or two around the clock, or to go through a period of “cluster feeding” for a few hours each day. In our culture, many women wrongly interpret those and other normal behaviors as a sign that they are not making enough milk. Again, seeking advice in person or over the phone can be helpful. Good online sources for breastfeeding information, including trouble-shooting, include Kellymom, La Leche League, and Breastfeeding, Inc. Among the many good books that have been published about breastfeeding, the best short read in my opinion is Breastfeeding Made Simple by Nancy Mohrbacher and Kathleen Kendall-Tackett. The best book for trouble-shooting is The Ultimate Breastfeeding Book of Answers by Dr. Jack Newman and Teresa Pitman. The best overview of typical breastfeeding behavior is The Womanly Art of Breastfeeding, published by La Leche League International.  

The year’s not even half over, but I doubt any public figure will surpass the brazen chutzpah former Vice President Dick Cheney displayed in television appearances on two consecutive days this week. Cheney asserted that former Secretary of State Hillary Clinton should be “held accountable” for the terror attack in Benghazi, and that President Barack Obama has abused executive power. Look who’s talking! The guy who never faced any consequences for his central role in leading the country into war on false pretenses. The Iraq war killed nearly 4,500 U.S. military personnel in the theater, contributed to hundreds of veteran suicides in the past decade, and left thousands of Americans with life-altering physical injuries or PTSD (not to mention the hundreds of thousands of Iraqi casualties).  I don’t know why anyone would listen to anything Cheney has to say about anything, particularly about being held accountable.

A remarkable example of home-grown chutzpah came from Jerry Rhoads, who recently filed for bankruptcy protection for himself and two Iowa nursing homes he owns. One of the homes is on the federal government’s list of most troubled care facilities, according to Clark Kauffman’s piece in the Sunday Des Moines Register. But to hear Rhoads tell it, he’s an innocent victim of over-zealous inspectors:

“I don’t think I’m the bad guy,” Rhoads said Wednesday [May 14]. “I believe this is criminal, the way we have been treated. They have fined us over $100,000, and we lost another $1 million because of the hold they placed on new Medicaid admissions.” […]

“We’re not bad people, but the state has treated us like criminals.”

No, if the state were treating you like criminals, you’d be facing criminal charges and not just civil fines for substandard care that may have led to several deaths. After the jump I’ve posted some of the shocking details from Kauffman’s article.

Iowa has some outstanding nursing homes and skilled care facilities, but I would still recommend keeping a close eye on any loved ones receiving long-term care, given our state’s weak enforcement of violations and limited capacity for inspections.  

A new working paper for the National Bureau of Economic Research points to significant long-term benefits for children in poverty whose families received cash transfers through the first U.S. government welfare program. Researchers used census, World War II and death records to compare male children of mothers who received help through the federal Mothers’ Pension program between 1911 and 1935 to male children whose mothers applied for help but were rejected from the program. You can read the full research paper here (pdf) or access it here. I’ve posted a few excerpts after the jump.

The main takeaway: “Male children of accepted mothers received one-third more years of schooling, were less likely to be underweight, and had higher income in adulthood than children of rejected mothers.” The study did not include female children of early welfare recipients because name changes through marriage make it much harder to track long-term outcomes for girls.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome. I’ve enclosed a few links in honor of Mother’s Day.

The Pew Research Center posted “5 questions (and answers) about American moms today.”

Annie Fox, who has a great website for teens, tweens, and their parents, shared her perspective on “What makes a good mom?”

Mother’s Day can be a difficult holiday for many people, especially women who have experienced the death of a child. State Senator Janet Petersen wrote about her stillbirth and her work since then to educate parents on monitoring their babies’ movements during the third trimester. I’ve posted excerpts after the jump.

Mother’s Day can also be challenging for those whose mothers have died. Hope Edelman, the author of the book Motherless Daughters, shared her experiences and advice on how to spend the day when your mother is gone.

Finally, Mother’s Day can stir up painful feelings for those who never received the emotional support they needed from their mothers. Dr. Laura Markham, who runs my all-time favorite parenting website and writes one of the best parenting blogs, recently re-shared her excellent post on “How to Give Unconditional Love When You Didn’t Get It Yourself.”

Speaking of great advice, Froma Harrop’s latest syndicated column urges college students who are the victims of rape or sexual assault to call 911, rather than reporting to campus authorities. “Rape is a violent crime, and when violent crimes occur, the police should be called.” Parents of college students should pass along these wise words. My only quibble with Harrop is that she assumes all such victims are women. Men can also be assaulted sexually, and if that happens to a male college student, he should call 911 as well.

Sometimes bills left for dead rise again in the final hours of the Iowa legislature’s work. So it was for Senate File 2297, an “act relating to the criminal transmission of a contagious or infectious disease.” If signed into law, this bill would replace current Iowa law on HIV transmission, under which a person can be sentenced to 25 years in prison, even if the virus that causes AIDS was not transmitted to anyone. For background on the old law, one of the harshest in the country, click here or here, or listen to this Iowa Public Radio program from March. (Incidentally, the Iowa Supreme Court has heard but not yet ruled on a case related to that law but not challenging its constitutionality.)

Whereas current law takes a “one size fits all” approach to HIV transmission cases, Senate File 2297 outlines more serious penalties for those who intentionally infect a partner (not just with HIV, but with any communicable disease) than for those who either didn’t mean to transmit or did not transmit a disease. In addition,

under the new bill, Iowans would no longer be sentenced as sex offenders and a retroactive clause in the bill would remove anyone sentenced under 709c from the sex offender registry. Prosecutors would also have to prove substantial risk, rather than the current law which simply requires non-disclosure.

Senate File 2297 passed the Iowa Senate unanimously in February. Democratic State Senator Rob Hogg said it would update Iowa law to reflect modern medicine and replace a “badly outdated and draconian” part of the code. Republican State Senator Charles Schneider agreed that current law was “not always proportionate” to the crime committed.

So far, so good. But instead of sailing through the Iowa House, Senate File 2297 stalled. It cleared a House Judiciary Subcommittee but not the full committee in time for the “second funnel” deadline in mid-March. The bill landed on the “unfinished business” calendar, which kept it eligible for debate.

I hadn’t heard anything about this bill for some time, until I saw this morning that it came up for debate in Iowa House a little before 2 am. It passed by 98 votes to 0. After the jump I’ve posted a statement from the LGBT advocacy group One Iowa, which has pushed for similar legislation for years.  

Iowa legislators pulled an all-nighter at the Capitol to close out the 2014 session. The Iowa House adjourned for the year a little before 6 am, while the Senate will return briefly on Friday to authorize further investigation of Branstad administration controversies.

It will take several days for Bleeding Heartland to cover the most important news about the state budget and other bills passed toward the end of the session. I was surprised to see that Iowa House leaders did call up Senate File 2360, the limited medical cannabis bill the Iowa Senate approved last Friday. As of yesterday afternoon, that bill seemed doomed.  I saw some speculation that leaders might not even call it up for debate. A few Republicans had filed more than a dozen amendments, apparently with the goal of killing the bill on the floor. State Representative Chip Baltimore was one sponsor of the poison pill amendments. He told the Des Moines Register that

a bill legalizing marijuana – even in an extremely limited way for an extremely limited purpose – simply couldn’t be introduced, debated and passed in the space of a week.

“We’re being asked to take an extraordinary leap of faith,” Baltimore said, referring to the reassurances [Representative Rob] Taylor and others have given on cannabidiol’s safety and efficacy. “You don’t do that in five days.”

Lawmakers negotiated well pass midnight and agreed to make small changes to the medical cannabis bill. It will still allow only the use of cannabis oil, not marijuana in smokeable form. According to Radio Iowa’s O.Kay Henderson, the new language also “requires patients to get an Iowa neurologist’s recommendation for cannabis oil.” The Iowa House approved the bill by 75 votes to 20 just after 3:30 am. CORRECTION: The final roll call was 77 votes to 20. The Senate approved the House version by 38 votes to 8 about an hour later. The Senate roll call is after the jump. I’ll update this post with the House roll calls once it becomes available on the Iowa legislature’s website.

Governor Terry Branstad indicated a few weeks ago that he is open to a cannabis oil bill, as long as it’s “very limited in focus.” I expect him to sign Senate File 2360.

UPDATE: Added a statement below from State Senator Joe Bolkcom, the legislature’s leading advocate for medical marijuana.

Iowa lawmakers advanced two bills yesterday that illustrate how effective corporate and interest group lobbyists can be. In the Iowa House, a bill allowing greyhound racing to end in Council Bluffs and become less costly for a casino in Dubuque won final passage by 79 votes to 16. I’ve posted the roll call after the jump. As Bleeding Heartland discussed here, Iowa greyhound breeders and trainers, along with their paid representatives, managed to get the state legislature to insist on a massive bailout for their industry–even though public demand for dog racing is near zero these days. According to the Dubuque Telegraph-Herald’s Erin Murphy, Governor Terry Branstad has not committed to signing the bill. But if he does, tens of millions of dollars from the Las Vegas-based Caesar’s corporation will be divided among a relatively small group of greyhound breeders, trainers, kennel owners, and rescue organizations.

Meanwhile, yesterday the Iowa Senate approved “an act relating to vapor products and alternative nicotine products, and providing penalties.” Bleeding Heartland discussed this bill in February, when it passed the Iowa House. On its face, House File 2109 looks like it is designed to protect children’s health by banning e-cigarette sales to minors. But medical and public health groups opposed the bill. Lobbyists who supported it mostly represented tobacco companies or retailers. They liked the bill because it didn’t classify vapor cigarettes as tobacco products and didn’t ban fruit-flavored e-cigarettes. Before final passage, senators rejected an amendment offered by Senator Joe Bolkcom, which would have strengthened the bill. They then approved an amendment offered by Senator Bill Dotzler, making minor changes to the definition of “vapor product.” The lobbyist declarations on the bill still show opposition from the public health community and support from the tobacco industry and retailers. On final passage senators approved the bill by 37 votes to 12. Because of the slight change in wording, this bill goes back to the Iowa House rather than straight to the governor’s desk. I doubt it will run into any trouble there, given how easily it passed in February.

Incidentally, the e-cigarettes bill is a rare example of legislation that passed the Iowa Senate with more votes from the minority party (22 of the 24 Republicans) than from the majority party (15 of the 26 Democrats). Someone please correct me if I’m wrong, but I can’t think of any similar Iowa Senate vote during the last few years. Scroll to the end of this post for the roll call.

UPDATE: On April 29, the Iowa House approved the Senate version of House File 2109, after rejecting along party lines Democratic amendments that would have strengthened the bill. The vote on final passage was 74 to 23, similar to the margin by which House members approved the e-cigarette legislation in February. I’ve posted details on the roll call after the jump.

Yesterday the Iowa Senate approved by 36 votes to 12 a bill to legalize the use of medical cannabis oil for treating certain seizure conditions. You can read the full text of Senate File 2360 here. After the jump I’ve posted State Senator Joe Bolkcom’s floor statements in support of the bill, which summarize its key points and limited scope. An Iowa Senate Democratic research staffer provided a more detailed analysis of the bill here (pdf).

The roll call in the Senate Journal shows that all 26 Iowa Senate Democrats voted for the cannabis oil bill, joined by the following ten Republicans: Mike Breitbach, Mark Chelgren, Minority Leader Bill Dix, Joni Ernst, Hubert Houser, David Johnson, Tim Kapucian, Charles Schneider, Amy Sinclair, and Brad Zaun. The twelve Republicans who voted no were Bill Anderson, Jerry Behn, Rick Bertrand, Nancy Boettger, Jake Chapman, Randy Feenstra, Julian Garrett, Sandy Greiner, Dennis Guth, Ken Rozenboom, Roby Smith, and Jack Whitver. Republicans Mark Segebart and Dan Zumbach were absent.

During the floor debate, several Republicans warned that passing the bill would send the wrong message to teenagers, leading to more recreational use of marijuana. That’s hard to fathom, since the bill does not legalize smoking marijuana, even for terminally or chronically ill Iowans who could benefit from medical cannabis in that form.

Key Iowa House Republicans and Governor Terry Branstad have made clear that for now, they would consider only a bill to allow access to medical cannabis oil. I hope a study committee on broader use of medical marijuana will go forward. Senate File 2360 is a step in the right direction and will give families like this one options other than moving to Colorado. However, the bill leaves out too many suffering people.

P.S.- A sign of how far the political ground has shifted in the medical marijuana debate: Joni Ernst and Brad Zaun are in fiercely competitive GOP primaries (for U.S. Senate and IA-03, respectively). Both of them voted for this bill.

Governor Terry Branstad has opposed efforts to legalize marijuana for medical use in Iowa, but on Monday he he signaled that he is open to taking a small step forward this year.

[I]t looks like we could end up with something that’s very limited in focus, like as passed recently in Utah and Alabama,” Branstad said. “I’m certainly working with legislators to see if there’s a possibility to work something out on that before the legislature adjourns.”

The new Utah law allows extract in oil form, but not smoking marijuana to treat a medical condition. Along the same lines, James Q. Lynch reported stunning news: Iowa House Public Safety Committee Chair Clel Baudler is open to legalizing the use of medical cannabis, in oil form. After meeting with parents whose children suffer from seizure disorders, Baudler said, “These little kids are taking some drugs that are really hot […] So if we educate ourselves and possibly we can give them some relief, that’s a good thing.”

Last summer, Baudler bragged that he would wear as a “badge of honor” his designation as one of the country’s ten worst state legislators, according to the Marijuana Policy Project.

He and Iowa House Speaker Kraig Paulsen indicated that to have any chance of passing the Republican-controlled House, a bill to legalize the use of cannabis would have to exclude marijuana that can be smoked. That will disappoint Iowans suffering from cancer, severe pain, or debilitating chronic diseases like multiple sclerosis. Smoking marijuana can ease nausea and other symptoms in such patients. Speaking to Lynch, Baudler said people who want to use cannabis to treat conditions other than seizure disorders should “Move to Colorado.”

Even limited progress on this issue is welcome, but I hope Iowa lawmakers will move forward with a broader study of medical cannabis programs.

UPDATE: Iowa Senate Majority Leader Mike Gronstal is willing to help “move a limited bill on medical cannabis oil forward.” Senate Minority Leader Bill Dix is non-committal for now.  

An incredible project will take shape soon in Iowa City:

A food forest is a gardening technique or land management system, which emulates a woodland ecosystem using edible trees, shrubs, and herbs. Fruit and nut trees make up the upper level, while berry shrubs, edible perennials, and annuals make up the lower levels. The Wetherby Park Edible Forest will combine aspects of native habitat rehabilitation with edible forest gardening.

Food in the Wetherby Food Forest:

Trees: apple, pear, plum, cherry, mulberry

Shrubs: hazelnut, serviceberry, aronia berry, beach plum, gooseberry, currant, honeyberry

Herbs: strawberry, oregano, thyme, lemon balm, chives, sorrel, lovage

The non-profit group Backyard Abundance is organizing a volunteer day on April 12 to prepare and mulch the future orchard site. Planting will begin in 2015. Backyard Abundance posted detailed design plans and plant lists here (pdf). Iowa City Parks and Recreation is partnering with Backyard Abundance on the edible forest, having previously worked with the group and other volunteers to establish an edible maze in the same park.

After the jump I’ve enclosed more about the new project, which aims to improve public health while using land sustainably and reducing the area’s carbon footprint.

For Iowans who would like to create similar projects in their communities, I highly recommend Darrin Nordahl’s book Public Produce. Nordahl formerly worked for the City of Davenport, where he promoted growing food in public spaces. The Cultivate Hope farm and urban agriculture education center in downtown Cedar Rapids would be a great source of advice and inspiration as well.

What a difference a month makes. Four weeks ago, State Senator Joe Bolkcom declared his bill to legalize the medical use of cannabis dead on the same day he introduced it. Now five Republican senators have joined Bolkcom and four other Iowa Senate Democrats seeking to advance the conversation about medical marijuana before next year’s legislative session.

Click here to read the full text of Senate Resolution 112, which requests the creation of an interim study committee “to make recommendations on the feasibility of establishing a medical cannabis program in this state allowing qualifying resident patients to purchase and possess cannabis for medical purposes, and to file a final report including recommendations with the general assembly by December 30, 2014.” If the Senate approves the resolution, the Iowa Legislative Council led by House Speaker Kraig Paulsen and Senate Majority Leader Mike Gronstal will likely approve a study committee to evaluate medical marijuana later this year.

Depending on the study committee’s conclusions, a medical marijuana bill might garner more bipartisan support during the 2015 legislative session. Kudos to Democrats Bolkcom, Matt McCoy, Bill Dotzler, Jack Hatch, and Tom Courtney, and Republicans Ken Rozenboom, Mike Breitbach, Brad Zaun, Amy Sinclair, and Charles Schneider for supporting this resolution. It’s worth noting that all five Republican co-sponsors were elected to the Iowa Senate in 2012 and therefore will not face re-election again until 2016. Consequently, all five will be serving in the Iowa Senate next year, regardless of which party controls the chamber after the 2014 elections.

Democratic gubernatorial candidate Hatch has long been on record supporting medical marijuana in Iowa. Earlier this month, Governor Terry Branstad warned of “unintended consequences” and said much more study of the issue is needed.

UPDATE: I should have mentioned that while Zaun isn’t up for re-election to the state Senate this year, he is one of six GOP candidates running in Iowa’s third Congressional district. I wonder whether any of his rivals in IA-03 will criticize this stance.