# Judiciary



New plaintiffs bring new absurd claims to Trump's Iowa Poll lawsuit

I wouldn’t have guessed President Donald Trump’s lawsuit over the pre-election Iowa Poll could assert claims any more outlandish than the original court filing in December.

Enter U.S. Representative Mariannette Miller-Meeks and former State Senator Brad Zaun.

The Des Moines Register’s William Morris was first to report on February 4 that Miller-Meeks and Zaun signed on as plaintiffs in Trump’s case against J. Ann Selzer, her polling company, the Des Moines Register, and its parent company Gannett. The suit alleges that the inaccurate poll (which suggested Democratic nominee Kamala Harris was leading Trump in Iowa) was an “unfair act or practice” under Iowa’s consumer fraud statute. It further claims defendants “engaged in this misconduct to improperly influence the outcome of the 2024 Presidential Election.”

Adding plaintiffs who are Iowa residents will help Trump get the case moved back to state court, where he originally filed. Attorneys for Gannett used a legal maneuver in December to remove the case to federal court.

For Miller-Meeks, there’s political upside as well: demonstrating her allegiance to Trump may help her fend off a second primary challenge from MAGA Republican David Pautsch.

But let’s be clear: Miller-Meeks and Zaun have even less basis to claim the Iowa Poll harmed them than Trump does.

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SCOTUS won't hear Steve King's appeal over "Success Kid" copyright case

The U.S. Supreme Court declined last week to hear former U.S. Representative Steve King’s appeal in a case stemming from his Congressional campaign’s unauthorized use of the popular “Success Kid” meme in 2020.

SHORT-LIVED POST LED TO LONG LEGAL BATTLE

Laney Griner took the photo of her son Sam on a beach in 2007 and registered the copyright for the “Success Kid” meme in 2012. While numerous people have used the image to create memes without compensating the Griners, various corporations have paid to license the photo for use in advertising.

A January 2020 post on the King for Congress Facebook page put Sam’s defiant image in front of the U.S. Capitol with the message “FUND OUR MEMES!!!” The post linked to a fundraising page.

King’s campaign took the “Success Kid” Facebook post down within hours after receiving a warning from Griner’s attorney. Griner told the New York Times at the time, “Steve King is just the worst of the worst,” and “bigotry is just the antithesis of what we want to be the association with this meme.”

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Iowa court ruling could restrict closed sessions at government meetings

Rick Morain is the former publisher and owner of the Jefferson Herald, for which he writes a regular column.

A recent Iowa Court of Appeals decision could substantially change how Iowa’s local government bodies—including county supervisors, city councils, and school boards—conduct meetings.

The decision centers on the legitimacy of closed sessions by those public bodies. The law at issue is Iowa Code Section 21.5(1)(i), part of the state’s open meetings law. Section 21.5 contains a list of conditions that permit closed meetings. The exemption at the heart of this case reads as follows:

To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.

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Free speech group FIRE to defend Selzer in Trump lawsuit

The nonprofit Foundation for Individual Rights and Expression (FIRE) announced on January 7 that it will defend longtime Iowa Poll director J. Ann Selzer at no charge in the lawsuit Donald Trump filed last month. Trump sued Selzer, her polling company, the Des Moines Register, and its parent company Gannett over the final pre-election Iowa Poll, which showed Vice President Kamala Harris leading Trump by 3 points. The Republican later carried Iowa by a 13-point margin.

FIRE’s chief counsel Bob Corn-Revere said in a news release, “Punishing someone for their political prediction is about as unconstitutional as it gets,” adding, “This is America. No one should be afraid to predict the outcome of an election. Whether it’s from a pollster, or you, or me, such political expression is fully and unequivocally protected by the First Amendment.”

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Trump ally Mike Davis no longer on U Iowa alumni board

One of President-elect Donald Trump’s top advisers on judicial and legal matters stepped away from a University of Iowa alumni advisory board late last year. Mike Davis has long been an aggressive Trump ally, known for his “combative presence on right-wing media.” Some of his posts on the X/Twitter platform prompted calls in November for the university to remove him from the political science department’s alumni advisory board. But in a statement provided last month, Davis said, “With President Trump’s victory on November 5th, I will not have the necessary bandwidth to serve on this important volunteer board, so I decided on my own to step down.”

The Article III Project, which Davis leads as founding president, told Bleeding Heartland that no one from the university asked Davis to resign from the advisory board or take down any of his social media posts.

Communications staff for the University of Iowa declined to comment on the situation. Professor Brian Lai, the interim department chair listed as the point of contact for the alumni advisory board, did not respond to inquiries.

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The 24 most-viewed Bleeding Heartland posts of 2024

As each new year begins, I enjoy looking back at the posts that resonated most strongly with readers in the year that ended. Some things never change: actions by the Republican-controlled state legislature and Governor Kim Reynolds—especially attacks on public education—inspired many of Bleeding Heartland’s most-viewed posts from 2024. That’s been true every year since the GOP trifecta began in 2017. U.S. Senator Chuck Grassley, who featured prominently in two of last year’s most popular posts, makes another appearance below.

I’ve learned there is no way to predict which pieces will take off. Some of the posts linked below required intensive research and days of writing, while others took only a few hours from start to finish. One was among the longest I wrote last year (more than 5,000 words), while another was among the shortest (fewer than 300 words).

Some authors whose work gained a large following in past years made the list again. But three authors featured below were contributing to Bleeding Heartland for the first time.

This list draws from Fathom Analytics data about total views for 561 posts published from January 1 through December 31, 2024. I wrote 145 of those articles and commentaries; other authors wrote 416. I left out the site’s front page and the “about” page, where many people landed following online searches.

A half-dozen posts barely missed the top 24, by a few hundred views or less:

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Recognizing Bleeding Heartland's talented 2024 guest authors

Bleeding Heartland set yet another record for guest contributions in 2024, with 416 posts involving 146 authors. (The previous record was 358 posts that more than 125 people wrote for this site in 2023.) I don’t know of any state-based political website that provides more quality coverage and commentary by guest contributors.

This year’s guest authors covered a wide range of topics, from public schools to local government, major employers, CO2 pipelines, notable events in Iowa history, and of course wildflowers.

They wrote about President Joe Biden and Vice President Kamala Harris, Senators Chuck Grassley and Joni Ernst, Governor Kim Reynolds and her administration, Attorney General Brenna Bird, and of course former and future President Donald Trump.

During the legislative session, guest authors highlighted flaws in the governor’s plan to overhaul Area Education Agencies and the report that sought to justify it. They shared their own personal or professional experiences with AEAs. They covered other education proposals and explained why the state’s official school voucher numbers were misleading. They also covered bills that received less attention but could change many Iowans’ lives for better or worse.

During the 2024 campaign and its aftermath, guest authors wrote about presidential polling in Iowa and nationally, profiled candidates, and analyzed the election results from several angles.

Guest authors sounded the alarm about Iowa’s near-total abortion ban, unlawful drug testing at hospitals, and climate change impacts. They suggested ways to protect water and air quality, and flagged transparency problems in state and local government. They reviewed books that would interest many Bleeding Heartland readers.

They reflected on the lives of those who passed away this year, including Iowans Marcia Nichols, Bobby Washington, and Jim Leach, as well as Tim Kraft, who played an important role on some Iowa campaigns.

While many guest authors criticized Republican policies and politicians, some offered advice or constructive criticism to Democrats following the Iowa caucuses and another disappointing general election.

As noted below, some contributions by guest authors were among the most-viewed Bleeding Heartland posts of the year.

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New judgeship for Iowa's Northern District blocked—for now

A years-long effort to expand the federal judiciary faltered this week when President Joe Biden vetoed the Judicial Understaffing Delays Getting Emergencies Solved Act of 2024. The JUDGES Act would have increased the federal district court bench by about 10 percent over the next twelve years, adding 63 new permanent federal judgeships in thirteen states, along with three temporary judgeships in Oklahoma. The U.S. District Court for the Northern District of Iowa was slated to receive one of the first eleven positions to be created in 2025.

The veto leaves Iowa’s Northern District with two District Court judges (Chief Judge C.J. Williams and Judge Leonard T. Strand), along with Senior Judge Linda R. Reade and two magistrate judges. That number hasn’t changed since 1990, when the last major expansion of the federal bench allocated a third judgeship to Iowa’s Southern District. The 1990 law also assigned a judge who had previously divided his time between the state’s two districts to the Northern District on a permanent basis.

Biden may not have the last word on this subject, given the Republican Party’s commitment to putting more conservatives on the bench.

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Trump's lawsuit against Des Moines Register, Selzer is not about winning

Lyle Muller is a board member of the Midwest Center for Investigative Reporting and Iowa High School Press Association, a trustee of the Iowa Freedom of Information Council, former executive director/editor of the Iowa Center for Public Journalism that became part of the Midwest Center, former editor of The Cedar Rapids Gazette, and a recipient of the Iowa Newspaper Association’s Distinguished Service Award. In retirement, he is the professional adviser for Grinnell College’s Scarlet & Black newspaper. This article first appeared on his Substack newsletter.

So, Donald Trump is suing The Des Moines Register and pollster J. Ann Selzer for consumer fraud, which he claims was willful election interference. Bring it on, I would like to say—but I don’t run The Register and my subscription does not entitle me to make such a challenge. I would be doing Selzer no favors, either. 

It would be like pushing the weakest sucker in your group of eighth-grade buddies to the front of the group after mouthing off to a bully. And, make no mistake, a bully is involved in this lawsuit. The kind you thought you left behind in eighth grade.

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Trump's lawsuit over Selzer poll is wrong on the law and the facts

President-elect Donald Trump followed through this week with his threat to sue pollster Ann Selzer and the Des Moines Register over the final pre-election Iowa Poll, which showed Vice President Kamala Harris leading Trump by 47 percent to 44 percent.

Many others have pointed out that Trump’s lawsuit is part of his broader “revenge tour” and “war on journalism.” In Greg Sargent’s words, the case is “putting people in the media and polling on notice that they will face real legal harassment if they anger or criticize Trump.” The president-elect admitted during a December 16 press conference that he will use lawsuits to influence news coverage: “I think you have to do it, because they’re very dishonest. We need a great media, we need a fair media.”

This post will focus on the legal, factual, and logical problems with the court filing.

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Iowa lawmakers should slap down intimidation lawsuits

Randy Evans is executive director of the Iowa Freedom of Information Council, a nonpartisan, nonprofit organization that promotes openness and transparency in Iowa’s state and local governments. He can be reached at DMRevans2810@gmail.com. 

A public policy dispute over plans for about 1,000 miles of carbon dioxide pipeline across Iowa took a concerning turn last week. The pipeline company’s latest tactic demonstrates why Iowa should finally enact an anti-SLAPP statute that has been floating around the legislature for a few years.

Cami Koons reported for Iowa Capital Dispatch that Summit Carbon Solutions, an Ames company co-founded by businessman Bruce Rastetter, sent letters to six opponents of its plans to use eminent domain authority to build the pipeline. With eminent domain, Summit could force landowners along the route to sell easements to the company so it could bury the proposed 2-foot-diameter pipe across their land.

The letters demand the recipients retract what Summit claims are false and defamatory statements the six critics have made and cease making similar comments in the future. The letters warn recipients their statements have “exposed you to significant legal liability.”

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Governor appoints Dustin Hite as District Court judge

Governor Kim Reynolds has appointed former State Representative Dustin Hite as a District Court judge. The governor’s office announced the appointment on November 29, one day before the end of the 30-day window for Reynolds to name either Hite or the other nominee for the position, Keokuk County attorney Amber Thompson.

Hite served two terms in the state legislature, and as chair of the House Education Committee helped enact some of Reynolds’ agenda. He fast-tracked bills in 2021 that required schools to provide fully in-person instruction as an option, and prohibited school districts and local governments from imposing mask mandates.

However, Hite earned the governor’s wrath by not bringing school voucher bills up for a vote in the Education Committee during the 2021 or 2022 legislative sessions. In addition, he opted not to assign school “bathroom bills” to a subcommittee, and opposed various “tort reform” proposals to limit damages Iowans could recover in medical malpractice cases or lawsuits involving trucking companies. 

Hite was among four House Republicans who opposed school voucher bills and subsequently lost their 2022 primaries after Reynolds endorsed GOP rivals. The governor recorded a robocall urging voters to back Helena Hayes in Hite’s district. Hayes was just re-elected to a second term representing House district 88.

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Project 2025 is coming for our wetlands

Dani Replogle is a staff attorney with the national advocacy group Food & Water Watch.

The Midwest’s iconic prairie potholes and other wetlands across the nation are under attack. A politically motivated lawsuit targeting the popular “Swampbuster” provision of the 1985 Farm Bill aims to erode a policy that has protected wetlands and supported farmers for nearly four decades. The case–CTM Holdings, LLC v. U.S. Department of Agriculture–is now pending before the U.S. District Court for the Northern District of Iowa.

From cleaning water and providing wildlife habitat to mitigating droughts and flooding, wetlands perform a panoply of ecosystem services that benefit human health and safety. As the impacts of climate change intensify over the coming years, farmers and rural communities stand to benefit immensely from wetlands protected by Swampbuster. That’s why a group of sustainable agriculture groups including Food & Water Watch, Iowa Farmers Union, Iowa Environmental Council, and Dakota Rural Action have moved to intervene in the lawsuit that will decide the program’s fate. 

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When will we stop politicizing Iowa's judiciary?

DSM Lawyer is an attorney in central Iowa.

When will we stop politicizing the judiciary? I practice in Polk County District Court Associate Judge Rachael Seymour’s courtroom all the time and have thoughts about why she received low marks in the Iowa State Bar Association’s judicial performance review.

Yes, hearings in her courtroom tend not to run on time, and she can take a long time to issue a written ruling. Why? Because she’s extremely thorough when we’re in court, and she gives a complete verbal ruling while you’re there. She wants to have all the possible information before making decisions that affect families, and she takes time to review all of the written evidence as well as review her notes prior to finalizing the written ruling.

Even the Iowa Court of Appeals recently noted the thoroughness of one of her rulings. This is a good thing, because it ensures everyone has all the same information rather than relying on our own individual recollections of what happened. I generally find that if I just pad my own schedule a little there’s no issue.

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Most religious exemptions exist only to protect bigotry

Jason Benell lives in Des Moines with his wife and two children. He is a combat veteran, former city council candidate, and president of Iowa Atheists and Freethinkers.

Christian Nationalism has seen so many victories with the makeup of the highest courts at both the state and federal levels. Time and again right-wing courts seem poised to enact theocracy by privileging religious belief over equality under the law and even basic human and civil rights.

These rulings and opinions are never based on reason or evidence but rather are special pleading for some vague “sincerely held belief” that seems to act as a get-out-of-jail-free card for religious individuals and organizations that circumvent civil rights laws. There are many examples in the not-so-distant history that point to this creeping assault on equal treatment under the law, but also rulings just this year that many people would likely be surprised to hear about.

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How Iowa Supreme Court Justice David May has decided big cases

Voters will decide in November whether to let Iowa Supreme Court Justice David May serve in that role for another eight years.

Justice May is heavily favored to keep his job. There is no organized statewide campaign against him, comparable to the well-funded efforts to oust Iowa Supreme Court justices in 2010 and 2012. His two colleagues who were up for retention in 2022 each received about 67 percent “yes” votes.

However, many reproductive rights advocates have circulated emails or social media posts calling on Iowans to vote against the newest justice, because in June he joined the 4-3 majority opinion that allowed the state to enforce a near-total abortion ban. Abortion is a more salient issue in this year’s election than it was two years ago.

It can be difficult for voters to find detailed information about the judges on the ballot. This post provides context on how Justice May has approached Iowa Supreme Court cases in several areas of the law. Bleeding Heartland previously covered the highest- and lowest-rated Iowa Court of Appeals and District Court judges who are up for retention this year.

If Justice May receives more “no” than “yes” votes—as happened with three Iowa Supreme Court justices in 2010—his tenure on the court will end in December. The State Judicial Nominating Commission would interview candidates for the vacancy and send three finalists to Governor Kim Reynolds for her consideration. Notably, nine of the seventeen commission members are themselves Reynolds appointees, so conservatives would likely end up on the short list of Supreme Court nominees.

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Highest and lowest-rated judges on Iowa's 2024 ballot

Iowans will decide this November whether to allow one Iowa Supreme Court justice, four Iowa Court of Appeals judges, and 64 Iowa District Court judges to remain on the bench. Since our state adopted the current judicial selection system in 1962, each judge must periodically go on the ballot—every eight years for Iowa Supreme Court justices, every six years for those serving on other courts.

Iowa voters have retained almost all judges over the past six decades. But any jurist who receives more “no” than “yes” votes in November—as happened with three Iowa Supreme Court justices in 2010—will be out of a job. Governor Kim Reynolds would fill any vacancies in early 2025, after receiving a list of finalists from the State Judicial Nominating Commission or its district-level counterpart.

While some people routinely approve or reject every judge up for retention as a matter of principle, voters who want to make informed choices often find it difficult to learn anything about the judges listed on the back of the ballot.

This post highlights the appeals and district court judges who received the highest and lowest ratings in the 2024 Judicial Performance Review, the main public source of information about Iowa’s judges. I will also explain why I plan to vote against retaining a member of the Iowa Court of Appeals and a district associate judge in Polk County.

A forthcoming Bleeding Heartland article will analyze how Iowa Supreme Court Justice David May has decided high-profile cases since Reynolds appointed him in July 2022.

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Iowa leads suit challenging federal staffing mandates for nursing homes

Clark Kauffman is deputy editor at Iowa Capital Dispatch, where this article first appeared.

The state of Iowa, where nursing homes have compiled one of the nation’s worst records for staffing-level violations, has joined nineteen other states in suing the Biden administration to block the implementation of new staffing requirements.

The lawsuit, filed in U.S. District Court for the Northern District of Iowa, seeks to overturn the nursing home staffing requirements approved earlier this year by the Centers for Medicare and Medicaid Services.

In their petition, the 20 states and more than a dozen industry associations argue that the new staffing requirements pose “an existential threat to the nursing home industry as many nursing homes that are already struggling will have no choice but to go out of business. And the main victims will be the patients who will have nowhere else to go.”

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Animal welfare group sues USDA over Iowa puppy mill's license

Clark Kauffman is deputy editor at Iowa Capital Dispatch, where this article first appeared.

The American Society for the Prevention of Cruelty to Animals is suing the federal government over its alleged lax oversight of a major Iowa puppy-mill operator.

The ASPCA filed the lawsuit on September 19 in U.S. District Court for the District of Columbia, naming as defendants the U.S. Department of Agriculture and Michael Watson, who heads the USDA’s Animal and Plant Health Inspection Service. Also named as a defendant is Tom Vilsack, the secretary of agriculture and former governor of Iowa.

The lawsuit alleges that the USDA has violated the federal Animal Welfare Act by repeatedly renewing the license of Steve Kruse, an Iowa-based breeder who operates a large-scale kennel in West Point and has a long history of animal welfare violations.

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Iowa's 2024 ballot now worst-case scenario for Libertarians

The last few weeks could hardly have gone worse for the Libertarian Party of Iowa. Republican activists successfully forced the party’s three U.S. House candidates off the ballot, leaving Nicholas Gluba, Marco Battaglia, and Charles Aldrich to run write-in campaigns in the first, third, and fourth Congressional districts.

Meanwhile, a crowded field of presidential candidates imperils Libertarian prospects to retain major-party status in Iowa for the next election cycle.

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Don't bend your principles to get a desired outcome

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

Here we go again.

Don’t be surprised if there is a hard-fought campaign between now and the November election over a guy named David May. You may not recognize his name. But you will in the weeks to come.

May is the newest member of the Iowa Supreme Court. His name will be on the ballot in November, with voters having the opportunity to weigh in on whether he should be retained as one of the high court’s seven justices.

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Why plaintiffs dropped challenge to Iowa's abortion ban

A legal challenge to a “giant step backward” for Iowa women ended this week.

Planned Parenthood of the Heartland, the Iowa City-based Emma Goldman Clinic, and Dr. Sarah Traxler, the chief medical officer for Planned Parenthood North Central States, on August 15 asked a Polk County District Court to dismiss their lawsuit challenging Iowa’s near-total abortion ban.

The state has been able to enforce the ban (House File 732) since July 29, making most abortions illegal after embryonic cardiac activity can be detected. That often happens around six weeks after the last menstrual period. The Iowa Supreme Court ruling that allowed the 2023 law to go into effect made it almost impossible for plaintiffs to show the statute is unconstitutional.

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Trial lawyers group opposes attacks on Iowa judges, justices

Bill Graham is Vice-Chair of the Iowa State Committee of the American College of Trial Lawyers. That committee released the following statement on August 16: “The Iowa State Committee of the American College of Trial Lawyers Opposes Attacks on Iowa State Judges and Justices.”

The Iowa State Committee of the American College of Trial Lawyers (ACTL) opposes attacks on individual judges and justices based upon recent opinions released.

Just over a year ago, Bob Vander Plaats of the Family Leader made and encouraged impeachment threats against Iowa Supreme Court Chief Justice [Susan] Christensen and Justices [Thomas] Waterman and [Edward] Mansfield arising from their decision in Planned Parenthood of the Heartland, et al, v. Reynolds, No. 22-2036 (Iowa S.Ct. June 16, 2023). Fortunately for the people of Iowa, the effort did not succeed. The justices had released an opinion declining to remove an injunction preventing the enforcement of the fetal heartbeat bill.

More recently, Lea DeLong who is associated with the Iowans for Reproductive Freedom (which is not officially involved in the effort) penned a letter that was discussed within a Des Moines Register opinion piece headlined as IOWANS ARE TALKING ABOUT FIRING JUDGES AGAIN. THEY MAKE A GOOD CASE, August 9, 2024. DeLong makes the case for the removal of Iowa Supreme Court Justice David May because of his vote in a recent opinion – suggesting Justice May is ideologically out of touch with people in the state. The opinion upheld a 6-week abortion ban as constitutional.

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Book ban undermines state's mission of educating Iowa students

Ed Tibbetts, a longtime reporter and editor in the Quad-Cities, is the publisher of the Along the Mississippi newsletter, where this article first appeared. Find more of his work at edtibbetts.substack.com.

When I was a kid growing up in eastern Iowa during the 1970s, the school library opened up the world to me.

I remember rushing through my homework during study hall, so I could get to the library.

Like most students in school, there were classes I loved (history and English) and those I hated (math and science). But despite my misgivings about the curriculum, never did I doubt my love for the school library. To me, it was a refuge for independent thought and exploration, where nobody could exercise control over where my mind wandered.

There, the world beckoned, and I eagerly dove in.

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Grants available for Iowa youth needing gender-affirming care

Transgender or nonbinary Iowans under age 18 will soon have more help obtaining gender-affirming care out of state. In partnership with the LGBTQ advocacy group One Iowa, the North Carolina-based Campaign for Southern Equality is expanding its Trans Youth Emergency Project to Iowa, the groups announced on August 9. 

Republican lawmakers and Governor Kim Reynolds banned gender-affirming care (such as puberty blockers, hormone treatments, and surgery) for Iowa minors last year. More than two dozen GOP-controlled states have enacted similar laws. The Campaign for Southern Equality estimates that 38 percent of transgender youth nationally and 93 percent of those in the South live in states that ban gender-affirming care.

A news release explained that the Trans Youth Emergency Project provides “1-on-1 custom patient navigation services and supports families of transgender youth with emergency grants of $500, renewable every six months, to help them travel out of state for care.” The project has distributed “more than $500,000 in direct emergency grants to 1,000 families and individuals” in fifteen states since March 2023. After the expansion, grants will be available to families in 25 states.

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Where things stand with Iowa's near-total abortion ban

UPDATE: On July 22, the Iowa Supreme Court referred the case back to District Court. The same day, Judge Jeffrey Farrell issued an order dissolving the temporary injunction and allowing the law to be “fully enforced,” effective 8:00 AM on Monday, July 29. Original post follows.

Three weeks after the Iowa Supreme Court ruled that the state should be able to enforce a near-total abortion ban, the law is still on hold.

Polk County District Court Judge Jeffrey Farrell said during a July 19 virtual conference that the Iowa Supreme Court had not yet issued an order transferring the case back to District Court. That needs to happen before the judge can dissolve a temporary injunction blocking enforcement of the ban (House File 732).

Under Iowa’s rules of civil procedure, the high court cannot transfer a case to lower court within the first 21 days after a Supreme Court ruling (that period ends on July 19), or “while a properly filed petition for rehearing” is pending. The plaintiffs in this case—Planned Parenthood of the Heartland, the Emma Goldman Clinic, and Dr. Sarah Traxler—filed a petition for rehearing on July 11. They provided three reasons the Iowa Supreme Court majority should have left the injunction in place while litigation proceeds.

It’s not clear when the Supreme Court will accept or reject the petition for rehearing. The court rarely grants such requests and rarely makes significant changes to decisions already published.

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Conservative judges should be careful what they ask for

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

In late June, six conservative U.S. Supreme Court justices overruled the Chevron doctrine in a case called Loper Bright v. Raimondo. The 40-year-old Chevron precedent had required courts to give deference to an administrative agency’s interpretation of the laws it administers and enforces.

This may sound like an issue only a lawyer would care about. But it has major implications for how government functions.

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A stench from the bench

Kurt Meyer writes a weekly column for the Nora Springs – Rockford Register and the Substack newsletter Showing Up, where this essay first appeared. He serves as chair of the executive committee (the equivalent of board chair) of Americans for Democratic Action, America’s most experienced liberal organization.

Sometimes it’s called a code of ethics, sometimes a code of conduct. In my experience, any such code is necessary, primarily when someone is acting in a way that either is, or might be perceived, as being contrary to basic ethical norms. Yes, public perception matters. If your entity has never had need for such a code, you’re lucky; you may want to put some “guardrails” in place before you’ll wish you had.  

“Basic ethical norms” is a vague reference, with often difficult-to-agree-upon specifics. In most local governance situations—such as the nonprofit boards I’m most familiar with—such codes are dangerously rare. Occasionally, guidance comes from a national office, if one exists. For example, the American Bar Association (Model Rules of Professional Conduct) addresses attorneys and the American Medical Association (Code of Medical Ethics) does the same for physicians.

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Here's how deceitful politicians dodge the truth

Ed Tibbetts, a longtime reporter and editor in the Quad-Cities, is the publisher of the Along the Mississippi newsletter, where this article first appeared. Find more of his work at edtibbetts.substack.com

I’ve said it before, Governor Kim Reynolds is a smart politician. She won’t tell you the truth, but she’s a smart politician.

I’ve been thinking of this lately because of news stories about a federal judge dismissing a lawsuit that challenged the Iowa governor’s decision to cut off additional pandemic-related unemployment benefits three years ago. (Plaintiffs are appealing that decision.)

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Yes, the criminal justice system is rigged

Writing under the handle “Bronxiniowa,” Ira Lacher, who actually hails from the Bronx, New York, is a longtime journalism, marketing, and public relations professional.

Former President Donald J. Trump thus reacted in dismay last week after a Manhattan jury convicted the former U.S. president and current GOP candidate to reclaim that office on 34 counts of business impropriety, adding …

Sorry; that wasn’t Trump who said that. Or any Trump supporter. Or last week, or last year, or even last decade. It was what University of Southern California law professor Jody David Armour told the Los Angeles Times after four police officers in that city were acquitted of assault against Rodney King in 1992.

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Justice's distress signal should distress us all

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

Here is a tidbit from my years as a newspaper reporter and editor:

I never voted in a primary election, never attended the Iowa caucuses, never stuck a candidate’s sign in my yard, never had a bumper sticker on my car, never signed a petition, never donated to a campaign.

When Sue and I married, she got something more in the deal than my sparkling personality. She knew she could not have any yard signs, because people driving past our home would not know which part of the yard was for her opinions and which was for mine. To eliminate any confusion, there were no yard signs. Period.

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New Iowa law flouts U.S. Constitution's Supremacy Clause

Rick Morain is the former publisher and owner of the Jefferson Herald, for which he writes a regular column.

Where does your primary loyalty lie: as a citizen of America, or as a citizen of Iowa?

Probably seems like a meaningless question. But around the nation, more and more states these days are enacting laws in opposition to those of the federal government, placing the loyalty question front and center. And a growing number of U.S. residents are declaring a preference to honor their state laws above those of the United States.

ORIGINS OF THE SUPREMACY CLAUSE

In terms of settled law, there’s no real dispute: federal law outranks state law. The U.S. Constitution leaves no doubt. Article VI, Clause 2 (the “Supremacy Clause”), reads as follows:

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What Iowa lawmakers approved (and cut) in state's $8.9 billion budget

Robin Opsahl covers the state legislature and politics for Iowa Capital Dispatch, where this article first appeared.

In their final days of the 2024 legislative session, Iowa lawmakers approved $8.9 billion in state spending for the upcoming year, financing the state government and public services. Most of those decisions now await a thumbs up or down from the governor.

Appropriations bills included funding for topics discussed often this session, like increasing pay for Iowa judges, as well as spending cuts to Area Education Agencies (AEAs), the provider of special education and other school support services in Iowa.

Budget bills can also include policy components. This year, language restricting on diversity, equity and inclusion programs at the state’s public universities was passed as part of the education spending bill.

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What to know about the Iowa Supreme Court's next big abortion case

For the sixth time in the past decade, an abortion-related case is pending before the Iowa Supreme Court.

The only certainty is that the court will issue some majority opinion in the latest iteration of Planned Parenthood of the Heartland v Reynolds. All seven justices participated in the April 11 oral arguments.

The law at issue, adopted during a special legislative session last July, is almost identical to the near-total abortion ban at the center of last year’s case. But after Justice Dana Oxley recused herself from the 2023 litigation, the other justices split 3-3, leaving a permanent injunction on the 2018 abortion ban in place.

In all likelihood, the Iowa Supreme Court will decide before the end of June whether to lift the temporary injunction on the new abortion ban. Normally, it’s not advisable to guess how any justice will rule following oral arguments. We can draw more inferences here, because all seven justices have written or joined opinions that are relevant to the current case.

This post is designed to help readers understand the legal context and key arguments for each side.

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What were these government officials thinking?

State Senator Dan Dawson presents Senate File 2349, regarding defense subpoenas, during floor debate on February 27. Screenshot from official video.

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

What were they thinking? That is a question I ask myself a lot lately.

Those were the first words out of my mouth when the Manhattan district attorney had to postpone Donald Trump’s New York criminal trial on the alleged hush-money payments to porn star Stormy Daniels — the delay necessitated because government lawyers had dropped the ball.

I muttered those words during several days of court hearings in Georgia into Atlanta prosecutor Fani Willis’ affair with a subordinate prosecutor — the one she chose to lead the criminal case against Trump and a dozen other defendants for trying to undo that state’s 2020 presidential election results.

And those words come to mind about bills the Iowa legislature is considering that would affect criminal cases like those brought against state university athletes for their online wagers on sporting events.

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Adventures in misleading headlines

Some Iowa news headlines misrepresented an Eighth Circuit Court of Appeals decision on February 27, which resolved a long-running lawsuit over Iowa’s 2021 law banning schools from requiring masks.

“Federal appeals court upholds Iowa law banning school mask mandates,” read the headline on a Cedar Rapids Gazette story, also published in some of the Lee Newspapers.

KCRG-TV’s version (carried by other television stations with the same owner) was titled “Federal appeals court upholds Iowa ban on mask mandates.”

“Appeals court upholds law banning mask mandates in schools,” read the headline on Iowa Capital Dispatch, a website that allows Iowa newspapers to republish its reporting at no charge.

The framing closely tracked written statements from Governor Kim Reynolds and Attorney General Brenna Bird, who hailed the Eighth Circuit decision.

There was just one problem: the appeals court did not “uphold” the law.

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1883 civil rights ruling “will frame mischief”

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on October 4, 2023.

The longest writing I’ve seen by Alexander Clark appears on page 1 of this newspaper two days after Christmas 1883.

The editors give the title “CIVIL RIGHTS” with subtitle “Views of a Distinguished Colored Citizen on the Subject.”

Apparently their readers knew enough—and cared enough—about the subject to slog through two full-length columns, most of the non-advertising content of the page. His letter comes to well over 2,000 words, maybe as much as three times my column here.

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Iowa's revised abortion rules still more political than medical

The Iowa Board of Medicine has unanimously approved a new version of administrative rules related to a near-total abortion ban Republicans hope to enforce in the future.

The law, known as House File 732, is currently enjoined under a Polk County District Court order, which the state has appealed. If the Iowa Supreme Court eventually allows the ban to go into effect, the administrative rules would provide some guidance to physicians on how to approach the law’s (mostly unworkable) exceptions.

The revisions approved during a February 15 teleconference meeting address some objections physicians raised when the board discussed the rules in November and January. However, they do not change the reality that the rules don’t match how doctors normally interact with patients seeking to terminate a pregnancy.

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In rapid reversal, House clerk grants me press credentials

My five-year effort to gain a seat on the Iowa House press bench ended less than five days after the Institute for Free Speech filed a federal lawsuit on my behalf.

House Chief Clerk Meghan Nelson informed me shortly after 5:00 pm on January 23 that the Iowa House approved my application for work space, and a spot has been reserved for me in the press box on the floor of the House chamber.

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