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

In a May 25 decision, the U.S. Supreme Court greatly restricted the jurisdiction of the U.S. Environmental Protection Agency and the Army Corps of Engineers to protect wetlands under the Clean Water Act.

The Clean Water Act gives the agencies authority to protect “waters of the United States,” known as WOTUS. Constitutionally, the EPA and the Corps have jurisdiction over waters that affect interstate commerce. Certainly, interstate rivers like the Mississippi and the Missouri affect interstate commerce. And no one seriously argues that rivers and streams that flow into interstate rivers are not within the EPA’s and the Corps’ jurisdiction. But what about wetlands?

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

In 2017, the Iowa legislature responded to concerns from Governor Terry Branstad and amended Iowa law to ensure that when government employees are forced out of their jobs, the reasons must be made public and not shrouded in secrecy.

The goal was commendable. The governor was right. People deserve to be told “why.” It is called public accountability.

Since then, the transparency promised six years ago has diminished.

Disclosure: The ACLU of Iowa is representing Laura Belin and other plaintiffs in an open records lawsuit now pending in Polk County District Court. That case is unrelated to the litigation discussed here.

“We are celebrating today,” said the ACLU of Iowa’s legal director Rita Bettis Austen during a May 12 news conference to discuss the Iowa Supreme Court’s latest decision in a transgender rights case.

In Vasquez and Covington v. Iowa Department of Human Services, the court dismissed as moot the state’s appeal of a lower court ruling, which had found a 2019 law and related administrative rule to be unconstitutional. The result means the state cannot enforce a regulation barring Medicaid coverage for Iowans who need gender-affirming surgery.

Bettis Austen told reporters, “The importance of this truly cannot be overstated,” adding that “Transgender Iowans on Medicaid can continue to receive the coverage for life-saving gender-affirming care, that they desperately need.” Plaintiffs Aiden Vasquez and Mika Covington fought for nearly four years to obtain this outcome and can feel proud of making history for trans Iowans.

However, other aspects of the court’s unanimous decision, authored by Justice Thomas Waterman, raise questions about how Iowa’s high court may approach future challenges to state laws or policies designed to discriminate against transgender people.

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

A potential class-action lawsuit claims Governor Kim Reynolds’ refusal to pay pandemic-related jobless assistance to 30,000 Iowans was unlawful and deprived those individuals of “life-sustaining benefits.”

Lawyers for Karla Smith of Pleasantville and Holly Bladel of Clinton have filed a lawsuit in U.S. District Court for the Southern District of Iowa claiming the two women and thousands of other Iowans were illegally denied unemployment benefits in 2021 due to the actions of Reynolds and Iowa Workforce Development Director Beth Townsend.

The lawsuit alleges Reynolds and Townsend violated Iowa’s Employment Security law, which requires the state to “cooperate with the United States Department of Labor to the fullest extent” and make available to Iowans “all advantages available under the provisions of the Social Security Act that relate to unemployment compensation.”

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

“Power tends to corrupt, and absolute power corrupts absolutely.”—Lord Acton, 1887

We usually hear this statement when someone wants to make a point about someone else, someone in power. I’m doing just that. And those to whom I want to point in this case are the justices of the U.S. Supreme Court.

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

A Polk County District Court ruled on April 28 that the Iowa Department of Natural Resources (DNR) improperly approved Supreme Beef’s nutrient management plan.

Supreme Beef LLC is an 11,600-head cattle feeding operation in Clayton County. It sits at the headwaters of Bloody Run Creek, one of the most treasured trout streams in Iowa and officially designated as an Outstanding Iowa Water.

Governor Kim Reynolds, her staff, and security detail used a non-public elevator and “walked down the secure hallway” where Iowa Supreme Court justices have private offices before attending the April 11 oral arguments in a major abortion-related case.

“Neither the justices, supreme court staff, or Judicial Branch Building security knew or gave permission for the governor or Iowa State Highway Patrol to access the supreme court’s non-public office space” at that time, according to Molly Kottmeyer, counsel to Chief Justice Susan Christensen.

As Iowa Republican lawmakers advanced Governor Kim Reynolds’ wide-ranging education bill this month, they expanded on language spelling out parents’ right to make decisions affecting their own child.

The latest version of the bill inadvertently admits that Iowa’s new law banning gender-affirming care for minors violates a “fundamental, constitutionally protected right.”

UPDATE: The governor signed this bill on March 22. Original post follows.

Republicans took another step last week toward making the Iowa legislature’s 2023 session the worst ever for LGBTQ people. After letting similar bills die without committee approval as recently as 2021, the GOP fast-tracked legislation this year that prohibits transgender people from using the school restroom or locker room that corresponds to their gender identity.

The Iowa Senate passed the latest “bathroom bill,” Senate File 482, on March 7 in a party-line vote. The Iowa House approved the bill on March 16 by 57 votes to 39, with five Republicans (Chad Ingels, Megan Jones, Brian Lohse, Phil Thompson, and Hans Wilz) joining every Democrat present in opposition.

Governor Kim Reynolds is expected to sign the bill, along with legislation banning gender-affirming health care for minors. At this writing, neither bill has been forwarded to her office.

Iowa’s GOP trifecta won’t have the final word on the subject, however. Transgender plaintiffs have challenged restrictive bathroom policies in several states, and I expect one or more Iowa students to file suit soon after Senate File 482 goes into effect.

During the floor debates in the Iowa House and Senate, lawmakers pointed to key issues courts will consider as they weigh the bill’s stated goal (protecting students’ privacy) against its adverse impact on a specific group (students whose sex listed on a birth certificate does not match their gender identity).

UPDATE: The governor signed this bill on March 22. Original post follows.

Moving with unusual speed last week, Iowa Republican lawmakers approved Senate File 538, which broadly prohibits gender-affirming care, including puberty blockers, hormone treatments, and surgery, for Iowans under age 18.

Governor Kim Reynolds is expected to sign the bill soon, having used several opportunities over the past year to position herself against transgender youth.

The new law would certainly be challenged in court, as similar bans prompted lawsuits in Arkansas and Alabama.

During hours-long debates in the Iowa Senate and House, lawmakers raised points that would be central to litigation over whether banning gender-affirming care violates the constitutional rights of transgender children, their parents, and medical professionals.

For this post, I’ve pulled video clips to illustrate some of the core legal questions surrounding the bill. But there is much more of value in the passionate speeches delivered about Republicans’ latest attempt to target LGTBQ Iowans. You can watch the full Senate debate here (starting around 7:32:30) and the House debate here (starting around 1:40:45).

“Medical Malpractice Reform gets Iowa back in the game of recruiting and retaining physicians to care for Iowans!” Governor Kim Reynolds tweeted on February 16. She had just signed House File 161, a bill limiting damages in medical malpractice lawsuits.

Reynolds waited a long time for that moment. Two years running, similar proposals failed to reach her desk for lack of support in the GOP-controlled state House.

The bill signing capped one of the most dramatic debates in recent Iowa political memory.

It’s rare for more than a handful of Republican lawmakers to go on record against any bill that’s a priority for leadership. Not only did seventeen GOP lawmakers oppose passage of House File 161, six members of the majority party explained their objections during the hours-long debates in the House and Senate on February 8.

In addition to exposing divisions within Republican ranks, some remarks from the legislative proceedings may become important if the new law is challenged in court.

The Iowa Attorney General’s office has issued statements touting several legal actions by Attorney General Brenna Bird, seeking to block various federal regulations.

But when Bird joined a multi-state effort on February 10 to cut off access nationwide to mifepristone, a widely used drug for medication abortions and treatment of first-trimester miscarriages, her office did not announce the decision. Nor has it publicized letters Bird and other Republican attorneys general signed this month, warning at least three corporations about policies or practices related to abortion.

Communications staff for Bird and Governor Kim Reynolds did not respond to Bleeding Heartland’s inquiries about the legal moves. Bird has long said she is “pro-life,” and immediately after taking office pledged to “defend Iowa’s statutes, especially those protecting innocent unborn babies.” But Iowa law permits abortions up to 20 weeks and does not restrict the use of mifepristone.

UPDATE: Although an Iowa Senate Judiciary subcommittee recommended passage of this bill, the full Judiciary Committee did not take it up before the legislature’s second “funnel” deadline on March 31. That means the bill won’t advance this year. Original post follows.

Iowa House members voted overwhelmingly on February 9 to make it easier to counter lawsuits filed in order to chill speech.

House File 177 would create a path for expedited dismissal of meritless claims stemming from exercise of the constitutionally-protected “right of freedom of speech or of the press, the right to assemble or petition, or the right of association […] on a matter of public concern.” Such cases are sometimes called “strategic lawsuits against public participation” (SLAPP), because the plaintiffs’ goal may be primarily to discourage speech or media coverage, rather than to prevail in court.

The Republican floor manager, State Representative Steven Holt, said passing an anti-SLAPP law became a priority for him after the Carroll Times Herald was sued over coverage of a local police officer who had relationships with teenage girls. Holt noted that even though the libel lawsuit was not successful, the newspaper “was left with over $100,000 in debt and nearly went out of business.”

Holt said the bill was about “protecting our small-town newspapers and media outlets.” Democratic State Representative Megan Srinivas also spoke in favor of the bill, saying it was critical to protect journalists, especially those working in small communities.

Governor Kim Reynolds is one step closer to controlling a majority of votes on all of Iowa’s judicial nominating commissions, following Iowa Senate passage of Senate File 171 on February 8.

Voting 34 to 15 along party lines, the chamber approved the bill, which would give the governor an extra appointee on commissions that recommend candidates for lower court appointments, and remove district chief judges from those bodies.

A Polk County District Court has denied the state’s request to lift a permanent injunction on a 2018 law that would ban most abortions in Iowa.

Judge Celene Gogerty had asked skeptical questions of both sides during a hearing in late October. But her December 12 ruling agreed with key legal arguments the ACLU of Iowa made on behalf of Planned Parenthood of the Heartland. The judge comprehensively rejected points private attorneys raised on behalf of Governor Kim Reynolds.

Reynolds immediately pledged to appeal the decision to the Iowa Supreme Court, which will likely hear the case next year. Although some justices have signaled they might uphold sweeping abortion bans, Gogerty’s decision gives the justices several ways to determine that this case is not the vehicle for reaching that outcome.

Randy Evans can be reached at DMRevans2810@gmail.com. 

Few people like being told what they must do. Lorie Smith is one of them.

The suburban Denver, Colorado business owner, a devout Christian, builds websites for customers. She wants to expand her business and begin building websites for couples who are planning weddings.

But she is adamant that she does not want to be forced to build websites for same-sex couples. Doing so, she says, would violate her faith, which does not allow her to celebrate same-sex marriages.

Matt Sinovic is the Executive Director of Progress Iowa, a multi-issue progressive advocacy organization.

Iowans know everyone deserves the opportunity to succeed, regardless of race, gender, sexual orientation, or economic status. We know education is one of the greatest methods to achieve success, and we believe talented students from all backgrounds deserve a fair shot to overcome obstacles to educational opportunity.

We also know that the greatest opportunity to learn comes in diverse settings, where we can discuss with and learn from people of different races, religions, and ethnicities. Learning from people with different backgrounds benefits our nation, our communities, our workforce and our students. 

Disclosure: I am a plaintiff in an open records lawsuit that is pending before the Iowa Supreme Court on interlocutory appeal. (The governor’s office appealed a lower court ruling against the state’s motion to dismiss our case.) That litigation has nothing to do with this post.

On the back side of Iowa’s general election ballot, voters have a chance to vote yes or no on allowing two Iowa Supreme Court justices, two Iowa Court of Appeals judges, and dozens of lower court judges to remain on the bench.

No organizations are campaigning or spending money against retaining Justices Dana Oxley and Matthew McDermott, whom Governor Kim Reynolds appointed in 2020.

Nevertheless, I expect the justices to receive a lower share of the retention vote than most of their predecessors. Shortly after the newest justices were part of a controversial ruling on abortion in June, the Iowa Poll by Selzer & Co for the Des Moines Register and Mediacom found a partisan split in attitudes toward the Iowa Supreme Court, with a significant share of Democrats and independents disapproving of the court’s work.

This post seeks to provide context on how the justices up for retention have approached Iowa Supreme Court decisions that may particularly interest Bleeding Heartland readers.

Randy Evans can be reached at DMRevans2810@gmail.com. 

“Reasonable” is a word that is used often in Iowa’s laws. Reasonable fees. Reasonable rules. Reasonable efforts. Reasonable force.

But events in recent weeks show government officials are not always following what many Iowans would think the term means. And when government officials deviate from “reasonable,” they should not be surprised if their standing or the stature of their agency suffers in the public’s eyes.

Consider the Linn-Mar Community School District.

The ACLU of Iowa filed new legal arguments last week in Iowa’s most important pending abortion rights case. Governor Kim Reynolds is seeking to reinstate a near-total abortion ban, which a Polk County District Court found unconstitutional in 2019.

Last month, private attorneys representing the state in this litigation (since Attorney General Tom Miller declined to do so) gave the District Court one big reason to lift the permanent injunction on a 2018 law that would ban almost all abortions after about six weeks.

In a response brief filed on behalf of Planned Parenthood of the Heartland, the ACLU gave the District Court several paths to reject the state’s request.

Tom Barton wrote an excellent article for the Cedar Rapids Gazette about what’s at stake in this November’s vote on a pro-gun amendment to the Iowa Constitution. Republicans who pushed for the amendment have downplayed its potential impact on existing gun regulations. But legal experts told Barton some laws, such as a broad prohibition on firearms ownership by people with felony convictions, might not survive a court challenge if voters approve the constitutional amendment.

In a little-noticed passage tucked into a recent decision on abortion rights, a majority of Iowa Supreme Court justices suggested that existing gun regulations could be doomed under a “strict scrutiny” standard.

State Representative Lindsay James of Dubuque is the Iowa House minority whip.

No matter who we are or what corner of the state we call home, most Iowans want similar things: to make a good living, care for our families, and feel safe and connected to our communities. Iowans want to be able to afford the things that matter most and be able to go to the doctor without going broke. 

As former Vice President Mike Pence makes his way to Iowa this week, it’s important to remember that MAGA Republicans and Pence don’t have Iowans’ best interests at heart. 

Lawyers representing Governor Kim Reynolds have taken the first step toward reinstating a 2018 law that would ban nearly all abortions in Iowa. A Polk County District Court struck down that law in 2019, and Reynolds did not appeal the decision. A motion filed on August 11 asks the court to lift the permanent injunction, which was founded on Iowa and U.S. Supreme Court rulings that have since been reversed.

In a written statement amplified on her social media, Reynolds promised, “As long as I’m Governor, I will stand up for the sanctity of life and fight to protect the precious and innocent unborn lives.”

Left unsaid by the governor, but made clear by the legal brief her team filed: pregnant Iowans’ interests have almost no value in the eyes of the state.

Will four Iowa Supreme Court justices balance competing concerns the same way?

The ACLU of Iowa and Planned Parenthood North Central States announced on August 5 that they will not pursue litigation challenging Iowa’s mandatory 24-hour waiting period before all abortions. The Iowa Supreme Court allowed that 2020 law to go into effect in June, when a 5-2 majority reversed the court’s abortion rights precedent and sent Planned Parenthood’s case back to District Court.

In a written statement, ACLU of Iowa legal director Rita Bettis Austen described the decision to dismiss the case as “extremely difficult.”

But the move was wise in light of Iowa’s current legal landscape. Dropping this challenge could push back by years any ruling by the conservative-dominated Iowa Supreme Court to establish a new legal standard for reviewing abortion restrictions. That could strengthen the position of Planned Parenthood and the ACLU as they fight grave threats to Iowans’ bodily autonomy.

Richard Lindgren is Emeritus Professor of Business at Graceland University in Lamoni, Iowa, now retired in Gulf Coast Florida. He blogs at godplaysdice.com.

A Kentucky circuit court recently granted a temporary injunction to halt the implementation of Kentucky’s “trigger law” that would ban abortion in response to the recent Dobbs Supreme Court decision. The judge spelled out perhaps the clearest rationale to date why the most extreme of the anti-abortion laws are blatantly unconstitutional according to the Kentucky state constitution (regardless of what the current Supreme Court says):

Herb Strentz scrutinizes U.S. Senator Chuck Grassley’s record on judicial confirmations and gun safety legislation.

The campaign slogan “Grassley Works” is meant to convey Senator Chuck Grassley’s work ethic. But given the news of the day (and likely the news for generations to come), it is more of an indictment of Grassley’s legacy.

William R. Staplin shares another cartoon and explains his artistic choices.

I was inspired to draw this cartoon because of the egregious decision by the Supreme Court of the United States (SCOTUS) to overturn a 49 year-old precedent, Roe v. Wade. The majority abandoned pregnant Americans’ right to choose safe health care outcomes, including abortion.

I fashioned this cartoon in the same style as a famous work from the American Regionalist Movement (or American Regionalism Movement). The master artist was John Steuart Curry and he painted the politically controversial mural, “Tragic Prelude, (1940).”

The Iowa Supreme Court has rejected Governor Kim Reynolds’ request that it quickly green-light any and all abortion restrictions the state might enact.

The action means that it could be years before the high court determines whether the state constitution guarantees any level of bodily autonomy for pregnant Iowans.

Governor Kim Reynolds announced on June 28 that she will seek to lift an injunction on a 2018 law that would have banned almost all abortions in Iowa. After that law was struck down in early 2019, Reynolds opted not to appeal the decision, due to an Iowa Supreme Court precedent that is no longer operative.

The governor will also ask the Iowa Supreme Court to rehear a recently-decided abortion case, taking into account the U.S. Supreme Court’s majority opinion that overturned the Roe v Wade and Casey precedents.

The worst-case scenario for bodily autonomy in Iowa played out over the past ten days. First, the Iowa Supreme Court on June 17 overturned its own 2018 precedent that established a fundamental right to abortion, protected by the state constitution. Then, the U.S. Supreme Court on June 24 overturned the 1973 Roe v Wade decision that established a federal constitutional right to an abortion, and the related Casey decision of 1992.

Top Iowa Republicans immediately promised further action to restrict abortion, which is now legal in Iowa up to 20 weeks of pregnancy. It’s not yet clear when they will try to pass a new law, which exceptions (if any) may be on the table, or whether a ban modeled on other state laws could survive an Iowa court challenge.

Bleeding Heartland user “Bill from White Plains” is an Iowa attorney.

Now that five U.S. Supreme Court justices have overturned the Roe v. Wade precedent when deciding Dobbs v. Jackson Women’s Health Organization, I thought it might be helpful to do a deep dive into the legal bases for that decision. Most folks see this as a “results-oriented” ruling, “judicial activism” done by “unelected judges” superseding “the will of the people.”

As with most Supreme Court cases, the popular press has focused on the result (ending any federal constitutional right to an abortion), rather than the legal framework. More often than not, our discourse parrots what we read and hear from the media. It is important to learn how the Supreme Court majority reached this outcome, because for the rest of our lives, that legal framework may impact civil rights most of us have taken for granted for decades.

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

Five Iowa Supreme Court justices allowed a 24-hour waiting period for all abortions to go into effect and opened the door to more sweeping restrictions on June 17, when justices overturned the court’s 2018 precedent that had found the Iowa Constitution protects a fundamental right to seek an abortion.

The outcome is precisely what Republican legislators were seeking two years ago, when (buoyed by unusually rapid turnover on Iowa’s highest court) they passed a law nearly identical to the one struck down in the 2018 case.

Two dissenting justices warned that the latest decision injects “instability” and “confusion” into Iowa’s legal landscape, because the court’s majority did not establish a new standard for evaluating the constitutionality of abortion restrictions. Two justices signaled they would allow almost any limits on the procedure. Three justices indicated they might be open to a similar approach, or might strike a different balance that recognizes some bodily autonomy for Iowans wanting to terminate a pregnancy.

In the words of Justice Brent Appel, the majority set forth “a jurisprudence of doubt about a liberty interest of the highest possible importance to every Iowa woman of reproductive age.”

The ruling may also undermine public confidence that Iowa Supreme Court rulings are grounded in legal analysis, rather than politics.

Carl Olsen is the founder of Iowans for Medical Marijuana.

If you have travel plans this summer, you might want to consider a route that avoids Iowa.  Last week, the Iowa Supreme Court denied protection for an out-of-state medical marijuana patient.

William Morris covered the ruling for the Des Moines Register, and Paul Brennan wrote about it at Little Village.

After reading the 4-3 majority opinion in State v. Middlekauff, I felt something seemed amiss. 

Iowa’s State Judicial Nominating Commission is accepting applications to replace the longest-serving current Iowa Supreme Court justice.

Justice Brent Appel, who has served on the court since October 2006, will step down on July 13, when he reaches the mandatory retirement age of 72. Since Justice David Wiggins retired in early 2020, Appel has been the only one of the seven justices appointed by a Democratic governor.

A Polk County District Court has rejected Governor Kim Reynolds’ attempt to have an open records lawsuit tossed without being considered on the merits. It was the third time in the past five months that a court denied the state’s motion to dismiss a suit claiming the Reynolds administration violated Iowa’s open records law.

I am among the plaintiffs who sued the governor and some of her staff in December over five unfulfilled requests I had submitted to her office, two requests submitted by Clark Kauffman of Iowa Capital Dispatch, and one request submitted by Randy Evans of the Iowa Freedom of Information Council.

About three weeks after the ACLU of Iowa filed the lawsuit on our behalf, the governor’s office provided most of the records we had requested (in some cases more than a year earlier). The state’s attorneys then sought to have the case dismissed as moot.

Five U.S. Supreme Court justices will soon overturn the Roe v Wade and Casey decisions, according to a draft majority opinion obtained by Politico. Josh Gerstein and Alexander Ward published excerpts from the draft, which author Justice Samuel Alito circulated in February.

Assuming the court overrules Roe sometime in the next two months, abortion will become illegal immediately in more than a dozen states. Other Republican-controlled states, including Iowa, will likely pass total or near-total abortion bans soon after.

But any such law could not take effect here as long as a 2018 Iowa Supreme Court precedent stands. In that case, the majority held that the Iowa Constitution protects a fundamental right “to decide whether to continue or terminate a pregnancy,” and any limits on that right are subject to strict scrutiny.

That ruling could be overturned in two ways.

Randy Evans can be reached at DMRevans2810@gmail.com. 

I’m confused.  

Some of our political leaders seemed to be talking out of both sides of their mouths when they criticize public school employees for allegedly pushing a point of view onto students. 

These leaders need to figure out whether it is good or bad for school employees to engage in what critics call indoctrination. 

Iowans have “no reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publicly accessible area,” according to a bill Governor Kim Reynolds signed into law on April 21.

Lawmakers approved Senate File 2296 in response to a June 2021 Iowa Supreme Court ruling, which declared warrantless garbage searches unconstitutional.

Whether the new law can withstand scrutiny is unclear. Attorneys who opposed the bill have pointed out that the legislature and governor cannot override the Supreme Court’s interpretation of the state constitution. But it could be years before a challenge to the law reaches the high court.

Iowa candidates not affiliated with the Republican or Democratic parties will have until August 27 to qualify for the general election ballot, under a recent federal court ruling.

A law enacted in 2019 required third-party and independent candidates to submit nominating papers by the same mid-March filing deadline that applies to Democratic or Republican primary election candidates. But Chief U.S. Magistrate Judge Helen Adams ruled the law unconstitutional earlier this month, saying the early deadline “imposes a substantial burden” on the Libertarian Party of Iowa’s rights under the First and Fourteenth Amendments to the U.S. Constitution.

Whereas major parties are allowed to nominate candidates after the June primaries, the law forced “non-party political organizations” or independent candidates to collect signatures during the winter months. They also had to recruit all of their candidates “well before the political landscape is fleshed out, before the primary elections in June, before the Political Party candidates are solidified and finalized, before the current election issues are fully developed, and before voters are truly engaged in the election process,” the court determined.

Bleeding Heartland’s review of recent candidate filings indicated that fewer third-party candidates seeking state or federal offices qualified for the ballot after the 2019 law went into effect. No independent candidates filed for statewide or federal offices before this year’s March filing deadline. The Libertarian Party of Iowa fielded a ticket for governor and lieutenant governor, but no candidates for other statewide offices or for U.S. House or Senate.

A brief the state submitted to the federal court this week acknowledged that since the March deadline has been declared unconstitutional, “the filing deadline that existed prior to the 2019 amendments remains in force.” Under that version of the code section, independent or third-party candidates running for state or federal offices must submit nominating papers to the Iowa Secretary of State’s office “not more than ninety-nine days nor later than 5:00 p.m. on the seventy-third day before the date of the general election to be held in November.”

By my calculation, that sets this year’s filing window from August 1 through August 26. (Communications staff for the Secretary of State’s office did not respond to an inquiry.) UPDATE: The Secretary of State’s office later published a document showing the filing period would run through August 27.