# Judiciary



Separating the ethic from the dogma

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):

Continue Reading...

Cartoon: SCOTUS-induced Tragic Prelude 2.0

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).”

Continue Reading...

Reynolds seeks legal do-over to reinstate 2018 abortion ban

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.

Continue Reading...

How far can Iowa Republicans go to ban abortion? (updated)

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.

Continue Reading...

How did we get here? An analysis of the Dobbs decision

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.

Continue Reading...

Only five applied for Iowa Supreme Court vacancy

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.

Continue Reading...

Iowa Supreme Court's abortion reversal may cast long shadow

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.

Continue Reading...

Welcome to Iowa, land of entrapment

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. 

Continue Reading...

Iowa Supreme Court Justice Brent Appel retiring soon

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.

Continue Reading...

Court rejects governor's motion to dismiss open records lawsuit

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.

Continue Reading...

What could happen in Iowa after Roe is overturned

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.

Continue Reading...

Iowa's new garbage search law looks unconstitutional

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.

Continue Reading...

Iowa's third-party candidates have more time to qualify for ballot

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.

Continue Reading...

Three takeaways from Iowa's latest transgender equality ruling

Nearly fifteen years after state legislators and Governor Chet Culver added sexual orientation and gender identity to the Iowa Civil Rights Act, the Iowa Supreme Court ruled on the first employment discrimination lawsuit brought by a transgender Iowan.

On April 1 the seven justices unanimously upheld a Polk County jury verdict, which found that the Iowa Department of Corrections unlawfully discriminated against plaintiff Jesse Vroegh. Superiors refused to allow Vroegh to use male restrooms and locker rooms when he worked as a nurse at the Iowa Correctional Institute for Women.

The court also upheld the jury’s finding that the state discriminated against Vroegh by refusing to cover gender-affirming “top” surgery, even though the state’s insurance plan would have covered a double mastectomy for a medical need not related to gender identity.

But breaking with the U.S. Supreme Court, six Iowa Supreme Court justices determined that gender identity discrimination did not also constitute discrimination against Vroegh on the basis of sex.

Continue Reading...

Abby Finkenauer’s rhetoric was embarrassingly misguided

Randy Evans: What Abby Finkenauer should know — and what Donald Trump also should understand — is that it is not evidence of bias when a judge disagrees with your position in a dispute.

A common refrain from Democrats during Donald Trump’s years in the presidency was that he was undermining public trust and confidence in our courts with his talk of judges being biased and having political motives when they ruled against him. 

Trump’s comments were a bunch of hooey — and it certainly was a bunch of hooey last week, too, when a prominent Iowa Democrat, U.S. Senate candidate Abby Finkenauer, sang from the Trump song sheet about judicial bias

Continue Reading...

What the Supreme Court said—and didn't say—in Finkenauer case

The Iowa Supreme Court surprised many in the political and legal worlds on April 15 with a unanimous judgment reinstating U.S. Senate candidate Abby Finkenauer to the Democratic primary ballot.

Five justices resolved an apparent contradiction between two parts of Iowa’s election law by saying an incorrect or missing date is not a valid reason for not counting a signature on a candidate’s petition. They reversed a Polk County District Court, which days earlier reached the opposite conclusion: that an undated signature cannot be counted, and therefore Finkenauer did not qualify for the ballot.

Two justices concurred with the outcome of reversing the lower court but did not explain their reasoning.

The result was a big loss for Republican plaintiffs who challenged the State Objection Panel’s decision to let three disputed signatures on Finkenauer’s petitions stand. It’s also an embarrassment for Republican legislators who moved last year to limit the panel’s discretion.

By deciding this case on narrow grounds, the Iowa Supreme Court left some big legal questions to be adjudicated another election year.

Continue Reading...

Court: Iowa's early filing deadline for third parties unconstitutional

A federal judge has ruled that Iowa’s early filing deadline for third-party candidates “imposes a substantial burden” on the Libertarian Party of Iowa’s rights under the First and Fourteenth Amendments to the U.S. Constitution.

Iowa legislators changed the state’s election law in 2019 to require independent candidates or those affiliated with a non-party political organization (like the Libertarian or Green Party) to file nominating papers for state or federal offices by mid-March, the same deadline as for Democrats and Republicans running in primaries.

The Libertarian Party and Jake Porter, the party’s 2018 nominee for governor, filed suit in 2019, saying the change put “heavy burdens” on third parties, and the adverse treatment served no legitimate state interest.

Helen Adams, chief magistrate judge for the U.S. District Court for the Southern District of Iowa, ruled on April 8 that Iowa’s legal framework places third parties “at a disadvantage” compared to the major parties, and the state’s “articulated interest in effective and equitable administration of election laws” did not justify those burdens.

Continue Reading...

Judge rules Abby Finkenauer should be off primary ballot

A Polk County District Court has handed a big win to Republicans seeking to knock Abby Finkenauer off the Democratic primary ballot for U.S. Senate.

Judge Scott Beattie ruled on April 10 that the State Objection Panel used the wrong legal standard when it counted signatures with missing or incorrect dates. Consequently, the court found, Finkenauer’s campaign “has failed to submit at least 100 signatures from at least 19 counties” as required by Iowa law.

Continue Reading...

Why Iowa's senators voted against historic SCOTUS confirmation

The U.S. Senate made history on April 7 by confirming the first Black woman to the U.S. Supreme Court, with the country’s first Black vice president presiding. Three Republicans joined all 50 members of the Senate Democratic caucus to confirm Appeals Court Judge Ketanji Brown Jackson, prompting loud applause in the chamber.

There was never any doubt that Iowa’s two Republicans would vote against this confirmation. However, Senators Chuck Grassley and Joni Ernst laid out their reasons for opposing Judge Brown Jackson only this week.

Continue Reading...

Bill would deny justice to truck crash victims

Aside from must-do tasks like adopting a budget for the coming fiscal year, Republican leaders of the Iowa House and Senate hope to secure agreement on a few policy bills before adjournment. The outstanding issues include proposed cuts to unemployment benefits, a plan to divert public education funds to private schools, and changes to Iowa’s can and bottle recycling program.

Another priority for legislative leaders is a bill to shield trucking companies from some kinds of lawsuits and cap damages for other legal claims related to commercial vehicle crashes. The proposal lacked enough support among Iowa House Republicans to advance during the 2021 session, and a revised version produced a rare defeat for House leaders in a floor vote last month.

James Bergert lost his wife Joanna Rizzo and was injured himself in a horrific collision on Interstate 35 last August. He and his wife’s estate filed suit March 18 against the tow truck driver who allegedly caused the crash, as well against the trucking company that driver owns. Bergert and his attorney Erik Luthens spoke to Bleeding Heartland recently about the case and how pending “tort reform” proposals would affect future victims of similar tragedies.

Continue Reading...

What is—and isn't—in lawsuit against panel ruling on Finkenauer

Two Republican voters filed suit on March 31 challenging the State Objection Panel’s decision to allow U.S. Senate candidate Abby Finkenauer to remain on the Democratic primary ballot.

Attorney Alan Ostergren, who has represented Republican candidates and committees in several high-profile election cases, filed the lawsuit on behalf of Kim Schmett and Leanne Pellett. They charge that the panel, comprised of Secretary of State Paul Pate, Attorney General Tom Miller, and State Auditor Rob Sand, should have disallowed signatures on Finkenauer’s nominating petitions where voters did not provide the correct date. Doing so would have brought the Democratic front-runner’s campaign below the threshold of 100 signatures in at least nineteen counties.

Sand and Miller voted to allow those signatures to stand; Pate would have sustained the objection to them.

The lawsuit also charges that Sand and Miller should have recused themselves from considering the objection to Finkenauer’s petitions. If the auditor and attorney general had recused, as Ostergren had requested during the panel’s March 29 meeting, Republican statewide officials would have replaced them on the panel, and would surely have ruled against letting Finkenauer compete for the Democratic nomination.

However, the plaintiffs did not raise another argument that Ostergren had argued at length when asking the panel to invalidate signatures on Finkenauer’s petitions, and those filed by two other candidates.

Continue Reading...

Barriers for third-party candidates reduced Iowa voters' choices

New laws enacted by Republican legislators and Governor Kim Reynolds succeeded in limiting third-party competition for Iowa’s state and federal offices.

According to the general election candidate list published by the Iowa Secretary of State’s office on March 21, only one minor-party candidate qualified for a federal office this year: Bryan Jack Holder, who is running in the fourth Congressional district. Libertarians are fielding candidates for governor and lieutenant governor: Rick Stewart and Marco Battaglia. In 2018, Libertarian candidates were on the ballot for all of Iowa’s statewide and federal offices.

No independent candidate filed for any federal or statewide office in Iowa this year. For most of the last decade’s elections, independent candidates were on the ballot for several of those offices.

Only two candidates not representing a major party filed for any of the the 34 Iowa Senate seats on the ballot in 2022; both are running in Senate district 17. Across the 100 Iowa House races, only three Libertarian candidates and four independents will appear on the November ballot.

Before Republicans passed new restrictions in 2019 and 2021, Iowa voters were able to choose candidates not representing either major party in more elections.

Continue Reading...

Iowa lawmakers tank consensus revisions to criminal procedure rules

Revised Iowa Court Rules of Criminal Procedure face an uncertain future after some state legislators objected to parts of the package, which was three years in the making.

The Iowa Supreme Court withdrew the rules from the Legislative Council on February 17. The order signed by Chief Justice Susan Christensen did not explain why the court took that step.

An email sent to members of the task force that drafted the new rules, which the Judicial Branch provided to Bleeding Heartland, said unnamed state legislators had informed the court “the rules would not be approved as submitted in the current form.” Lawmakers’ concerns centered around changes that would benefit defendants facing criminal charges.

Continue Reading...

Iowa Supreme Court drops courtroom mask mandate

Iowans entering court-controlled spaces are no longer required to wear face coverings, under an Iowa Supreme Court order that took effect on February 14.

The Iowa Supreme Court reintroduced a comprehensive mask mandate last August, after the Delta variant caused a surge in cases and hospitalizations. A December order kept the requirement in place, as the Omicron variant became dominant. The February 11 order signed by Chief Justice Susan Christensen noted, “With both variants now on the wane, we find it appropriate to end this protocol.”

However, the new order gives judges discretion to “require face coverings by participants or take other measures to mitigate the spread of COVID-19 in court proceedings as necessary.”

Continue Reading...

Iowa must do better than Chuck Grassley

Herb Strentz reviews Senator Chuck Grassley’s record as a leading member of the Senate Judiciary Committee.

A one-time Democratic candidate to represent Iowa in the U.S. Senate was only half right when he expressed concern in 2014 that Senator Chuck Grassley might be a threat to our nation’s judiciary.

The comment is relevant today because Grassley still serves on the Senate Judiciary Committee, as the panel’s ranking Republican. He will set the tone for how Republicans respond to President Joe Biden’s nomination of the first Black woman to serve on the U.S. Supreme Court.

Continue Reading...

Joe Biden's game plan for the Supreme Court

Ira Lacher: Nominating Vice President Kamala Harris to the U.S. Supreme Court would accomplish two critical political objectives for President Joe Biden.

The news that Justice Stephen G. Breyer intends to retire at the end of the U.S. Supreme Court’s current term should warm the cockles of those who welcome the appointment of a justice who believes in something other than “might makes right (wing).” Do we dare to use the words “Joe Biden victory” in a headline?

We can. But to succeed, he will have to carefully plan strategy, the way a winning football team must anticipate every defense formation and tactic — along with the offense’s inevitable missed blocks, miscues, and outright fumbles. So, in this season of NFL playoff games, I offer myself as the Biden administration’s offensive coordinator.

Continue Reading...

My effort to allow religious use of marijuana extracts in Iowa

Carl Olsen is the founder of Iowans for Medical Marijuana.

In October, I asked the Polk County District Court to declare religious use as a qualifying condition for participation in the state’s marijuana extract program, Iowa Code Chapter 124E.

On November 23, 2021, the state filed a Motion to Dismiss my Petition for Declaratory Judgment. The state said it had sovereign immunity and cannot be sued.

On November 24, 2021, I filed an application with the Iowa Department of Public Health (IDPH) for access to the program.

The state made three other arguments in its motion to dismiss:

Continue Reading...

The 21 most-viewed Bleeding Heartland posts of 2021

It’s time for another review of Bleeding Heartland’s most widely-read posts from the year that just ended. I always struggle a bit with this task, because the work I’m most proud of doesn’t always overlap with what resonated most with readers. Also, I’m wary of watching traffic numbers too closely, because I try not to let potential clicks drive my editorial decisions.

However, I always gain some insight from this review, so here goes.

This list draws from Google Analytics data about total views for 598 posts this website published during 2021: 362 written by me and 236 by other authors. I left out the site’s front page and the “about” page, where many people landed following online searches.

Continue Reading...

Court ruling good for open records, bad for Kim Reynolds

A Polk County District Court has rejected the state’s motion to dismiss part of Polly Carver-Kimm’s wrongful termination lawsuit against the state of Iowa, Governor Kim Reynolds, her former communications director Pat Garrett, and several senior Iowa Department of Public Health (IDPH) officials.

Carver-Kimm handled press contacts and public records requests for the IDPH for thirteen years before being forced to resign in July 2020. She asserts that she was “stripped of her duties and later terminated after she made repeated efforts to comply with Iowa’s Open Records law (Chapter 22) by producing documents to local and national media regarding the State of Iowa’s response to the ongoing pandemic.”

District Court Judge Lawrence McLellan’s December 22 ruling (enclosed in full below) affirmed the importance of the open records law and rejected the state’s effort to remove Reynolds as a defendant in this case.

Continue Reading...

State appeals ruling on law targeting trans Iowans

The Iowa Department of Human Services (DHS) is appealing a Polk County District Court ruling that found the state law and policy designed to deny Medicaid coverage for gender-affirming surgery are unconstitutional. The state filed notice of its intent to appeal on December 17, near the end of its 30-day window to do so following the District Court’s decision in November.

The Iowa Attorney General’s office had no comment on the appeal. Governor Kim Reynolds’ office also had no comment on why the governor is determined to prevent transgender Iowans on Medicaid from receiving medically necessary care approved by their doctors.

Plaintiffs Aiden Vasquez and Mika Covington have been waiting for years to obtain surgery and first challenged the state law in court within weeks of Reynolds signing the provision into law in May 2019.

Continue Reading...

New task force will review Iowa juvenile justice system

Iowa Supreme Court Chief Justice Susan Christensen is forming a task force to undertake a “holistic and comprehensive” review of the juvenile justice system, Iowa’s Director of Juvenile Court Services Chad Jensen announced on December 14.

Speaking at the annual Summit on Justice and Disparities in Ankeny, Jensen explained that Iowa’s juvenile justice system is decentralized among multiple entities and governmental agencies. Some stakeholders have introduced “courageous initiatives” to improve the system in recent years. “While good intentioned,” he added, those programs and services “do have ramifications throughout the entire system.”

The task force will “review the alignment, governance structure, and the funding of Iowa’s juvenile justice system.” Members will also attempt to identify “decision points” that fuel racial, ethnic, or gender disparities for Iowa youth, and develop proposals to improve those outcomes.

Continue Reading...

Abortion justice is health care justice

Glenn Hurst is a family physician in southwest Iowa and a Democratic candidate for U.S. Senate.

In my very first days of private practice, I met a patient with an aggressive form of breast cancer. She was young, in her 30s. She and her husband had two children under the age of 5 and were doing the same struggling most young middle-class Americans do at that point in life. They worried about bills, insurance, saving for big purchases. They were not likely thinking about retirement, and they had no plans for a medical emergency. Now their family was faced with a medical crisis that no one could have predicted.

I could tell her hands were full as her husband tried to wrangle the kids who were up and down the walls of the exam room as she explained her situation to me.

Continue Reading...

Iowa Supreme Court extends mask mandate for courtrooms

Face masks will continue to be required in all Iowa court-controlled spaces “regardless of a person’s vaccination status,” under an order the Iowa Supreme Court issued on December 6.

Like the mask mandate the high court announced in August, the requirement to wear face coverings in spaces under the judicial branch’s jurisdiction “applies statewide and does not depend on a particular county’s or area’s positivity rate or transmission status.” It does not apply to areas of county courthouses under the control of county governments. (Some boards of supervisors, including those governing Iowa’s largest counties, have approved mask mandates for county buildings and offices.)

It’s been months since Governor Kim Reynolds encouraged, let alone required, Iowans to wear masks in indoor public spaces. Fortunately, the state’s judicial branch is empowered to set its own COVID-19 mitigation policies, and has generally followed scientific consensus about the value of face coverings to reduce transmission. The Delta variant, which has been the dominant coronavirus strain in Iowa for months, spreads easily in close quarters. Legal proceedings often force attorneys, litigants, court employees, and jurors to be in the same room for hours.

The latest order signed by Chief Justice Susan Christensen establishes several other policies and practices to adapt judicial proceedings to the pandemic, informed by recommendations from a court-appointed task force and public comments.

Continue Reading...

State concedes masks needed around some students with disabilities

The Iowa Department of Education has conceded that facial coverings may be required in some school settings to ensure students with disabilities have equal access to educational opportunities.

In a December 1 order distributed to Area Education Agencies, agency officials determined that the federal Individuals with Disabilities Education Act (IDEA) allows schools to make an exception to a state law that generally bans mask mandates, if a student’s Individualized Education Programs (IEP) team finds masking is needed for that child to receive the education federal law guarantees.

However, the department’s order said the IDEA does not require public schools to adopt district-wide mask mandates.

Continue Reading...

Pawn takes queen

Ira Lacher ponders the possible fallout from a U.S. Supreme Court ruling that undermines reproductive rights.

When my wife and I consider a major home project, such as a kitchen or bathroom remodel, we apply the principle I call “pawn takes queen.” As in chess, the idea is to consider several moves ahead so as to anticipate the ramifications. If we knock down a wall to open up the kitchen, where do we put the stove? Will we need to add new gas lines? Where? How much time and disruption will that add? And so on.

America may have to apply that principle if, as widely predicted after oral arguments December 1, the U.S. Supreme Court upholds Mississippi House Bill No. 1510M, which bans nearly all abortions after fifteen weeks of pregnancy.

Continue Reading...

Pro-Ernst group fails to toss lawsuit over undisclosed donors

The public is one step closer to learning who funded a sophisticated messaging and organizational effort to re-elect Senator Joni Ernst in 2020. A federal court on November 19 denied a motion to dismiss a watchdog group’s lawsuit against Iowa Values, which supported Ernst’s re-election in 2020 but did not disclose its fundraising or spending.

The Campaign Legal Center, a nonprofit focused on “advancing democracy through law,” sued Iowa Values in February, after the Federal Election Commission did not act on the center’s complaint against the pro-Ernst group for more than a year.

Judge Royce Lamberth of the U.S. District Court for the District of Columbia comprehensively rejected legal arguments the pro-Ernst group raised in trying to dismiss the lawsuit and return the case to the FEC, which would likely do nothing.

Continue Reading...
Page 1 Page 2 Page 3 Page 4 Page 5 Page 61