# Judiciary



Patty Judge, in new tv ads: "Washington changed Chuck"

Democratic U.S. Senate nominee Patty Judge took the fight to 36-year Senator Chuck Grassley in her campaign’s first two general election television commercials, launched on Tuesday. Both 30-second spots assert that Grassley has “changed” during his long tenure in Washington. One spot features Judge delivering the message alongside a cardboard cutout of the incumbent. A string of “ordinary Iowans” question the cardboard Grassley during the other ad. Scroll down for videos and transcripts.

Grassley hasn’t run any commercials since the two ads his campaign aired before the June primary, which Bleeding Heartland analyzed here and here. I’m surprised he didn’t prepare a spot to run during the Rio Olympics, after reporting more than $1.2 million in contributions during the second quarter and nearly $6 million cash on hand as of June 30. Judge’s campaign raised $347,707 during the second quarter and had only $228,292 cash on hand at the end of June.

Three of the four Iowa polls released this month showed Grassley’s support barely above 50 percent; Judge was running 9 or 10 points behind. The most recent survey, conducted by CBS/YouGov, found Grassley leading Judge by only 45 percent to 38 percent. An incumbent polling below 50 percent traditionally signals an opening for the challenger.

But contrary to KCRG’s misleading headline and write-up, a 45-38 lead is not a “statistical tie.” The margin of error of plus or minus 4 percent in CBS/YouGov’s poll means that assuming professional sampling methods, there’s a 95 percent chance that Grassley’s support is between 41 and 49 percent, and that Judge’s support is between 34 and 42 percent. In other words, Grassley is extremely likely to be ahead if CBS/YouGov’s respondents are representative of the likely voter universe. He’s just not dominating the race by the kind of margins he’s enjoyed over previous Democratic opponents.

Over the weekend, the Des Moines Register’s Jason Noble reviewed data from earlier re-election campaigns pointing to Grassley’s strong performance among no-party voters, as well as his “crossover appeal” for thousands of Iowa Democrats.

Continue Reading...

Quinnipiac adds to remarkable polling consensus on IA-Sen race

Today Quinnipiac supplemented its latest poll on the presidential race in Iowa with findings about Senator Chuck Grassley’s campaign against Democratic challenger Patty Judge. Key graphs from the polling memo:

Quinnipiac IA-Sen photo Screen Shot 2016-08-18 at 3.39.14 PM_zpsdvw0h0a4.png

The 51 percent to 42 percent lead for Grassley is remarkably close to the 52-42 gap in last week’s polls by Suffolk University and Marist for NBC and the Wall Street Journal.

I infer that polls from earlier this summer, showing Grassley below 50 percent and leading Judge by just 7 points, slightly understated his lead. One of those polls looked like a outlier in general. Two of the surveys were conducted by Public Policy Polling, which did some work for the Judge campaign before the Democratic primary.

That’s not to say that Judge can’t make this election more competitive–only that she can’t wait around for the race to fall into her lap. She’s losing men by a lot and isn’t making up for it among women voters. She hasn’t held many public events this summer and needs to campaign more aggressively over the next two and a half months. In addition to improving her name ID, Judge has to give Iowa voters a reason to fire Grassley after so many years of public service. The obvious issue, the one she has vowed to hammer home since the day she announced her campaign, is the Senate Judiciary Committee chair’s refusal to hold confirmation hearings for Judge Merrick Garland. Iowans don’t support Grassley’s stance on the U.S. Supreme Court vacancy, but it will take more work to convince enough of them to send the senator into retirement for that reason.

The Democratic Senatorial Campaign Committee put their thumb on the scale for Judge before the Democratic primary, but national strategists have quite a few more promising pickup opportunities than Iowa at present. The DSCC won’t come in with big money here unless the polling starts to show Grassley more vulnerable than he now appears.

Using a flag to express a political view is protected speech

A Calhoun County judge has dismissed a short-lived criminal case that never should have been filed. Homer Martz was arrested last week and charged under Iowa’s flag desecration statute, because he “flew a U.S. flag upside down under a Chinese flag.” An upside-down flag is a widely recognized distress signal. Martz was protesting the Dakota Access (Bakken) pipeline, which will run near his Calhoun County home.

Trouble is, U.S. District Court Judge Robert Pratt ruled in December 2014, “Conduct involving the American flag has long been recognized by the United States Supreme Court as expressive communication that falls within the protection of the First Amendment.” Click here for the full opinion in that case, brought by the American Civil Liberties Union of Iowa on behalf of Westboro Baptist Church members who had dragged the flag on the ground while trying to disrupt military funerals.

Word of that court decision didn’t reach law enforcement in Calhoun County. David Pitt reported for the Associated Press on August 15,

Calhoun County Attorney Tina Meth Farrington filed a motion to dismiss the charges Monday, saying that she read the 2014 federal ruling and concluded she shouldn’t pursue the charge.

“The Legislature should take immediate action to repeal this law so that other citizens and law enforcement are not caught in this type of situation again,” she said.

A judge approved the motion Monday afternoon.

Calhoun County Sheriff William Davis said at the time Martz was arrested, he and the two arresting officers were unaware the law had been struck down.

When I was growing up, flag protection laws and constitutional amendments were a salient topic, as Republicans exploited a tiny number of flag-burners on the left in search of a wedge to use against Democrats. In recent years, some conservatives have displayed upside-down flags to protest President Barack Obama or his policies. On a busy corner in Windsor Heights, an upside-down flag flew for several weeks in late 2014, presumably to communicate the homeowner’s view of the president’s executive orders on immigration policy.

We can debate whether an unconventional flag display is an effective tool for political persuasion. But no matter how deeply offensive the message may be to some Americans, there is no legal recourse against those who use or abuse a flag to make their point.

Continue Reading...

The Cady Court: Same As It Ever Was?

First-person accounts of politically-oriented events are always welcome here. Thanks to IowaBadger for this perspective. -promoted by desmoinesdem

Chief Justice Mark Cady’s leadership of the Iowa Supreme Court has been bookended by two major cases. First came his unanimous majority opinion in the Varnum v. Brien decision recognizing marriage equality under the Iowa Constitution, resulting in the defeat of then Chief Justice Marsha Ternus (and two other justices) in the 2010 retention election, and Cady’s elevation to Chief Justice. Then, several weeks ago, was his 4-3 majority opinion in Griffin v. Pate, deciding that the Iowa Constitution’s prohibition against voting by anyone who has committed an “infamous crime” bars anyone with a felony conviction from voting, absent a restoration of voting rights from the governor.

Yesterday, the Des Moines Register held an event entitled “The Cady Court At Five,” which gave five panelists the opportunity to talk about both cases, and how the court has gotten from one to the other. Anyone hoping for post July 4th fireworks would have been disappointed, and anyone hoping for definitive answers will have to heed desmoinesdem’s post from yesterday recognizing that we will only understand Justice Cady’s rationale for his vote in Griffin and its seeming inconsistency with his previous opinion in Chiodo v. Panel when he’s interviewed about it years down the road. But for those of us who follow the Iowa Supreme Court closely, we did gain some insight into the Chief Justice’s thinking and what that might mean for future decisions.

Continue Reading...

Why did Chief Justice Cady change his mind about felon voting rights?

I don’t usually write posts like this one.

Check that: I don’t think I’ve ever written a post like this one.

I’m making an exception because the question has been nagging at me since the Iowa Supreme Court announced its 4-3 decision in Griffin v Pate two weeks ago today, and because a number of people who share my interest in felon voting rights have asked for my opinion.

Only Chief Justice Mark Cady knows the answer, and we won’t hear his side of the story until he writes his memoirs or speaks to some interviewer in retirement.

So with no claim to telepathic powers and full awareness that my analysis may therefore be flawed, I will do my best to understand why the author of the 2014 opinion that inspired Kelli Jo Griffin’s lawsuit ultimately decided our state constitution “permits persons convicted of a felony to be disqualified from voting in Iowa until pardoned or otherwise restored to the rights of citizenship.”

Continue Reading...

Divided Iowa Supreme Court upholds felon voting ban; key points and political reaction

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

Continue Reading...

PPP poll finds Grassley leading Judge by 7, Clinton ahead of Trump by 2

Today Public Policy Polling released results from six news polls of battleground states, conducted on behalf of Americans United for Change and the Constitutional Responsibility Project. The full results from the Iowa survey are here (pdf). Key findings: only 43 percent of respondents approve of Senator Chuck Grassley’s job performance, while 40 percent disapprove and the rest are unsure. If Iowa’s U.S. Senate election were held today, 46 percent of respondents would vote for Grassley, 39 percent for Democrat Patty Judge, and 14 percent would be undecided. In the presidential race, 41 percent of respondents support Hillary Clinton, 39 percent Donald Trump. After the jump I’ve enclosed highlights from Tom Jensen’s polling memo.

Another PPP poll taken earlier this month also found Grassley below 50 percent and only seven points ahead of Judge. No public poll released in 2010 ever found the senator so narrowly leading his Democratic challenger Roxanne Conlin. Republicans are likely to discount today’s survey, because it was commissioned by progressive advocacy groups. I am reserving judgment until I see other pollsters test these Iowa races. That said, the PPP questionnaire showed no sign of “priming” voters to evaluate Grassley or Trump on any particular issue. Respondents were asked about job approval and candidate preferences before answering questions related to the U.S. Supreme Court vacancy. By the way, 64 percent of respondents support Senate hearings for Judge Merrick Garland, and only 35 percent trust Donald Trump to pick a Supreme Court justice.

PPP surveyed 897 registered Iowa voters on June 22 and 23, producing a margin of error of plus or minus 3.3 percent.

UPDATE: Added below Judge’s letter to Grassley, asking for four televised debates and one radio debate.

Continue Reading...

Iowa reaction to landmark U.S. Supreme Court ruling on abortion

In what has been called the most important abortion rights case for many years, the U.S. Supreme Court today struck down a 2013 Texas law that had forced more than 20 abortion clinics to close. Writing for the 5-3 majority in Whole Woman’s Health v. Hellerstedt, Justice Stephen Breyer determined, “Both the admitting-privileges and the surgical-center requirements place a substantial obstacle in the path of women seeking a previability abortion, constitute an undue burden on abortion access, and thus violate the Constitution.”

Justices Anthony Kennedy, Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg joined Breyer’s opinion. A succinct concurrence by Ginsburg noted, “Many medical procedures, including childbirth, are far more dangerous to patients, yet are not subject to ambulatory-surgical-center or hospital admitting-privileges requirements. […] Given those realities, it is beyond rational belief that [Texas law] H.B. 2 could genuinely protect the health of women, and certain that the law “would simply make it more difficult for them to obtain abortions.”

As Alexa Ura explained at Texas Tribune, today’s decision will not automatically reopen the shuttered Texas clinics. But it could lead to similar laws being struck down in 23 other states, shown on maps in this post by Sarah Kliff and Sarah Frostenson.

Iowa law does not place such restrictions on abortion providers, nor have they been the focus of recent legislative efforts by anti-abortion state lawmakers. But today’s U.S. Supreme Court decision reminded me of the unanimous Iowa Supreme Court ruling from June 2015, which used the same reasoning to reject a state ban on the use of telemedicine for abortion. Just as Iowa Supreme Court justices found no evidence suggesting that women’s health or safety would benefit from being in the same room as a doctor when taking a medication, Breyer’s opinion found nothing in the record supported the claim that the Texas regulations advanced the state’s “legitimate interest in protecting women’s health”; on the contrary, “neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes.”

I sought comment today from Governor Terry Branstad and all members of Iowa’s Congressional delegation, as well as the challengers who had not already released statements on the ruling. I will continue to update this post as needed.

Continue Reading...

More hidden costs of Iowa's generous business tax breaks

The excellent lead editorial in today’s Des Moines Register reminded me of a topic I didn’t manage to cover during the run-up to last week’s primary: the coming belt-tightening in Iowa’s judicial branch, which will affect thousands of Iowans who use the court system.

As with the under-funding of K-12 schools and higher education, the “crisis” in the judiciary is happening because state legislators and Governor Terry Branstad keep approving and extending unaffordable business tax breaks.

Continue Reading...

Weekend open thread: Trade-offs

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

Prestage Farms didn’t get the incentives package it wanted from Mason City, but the company is actively seeking other communities in Iowa willing to offer tax breaks in exchange for a $240 million pork processing plant. Unfortunately, the construction of that and other proposed new plants “could push some older plants in Iowa and Nebraska to close,” Donnelle Eller reported for the Des Moines Register on Friday. I assume Governor Terry Branstad’s administration will count the jobs created in the new facilities but not the jobs lost if and when plants close if Perry (Dallas County), Columbus Junction (Louisa County), and Denison (Crawford County).

According to a new report by the Brennan Center for Justice, white males comprise about 37.5 percent of the U.S. population but 66 percent of appellate state court judges. Currently five men (four white, one Asian-American) and four women (three white, one Asian-American) serve on the Iowa Court of Appeals. All seven Iowa Supreme Court justices have been white men since 2011. No non-white judges have ever served on our state’s high court, and only two women have done so. Governor Terry Branstad appointed Linda Neuman to the Supreme Court in 1986; she served until her retirement in 2003. Branstad appointed Marsha Ternus in 1993; she became chief justice in 2006, an office she held until Iowans voted against retaining her and two other justices in 2010.

Following those retention elections, the State Judicial Nominating Commission recommended nine candidates to fill the three Supreme Court vacancies. Twelve women were among the 60 candidates who applied to serve, but only one woman ended up on the short list: a University of Iowa professor whom Branstad would never appoint. I suspect some commissioners passed over several women with strong qualifications, hoping to make Branstad look bad by picking an all-male trio of justices.

Diversity improves the judiciary, so in theory, I would like to see more gender and racial balance on the Iowa Supreme Court. Thinking pragmatically, I am in no hurry to give the governor another high court vacancy to fill, especially now that he has appointed a bunch of conservatives to the State Judicial Nominating Commission, which reduces the applicant pool to a few finalists. Some important cases in recent years have led to 4-3 split decisions. On several occasions–relating to open meetings law, solar power project financing, a key administrative rule on water quality, and multiple cases about juvenile sentencing–the three dissenters were Branstad’s 2011 nominees. Three justices are up for retention this November. They won’t be ousted because of the 2009 Varnum v. Brien case, because LGBT marriage equality is now settled law. However, I’m concerned anti-retention forces could exploit a backlash against a possible divided court ruling to expand felon voting rights. The Supreme Court is expected to announce a decision in the Griffin v. Pate case on felon disenfranchisement later this month.

Speaking of white male judges, mass outrage over the light sentence given to convicted rapist Brock Turner seems to have been the talk of everyone’s town this past week. The victim’s powerful impact statement, Vice President Joe Biden’s open letter to the victim, and many other reactions to the case have gone viral.

On the plus side, the Brock Turner case has raised awareness about rape culture, victim-blaming, and judges empathizing with wealthy white male defendants. One of the best commentaries I’ve read on the sentencing was by California defense attorney Ken White. He explained why Turner is the “sort of defendant who is spared ‘severe impact.’”

But some sexual assault survivors have found it overwhelming to see reminders of their worst experiences all over their social media feeds, day after day. The letter from the rapist’s father may have struck a sympathetic chord with the sentencing judge but was painful for many women to read. (One friend: you can tell that guy’s never been on the receiving end of “20 minutes of action.”) If news about the Stanford rape case is triggering traumatic memories for you, Peter Levine’s work on healing trauma may be helpful.

Continue Reading...

How much lower can Donald Trump go?

Though presumptive Republican presidential nominee Donald Trump says something outrageous on almost a daily basis, I can’t get over his incredibly offensive comments this week about U.S. District Court Judge Gonzalo Curiel. On Thursday he said out loud that a judge should not hear the case involving alleged fraud by one of his companies, because Curiel’s “Mexican heritage” creates “an absolute conflict.”

Trump doubled down in an interview with CNN’s Jake Tapper yesterday. Media Matters posted the partial transcript, and I’ve enclosed excerpts below. Trump repeatedly asserted he has been “treated very unfairly” by Judge Curiel, because “I’m building a wall” along the Mexican border. He called Curiel “Mexican” even though the judge is a native-born U.S. citizen and repeatedly said the judge is “proud of his heritage,” as if that should be disqualifying. He also claimed the case involving Trump University should have been over two years ago–but if that’s the case, what does the wall have to do with it? Trump only started talking about the border wall last year, as a presidential candidate.

I’ve never heard Republican strategist Ana Navarro sound as angry as she did while talking about these comments on CNN yesterday. Her kicker: “what he is doing is disgusting. I am livid about it, and if this is his strategy to win over Hispanics, he’s got a hell of a wake-up call coming to him come November.”

In early 2013, the Republican National Committee published its Growth & Opportunity Project, better known as the so-called “autopsy” on Mitt Romney’s failed 2012 presidential campaign. A key point in that document concerned the need for Republicans to do a better job appealing to Latino voters. It’s hard to conceive of a candidate more alienating to that demographic than Trump. This week, Jonathan Martin and Alexander Burns reported for the New York Times that Ruth Guerra is resigning as head of the RNC’s Hispanic media relations because she did not want to work for Trump. Adrian Carrasquillo reported for Buzzfeed that Guerra’s replacement Helen Aguirre Ferré has been “very critical of Trump in a multitude of Spanish-language interviews” and wrote in now-deleted Tweets that she was #NeverTrump.

Every Iowa Republican who has promised to support Trump should be held accountable for the GOP standard-bearer’s bigoted view of a federal judge. Let’s start with Senator Chuck Grassley, who is preventing President Barack Obama from filling a U.S. Supreme Court vacancy in the hope that Trump will be able to name Justice Antonin Scalia’s successor. Does Grassley think whole ethnic groups should be disqualified from hearing certain kinds of cases?

UPDATE: Several prominent Republicans have condemned Trump’s remarks about Curiel, Dan Balz reported for the Washington Post. One of them was Newt Gingrich: “I don’t know what Trump’s reasoning was, and I don’t care, […] His description of the judge in terms of his parentage is completely unacceptable.” Maybe a Trump/Newt ticket isn’t the perfect match I thought it would be. LATER UPDATE: On June 6 Trump said on Fox News, “as far as Newt is concerned, I saw Newt, I was surprised at Newt, I thought it was inappropriate what he said.”

SECOND UPDATE: Grassley didn’t condemn Trump’s remarks during his meetings in meetings in three towns on June 3 as part of his 99-county tour. Asked to comment by Pat Rynard, Grassley said, “It would help him very much to be elected President of the U.S. if he would be a little more mild in his demeanor.” In other words, the chair of the Senate Judiciary Committee has nothing to say about the substance of Trump’s beliefs about a federal judge’s ethnicity as disqualifying. But Grassley wishes Trump would display a different “demeanor” to improve his chances of winning the November election. Weak.

At Grassley’s Humboldt even, he dodged a question from someone else about Trump’s comments: “And the other point your brought up about what he says about a judge, I’ve already answered that–there’s a process for anybody that doesn’t like the judge you have, you think that judge isn’t going to be fair, you can file a petition. And if you file a petition that a judge should get out, and that judge says you shouldn’t get out, then you’ve got a right to appeal that to a higher court and get fair judgment that way.” Again, he did not address the central issue: the Republican candidate believes a judge whose parents came to this country from Mexico cannot be impartial.

Meanwhile, Trump refused to back down during a June 5 appearance on the CBS show “Face the Nation.” Now he says it’s “common sense” that being “proud of his heritage” is why Judge Curiel “not treating me fairly.” Furthermore, Trump told John Dickerson, it’s “possible” that a Muslim judge also would not be able to treat him fairly in court.

THIRD UPDATE: Added below some of Governor Terry Branstad’s outrageous comments on the story.

FOURTH UPDATE: Grassley spoke further about the subject to Roll Call’s Bridget Bowman. Excerpts are below.

Continue Reading...

Lawsuit claims secret Harreld meetings violated Iowa law

A retired University of Iowa employee has filed suit to nullify last year’s hiring of University President Bruce Harreld, on the grounds that five members of the Iowa Board of Regents violated the state’s open meetings law, Ryan Foley reported yesterday for the Associated Press.

I enclose below more background on the case as well as the full text of the plaintiff’s court filing.

Continue Reading...

More lawsuits challenge eminent domain for Bakken pipeline

Owners of two farms in Cherokee County filed lawsuits on May 20 seeking to block the Texas-based oil company Energy Transfer Partners from seizing their land for the Dakota Access (Bakken) pipeline, William Petroski reported for the Des Moines Register. I enclose excerpts from his story below.

Like a separate lawsuit filed in Polk County last month, these legal claims are based on a 2006 Iowa law, which was designed to protect farmland from being condemned for private development. The plaintiffs argue the Iowa Utilities Board erred when it authorized a private company that is not a utility to use eminent domain.

Regardless of how district courts decide these claims, the Iowa Supreme Court will likely be the final voice on whether state law allows the use of eminent domain for this project.

Dakota Access started Bakken pipeline construction in North Dakota, South Dakota, and Illinois this week, but the Iowa Utilities Board denied the company’s request to start building here. O.Kay Henderson reported for Radio Iowa that the board’s legal counsel noted the oil company “has not filed all the necessary permits and associated verifications to begin construction.” Although the board approved the permit to build the Bakken pipeline in March, as did the Iowa Department of Natural Resources, the Army Corps of Engineers has not yet approved permits for portions of the pipeline that would cross federal land.

Brian Morelli and Rod Boshart reported for the Cedar Rapids Gazette on the Private Property Rights Coalition’s work to educate landowners along the pipeline route about the eminent domain process and “legal options if they refuse to voluntarily sign easement agreements with the oil company.” One of that group’s leaders is Keith Puntenney, who has not signed an easement for his farmland in Boone and Webster counties. Puntenney is also the Democratic challenger to State Senator Jerry Behn in Iowa Senate district 24.

More resources for landowners and citizens who oppose the pipeline project are available on the website of the Bakken Pipeline Resistance Coalition, uniting more than two dozen Iowa non-profit organizations. I expect Bakken opponents to make their presence known when U.S. Senator Heidi Heitkamp of North Dakota comes to Des Moines as the featured guest for the Iowa Democratic Party’s Hall of Fame event next month.

Continue Reading...

Steve King explains what he needs to hear before endorsing Donald Trump

Representative Steve King is “not ready” to endorse Donald Trump for president yet, he told CNN’s Wolf Blitzer on May 17. The seven-term Republican who represents Iowa’s fourth district was Senator Ted Cruz’s top surrogate here before the Iowa caucuses. Speaking to the Des Moines Register earlier this month, King indicated that he would be inclined to support Trump if the billionaire becomes the Republican presidential nominee in July. At that time, King said, “I’m keeping my powder dry and I want to see what Donald Trump has to say. This is a difficult thing for a lot of people to swallow, but I don’t want to encourage them to jump on the Never Trump bandwagon and I don’t want to encourage an alternative candidate.”

During yesterday’s CNN interview, King spelled out more clearly what needs to happen for him to endorse Trump’s candidacy.

Continue Reading...

Was "streamlined" voting rights process designed for felons or Iowa Supreme Court justices?

Last week, Governor Terry Branstad’s office rolled out a new “streamlined application form for those seeking a restoration of their voting rights,” so that “Iowa’s already simple voting rights restoration process will become even more efficient and convenient.”

“Simple,” “efficient,” and “convenient” wouldn’t be my choice of words to describe a process used successfully by less than two-tenths of 1 percent of affected Iowans since Branstad ended the automatic restoration of voting rights for felons five years ago. The governor’s first stab at simplifying the system in December 2012 did not significantly increase the number of Iowans applying to get their rights back. Three years after that change, fewer than 100 individuals out of roughly 57,000 who had completed felony sentences since January 2011 had regained the right to vote.

The new double-plus-streamlined process seems unlikely to produce a large wave of enfranchised Iowans, because it leaves intact major barriers.

The latest announcement looks like an attempt to convince Iowa Supreme Court justices that they need not intervene to give tens of thousands of felons any realistic hope of exercising a fundamental constitutional right again.

Continue Reading...

Why is Iowa's secretary of state playing politics with felon voting case?

Iowa Secretary of State Paul Pate is a defendant in Kelli Jo Griffin’s lawsuit claiming Iowa violates her constitutional rights by disenfranchising all felons. The Iowa Supreme Court heard oral arguments in the case on March 30. Justices are expected to decide by the end of June whether to uphold the current system or declare that Iowa’s constitutional provision on “infamous crimes” should not apply to all felonies.

Defendants typically refrain from commenting on pending litigation, but during the past three weeks, Pate has carried out an extraordinary public effort to discredit the plaintiffs in the voting rights case. In his official capacity, he has addressed a large radio audience and authored an op-ed column run by many Iowa newspapers.

Pate amped up his attack on “the other side” in speeches at three of the four Iowa GOP district conventions on April 9. After misrepresenting the goals of Griffin’s allies and distorting how a ruling for the plaintiff could alter Iowa’s electorate, the secretary of state asked hundreds of Republican activists for their help in fighting against those consequences.

At a minimum, the secretary of state has used this lawsuit to boost his own standing. Even worse, his words could be aimed at intimidating the “unelected judges” who have yet to rule on the case. Regardless of Pate’s motives, his efforts to politicize a pending Supreme Court decision are disturbing.

Continue Reading...

Grassley/Garland chapter two

Grassley has long used the idea that the U.S. Court of Appeals for the D.C. Circuit doesn’t need more judges as an pretext for not confirming Democratic presidents’ nominees to the “second-most-powerful court” in the country.. -promoted by desmoinesdem

jiu jitsu politics 101

I know we’re all getting upset over the stalled Supreme Court nomination of Merrick Garland. President Obama is trying to get things done and the Republican’ts won’t let him. It’s unconscionable, it’s unAmerican and pretty damn unctuous.

But consider this… Why would BO pick this (conservative but) consistently fair guy to the court knowing that the petulant children on the Hill will sooner pass a kidney stone than confirm his pick for anything other than…well, anything?

I didn’t understand until I read this piece from Reuters that reminded us Garland and Grassley have some ‘history’ I hadn’t seen before.

Continue Reading...

One Iowa House Republican's strange and lonely battle against marriage equality

Seven years have passed since the Iowa Supreme Court struck down our state’s Defense of Marriage Act. The Republican-controlled Iowa House failed to approve a constitutional amendment to overturn that court ruling more than three years ago. Fewer than a quarter of GOP state representatives were willing to co-sponsor the marriage amendment in 2015. Even if Iowa lawmakers tried to turn back the clock on marriage equality, the effort would be futile, since the U.S. Supreme Court ruled last year that all states must recognize marriages between same-sex couples.

Nevertheless, one Iowa House Republican won’t let this fight go. Today he seized on an unusual and futile way to register his discontent with the Iowa Supreme Court’s Varnum v Brien decision.

Continue Reading...

Landowners challenge use of eminent domain for Bakken pipeline

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

The Iowa Utilities Board issued a permit for the Dakota Access (Bakken) pipeline on April 8, after declaring that Dakota Access LLC “has substantially complied with the requirements” of the board’s March 10 order. The same day, a group of agricultural landowners filed a lawsuit challenging the board’s use of eminent domain for the pipeline, intended to carry oil roughly 400 miles across eighteen counties from northwest to southeast Iowa. Litigation grounded in environmental concerns about the pipeline is expected later this year.

Follow me after the jump for more details on the land use lawsuit and ongoing efforts to block the pipeline at the federal level.

Continue Reading...

IA-Sen: Judge playing down, Hogg playing up differences on water quality

Photo of Iowa stream courtesy of InIowaWater.org, a project of the Environmental Law & Policy Center

By entering the U.S. Senate race, former Lieutenant Governor Patty Judge ensured that environmental issues would become salient for many Iowa Democrats trying to choose among the four candidates running against Senator Chuck Grassley.

During the past two weeks, Judge has sought to minimize the daylight between herself and State Senator Rob Hogg on the need to address water pollution. But Hogg, widely considered Judge’s leading rival for the nomination, has made environmental concerns a big part of his pitch to Democrats.

Continue Reading...

Grassley digs in on Supreme Court vacancy, denounces "pressure" campaign

Senator Chuck Grassley faced more critics than usual at his home-state public events during a two-week Congressional recess, and major Iowa newspapers continue to weigh in against the Senate Judiciary Committee chair’s determination not to give Judge Merrick Garland any confirmation hearings.

But in a 20-minute speech on the Senate floor yesterday, Grassley defended the Republicans’ determination to let the “American people weigh in on this important matter,” adding that “I am no stranger to political pressure and to strong-arm tactics.” The same day, Grassley told Senate Judiciary Committee colleagues he came away from his meetings in Iowa “feeling positive about the position we had taken,” saying “the recess reinforced my thinking” about the Supreme Court vacancy.

Meanwhile, earlier this week Iowa’s senior senator took the extraordinary step of attacking Supreme Court Chief Justice John Roberts. One legal commentator called that speech “close to breathtaking in its intemperate incoherence.”

Continue Reading...

Throwback Thursday: When state lawmakers chose not to change "infamous crime" to "felony" in the Iowa Constitution

A 2008 amendment to the Iowa Constitution became a matter of debate in Griffin v Pate, the major voting rights case before the Iowa Supreme Court. The amendment changed Article II, Section 5, which as adopted in 1857 read, “No idiot, or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.” The same section now reads, “A person adjudged mentally incompetent to vote or a person convicted of any infamous crime shall not be entitled to the privilege of an elector.”

Two of the seven Supreme Court justices have previously held that when approving the 2008 constitutional amendment, the legislature “ratified its own existing interpretation of that provision under which infamous crime meant a felony.” In its brief for the Iowa Supreme Court on behalf of defendants in Griffin, the Iowa Attorney General’s Office carried forward that claim: “By failing to alter the Infamous Crime Clause when other portions of Article II, section 5 were amended, the Legislature and the public ratified the definition of infamous crime as all felonies under state and federal law.” During the March 30 Supreme Court hearing on Griffin v. Pate, Solicitor General Jeffrey Thompson likewise argued “the simple answer here” is the 2008 constitutional amendment was “passed twice by the General Assembly, adopted by the people of Iowa, in the context of a legal system and historical cases and practices that said felonies are the line.”

My curiosity piqued, I decided to look into the legislative intent behind the 2008 constitutional amendment. What I found does not support the view that Iowa lawmakers envisioned “infamous crime” as synonymous with “felony” or intended to ratify such an interpretation when voting to remove offensive language from the state constitution.

Continue Reading...

Seven thoughts about the oral arguments in Iowa's major voting rights case

On March 30 the Iowa Supreme Court heard oral arguments in Griffin v. Pate, Iowa’s most important voting rights case in many years. The court had scheduled an hour for the hearing, twice as long as for most cases. Several of the attorneys went over the allotted time, as justices interrupted frequently with questions. You can watch the entire proceeding here, and it’s well worth an hour and eighteen minutes of your time. For summaries of the key points raised, read reports by Ryan Foley for the Associated Press or Grant Rodgers for the Des Moines Register. Radio Iowa’s Dar Danielson, Iowa Public Radio’s Sarah Boden, and Des Moines Register columnist Kathie Obradovich provided shorter takes.

I’m on record predicting at least four Iowa Supreme Court justices will determine that not all felonies rise to the level of “infamous crimes.” That outcome would allow Kelli Jo Griffin and thousands of other Iowans to vote after completing their prison sentences or terms of probation or parole.

After what I heard Wednesday and watching the hearing again on YouTube, my gut feeling hasn’t changed, though I wouldn’t be shocked to see the majority go the other way. Almost certainly the decision will not be unanimous. Any comments about the Griffin case or felon disenfranchisement generally are welcome in this thread. I enclose below some of my takeaways from the oral arguments.

Continue Reading...

Iowa county governments: Don't inconvenience us by protecting fundamental constitutional rights

The Iowa State Association of Counties has asked the Iowa Supreme Court to keep tens of thousands of citizens permanently disenfranchised so county auditors will have “a definition of infamous crime that can be easily discerned and quickly applied” as they administer elections.

In addition, the association representing county officials suggests auditors will be unable to provide “the orderly conduct of elections” if the high court does not abandon efforts to distinguish certain felonies from the “infamous crimes” that disqualify Iowans from voting under our state’s constitution.

The disturbing attempt by county governments to place administrative convenience above a fundamental constitutional right came in a “friend of the court” (amicus curiae) brief filed in connection with a case the Iowa Supreme Court will consider this week. Yet Polk County Auditor Jamie Fitzgerald, the chief elections officer in Iowa’s largest county, maintains that a new standard allowing some felons to vote would not be “an administrative burden any more than the myriad other provisions that county auditors and poll-workers must contend with.”

Continue Reading...

First thoughts on Obama nominating Merrick Garland for the Supreme Court

President Barack Obama decided to nominate Judge Merrick Garland of the DC Circuit Court of Appeals for the U.S. Supreme Court vacancy. Of the six judges most often named as possible nominees, Garland was my least favorite. He’s a 60-something white guy with a lot of conservative fans whose record shows a slant toward law enforcement and against criminal defendants. We can do better.

I’ve heard speculation that the president didn’t want to “waste” a good nominee this year, knowing the Republican-controlled Senate will likely not confirm his choice. This way, all of the more appealing choices will be fresh faces for Hillary Clinton to choose from next year, if she is elected president.

My immediate concern is that GOP senators will wake up in the fall and realize that 1) Donald Trump cannot win the presidency, and 2) weakness at the top of the ticket may take down their Senate majority, so 3) they better hurry up and confirm Garland before Clinton has a chance to pick a more liberal judge.

Iowa’s Senator Chuck Grassley was one of the 23 Republicans who voted against confirming Garland in 1997, not because of Garland’s qualifications, but because in his view, “the evidence does not support filling the [appeals court] vacancy at a cost to taxpayers of $1 million a year.”

I will update this post with more reaction after Obama’s announcement. UPDATE: Further news is after the jump.

Continue Reading...

Conservative group smearing Judge Jane Kelly in tv ad

Whether Eighth Circuit Appeals Court Judge Jane Kelly is still on President Barack Obama’s short list for the U.S. Supreme Court vacancy is an open question. Multiple news organizations confirmed that she was under consideration for the appointment, and she remains a leading contender according to analysts like SCOTUSblog’s Tom Goldstein. Julia Edwards and Jeff Mason reported for Reuters over the weekend that the “White House has narrowed its search for a U.S. Supreme Court nominee to three federal appeals court judges, Sri Srinivasan, Merrick Garland and Paul Watford.” (This piece by Dylan Matthews contains short backgrounders on each of those judges.)

The conservative Judicial Crisis Network is taking no chances. They announced Friday a “a six-figure television and digital advertising campaign in several states exposing potential Supreme Court nominee, U.S. Circuit Court Judge Jane Kelly, as a liberal extremist.” I enclose below the video, transcript, and analysis of the 30-second commercial, which is running in Iowa because our senior Senator Chuck Grassley chairs the Senate Judiciary Committee. Part of the $250,000 ad buy also went toward airing the spot “during Sunday morning public affairs shows in Colorado, Indiana, North Dakota, Washington D.C. and West Virginia,” hoping to put pressure on potentially vulnerable Democratic senators.

Continue Reading...

Obama considering Supreme Court nomination that would put Grassley on the spot

“The Federal Bureau of Investigation has been conducting background interviews” on Eighth Circuit Court of Appeals Judge Jane Kelly, Julie Hirschfeld Davis reported today for the New York Times. Assuming that news is accurate, Judge Kelly is on President Barack Obama’s list of possible nominees to the U.S. Supreme Court. Within hours of Justice Antonin Scalia’s death last month, many court-watchers speculated that Kelly could be named to replace him. After spending most of her career as a federal public defender, she won unanimous confirmation to the Eighth Circuit Court of Appeals in 2013 with strong support from Iowa’s senior Senator Chuck Grassley.

As Senate Judiciary Committee chair, Grassley has the power to schedule hearings and votes on any judicial nominee. He has promised not to give Obama’s choice any hearing in the Senate. Denying a Supreme Court nominee any consideration for a full year is without precedent in U.S. history. Yet Grassley and Senate Majority Leader Mitch McConnell stuck to that stance yesterday during a White House meeting with the president and Vice President Joe Biden. I enclose below Grassley’s official comment on that meeting, a guest column the senator’s office submitted to Iowa media outlets late last week, and Grassley’s Senate floor speech from April 2013, urging colleagues to confirm Kelly.

Already, Democrats are bombarding Grassley and other GOP senators with calls to “do your job.” Nominating Kelly for the Supreme Court vacancy would put Grassley in a particularly awkward position, forcing him to explain over and over why he refuses to give a well-regarded, highly-qualified Iowa judge even the courtesy of a Senate hearing, let alone a floor vote.

UPDATE: According to appellate attorney Steve Klepper, Kelly set the record for fastest Senate approval of an Obama appeals court nominee: 83 days from nomination to confirmation.

SECOND UPDATE: The Cedar Rapids Gazette reported, “Grassley said Wednesday [March 2] that news the White House had ordered checks on Judge Jane Kelly of Cedar Rapids as a possible Supreme Court nominee wouldn’t neutralize his stance against any choice of President Barack Obama.” The same article quoted from a statement the senator released last month, noting that “It’s not an issue of any particular candidate. […] If a Democrat wins the White House, I’m sure Jane Kelly would be on any Democrat’s short list of candidates.”

Continue Reading...

IA-Sen: Patty Judge thinking about challenging Chuck Grassley

The Des Moines Register’s Jason Noble snagged a surprising scoop yesterday: former Lieutenant Governor and Iowa Secretary of Agriculture Patty Judge is considering running for the U.S. Senate this year. Referring to Grassley’s approach to the U.S. Supreme Court vacancy, Judge told Noble,

“Iowans have always been straight shooters, and up until the recent time I would have said the same thing about Chuck,” Judge said. […]

“I don’t like this double-speak,” Judge said. “I don’t like this deliberate obstruction of the process. I think Chuck Grassley owes us better. He’s been with us a long time. Maybe he’s been with us too long.”

To qualify for the Democratic primary ballot, Judge would need to submit nominating papers with the Secretary of State’s Office by March 18, three weeks from today. That doesn’t leave much time to collect at least 2,104 signatures, including minimum amounts in at least ten Iowa counties. But Judge could pull together a campaign quickly, having won three statewide elections–for secretary of agriculture in 1998 and 2002 and on the ticket with Chet Culver in 2006.

Three other Democrats are seeking the nomination to run against Grassley: State Senator Rob Hogg, former State Senator Tom Fiegen, and former State Representative Bob Krause. Former State Representative Ray Zirkelbach launched a U.S. Senate campaign in November but ended his campaign last month, Zirkelbach confirmed by phone this morning.

Dozens of Democratic state lawmakers endorsed Hogg in January. I enclose the full list below. Any comments about the Senate race are welcome in this thread.

UPDATE: Rebecca Tuetken notes, “Patty Judge does meet one apparent Iowa requirement: she told @SenatorHarkin ’08 steak fry that she can castrate a calf.” Truly a classic moment for Judge, when Joni Ernst was still the little-known Montgomery County auditor.

Continue Reading...

Thoughts on the political fallout from Grassley's obstruction of a Supreme Court nominee

The death of Supreme Court Justice Antonin Scalia has put a spotlight on Iowa’s senior Senator Chuck Grassley, who chairs the Senate Judiciary Committee. After wavering last week on whether he would be willing to hold hearings on President Barack Obama’s choice to replace Scalia, on Tuesday Grassley joined all other Republicans on the committee to vow that no Supreme Court nominee will get any consideration this year. Not only that, Senate Republican leaders will refuse to meet with the nominee. Grassley is open to discussing the Supreme Court vacancy with the president, but only as an “opportunity to explain the position of the majority to allow the American people to decide.”

Grassley’s hypocrisy is evident when you compare his recent statements with what he said in 2008 about the Senate’s role in confirming judicial nominees, even in the final year of a president’s term. His refusal to do one of the key tasks of the Judiciary Committee may also undercut what has been the central slogan of the senator’s re-election campaigns: “Grassley works for us.”

UPDATE: Former Lieutenant Governor Patty Judge is thinking about jumping in to the U.S. Senate race, because of Grassley’s “double-speak” and “deliberate obstruction of the process.” My first thoughts on a possible Judge candidacy are here. I’ve also enclosed Grassley’s response to Senate Minority Leader Harry Reid at the end of this post.

Continue Reading...

Hungry Chuck have you no Shame?

Reed gores Grassley

I admit I’ve been mildly pissed off ever since Dick Clark and John Culver were dismissed from public service back in the 80’s. Grassley’s odious “tax and spend liberal” mantra was simple but unfortunately too effective.

When Grassley decided to parrot Palin’s Death Panels lie during the ’10 cycle, I lost what little respect I might’ve had for this grim soul. His latest henchman role in the “screw obama’s SCOTUS picks” drama earns him 5 rotten tomatoes.

I have no problem with ‘true conservatives’ but guys like him, McConnell and others who essentially dissemble and make up stuff to suit the political moment make me ill. Apparently, Harry Reid (no Mr. firebrand) had enough and called him out today. Between Grassley, King and (unelected but embedded) Vanderplaats, I’m really starting to wonder about political sanity. Just don’t follow the advice of failed gubernatorial candidate Jack Hatch and simmer down. It’s past time to wake up and fire up!

WellCare loses battle to maintain Iowa Medicaid contract

One of the four companies the Iowa Department of Human Services initially selected to manage care for Medicaid recipients has given up the fight to keep a contract that would have been worth hundreds of millions of dollars. Follow me after the jump for details on the final stages of WellCare’s unsuccessful effort to overturn state officials’ decision to terminate that contract.

Continue Reading...

Supreme Court Justice Antonin Scalia has died; will the Senate act on his replacement?

U.S. Supreme Court Justice Antonin Scalia died in his sleep overnight while visiting west Texas, multiple local news sources reported this afternoon. Scalia was the longest-serving current member of the court, having been appointed by President Ronald Reagan in 1986.

I am seeking comment from U.S. Senator Chuck Grassley, who chairs the Senate Judiciary Committee, on whether Senate Republicans will consider a Supreme Court nomination by President Barack Obama, or whether they will decline to take up any nomination until after the presidential election. Last year the GOP-controlled Senate confirmed only eleven federal judges, “the fewest in a single year since 1960.” Some conservatives including Senator and presidential candidate Ted Cruz and Sean Davis, founder of The Federalist website, are already demanding that the Senate refuse to act on any Supreme Court nominees until a new president has been elected.

I will update this post as needed with Grassley’s comments and other Iowa reaction to Scalia’s passing.

UPDATE: Have not heard back from Grassley’s office, but a spokesperson for Senator Mike Lee of Utah, who also serves on the Judiciary Committee, says Scalia’s death “will put a full stop to all Obama judicial nominees going forward” and characterized as “less than zero” the chance of this president getting Scalia’s replacement on the bench.

SECOND UPDATE: Speaking by phone to the Des Moines Register’s Jason Noble, Grassley praised Scalia’s “legacy of scholarship” and said he would be “badly missed” as an interpreter of original intent, adding, “I wouldn’t make any prognostication on anything about the future because there’s so many balls in the air when those things are considered.”

THIRD UPDATE: Senate Majority Leader Mitch McConnell said in a statement, “this vacancy should not be filled until we have a new President.” Senate Minority Leader Harry Reid commented on Twitter, “Would be unprecedented in recent history for SCOTUS to go year with vacancy. And shameful abdication of our constitutional responsibility.”

FOURTH UPDATE: That was fast. In less than two hours, Grassley changed his tune, saying “it only makes sense that we defer to the American people” and let the next president appoint Scalia’s successor. That would mean leaving a Supreme Court seat vacant for more than a year. A statement from Reid’s office noted that since 1975, “the average number of days from nomination to final Senate vote is 67 days (2.2 months).”

Grassley also claimed “it’s been standard practice over the last 80 years to not confirm Supreme Court nominees during a presidential election year.” But he voted to confirm Justice Anthony Kennedy in early 1988. (President Reagan had nominated Kennedy in late 1987.)

FIFTH UPDATE: Added below statements from Grassley and Senator Joni Ernst and a few links on how this vacancy could affect cases currently pending before the high court. Many names have been floated as possible nominees; one that would be particularly awkward for Republicans is Sri Sinivasan. The Senate unanimously confirmed him to the D.C. Circuit Court of Appeals in 2013. He would be the first Asian-American to serve on the Supreme Court. Other possible candidates include Jane Kelly, “a career public defender from Iowa whose nomination for the federal bunch Grassley championed, leading to a unanimous confirmation in 2013.”

SIXTH UPDATE: For more background on Judge Kelly, see Ryan Foley’s report for the Associated Press at the time of her confirmation. Bleeding Heartland’s post on that unanimous Senate vote included Grassley’s floor speech enthusiastically supporting her.

Tom Goldstein argues that 9th Circuit Court Judge Paul Watford is Obama’s most likely pick for the high court this year.

Continue Reading...

IA-Sen: Robert Rees challenging Chuck Grassley in GOP primary

Catching up on news from the busy final weeks before the Iowa caucuses, U.S. Senator Chuck Grassley has a rival for the GOP nomination. Robert Rees launched his campaign on January 18, pledging to support term limits for members of Congress and the 10th Amendment, which reserves for the states powers not delegated to the federal government. Rees most recently worked as a conservative talk radio host but fell victim to a format change in October, when 98.3 FM in Des Moines switched to classic hip hop. Rees has a campaign website and is on Twitter, Facebook, and LinkedIn. He frequently uploads “campaign diaries” and other videos to his YouTube channel.

After the jump I’ve posted background on Rees, some of his answers to frequently asked questions about his challenge to Grassley, and his introductory video, in which he notes that Grassley has been in Washington, DC since a year before Rees was born. I’ve also enclosed excerpts from two articles linked on the Rees campaign website. Among other things, those pieces criticize Grassley for approving too many judges nominated by President Barack Obama–which is comical, since during Grassley’s first year as chair of the Senate Judiciary Committee, the Senate confirmed only eleven federal judges, “the fewest in a single year since 1960.”

I can’t conceive of any scenario in which Grassley loses a Republican primary, but assuming Rees qualifies for the ballot, it will be interesting to see how many conservatives cast protest votes for him. For reference, Tom Hoefling got just under 17 percent of the vote in his 2014 GOP primary challenge to Governor Terry Branstad. Turnout is likely to be very low on June 7, since no other statewide offices are elected this year, and only one of Iowa’s four Congressional districts appears likely to have a competitive GOP primary (Representative David Young is expected to face at least one conservative challenger in IA-03).

Rees had nominating petitions out at some Republican precinct caucuses on February 1. To qualify for the primary ballot, he will need to submit to the Secretary of State’s office by March 18 at least 3,331 signatures (0.5% of the votes cast for Governor Terry Branstad in Iowa’s 2014 general election). In addition, those signatures must be collected in at least ten counties, and for each of those counties, the number of signatures on nominating petitions must equal at least 1 percent of the votes cast for Branstad in the 2014 general election.

A few conservatives made noise about a primary challenge to Grassley in 2009, when it appeared he might support some version of health care reform, but they never followed through. Iowa’s senior senator defused some anger on his right flank by warning that end-of-life counseling provisions in the proposed bill could let people “pull the plug on grandma,” though he had voted for a previous law including such counseling. He later voted against the Affordable Care Act in committee and on the Senate floor, while seeking credit for some of its provisions.

Continue Reading...

Throwback Thursday: When Bob Vander Plaats asked for money to promote his Iowa caucus endorsement

National Organization for Money photo IMG_5284_zpsddttbuk1.jpg

National Organization for Money graphic created by Rights Equal Rights and used with permission.

Donald Trump targeted Bob Vander Plaats on Twitter this week. He speculated that Ted Cruz, who landed Vander Plaats’ personal endorsement last month, may not know about past “dealings” by one of Iowa’s leading social conservatives. The billionaire called Vander Plaats a “bad guy” and a “phony,” claiming the FAMiLY Leader‘s front man had asked to stay in Trump hotels for free and tried to secure a $100,000 payment for himself after “begging” Trump to do an Iowa event. Jennifer Jacobs confirmed that Trump received a $100,000 fee for speaking to a real estate conference in West Des Moines last year, but Vander Plaats told the Des Moines Register “he was paid nothing” for introducing Trump to the head of the company that organized the event, and “no donation was made to the Family Leader.”

The spat reminded me of big news from the final two weeks of the 2012 Iowa caucus campaign, when Rick Santorum confirmed that Vander Plaats had asked for money to promote his endorsement.

Continue Reading...

Why I encourage Iowans to caucus for Bernie Sanders

Bleeding Heartland welcomes guest posts on topics of statewide, local, or national importance. -promoted by desmoinesdem

My name is Aaron Camp. I’m not an Iowan, in fact, I’m a lifelong resident of Vermilion County, Illinois who has never been to Iowa. I’m a staunch supporter of the Bernie Sanders presidential campaign, although I am not officially affiliated with the Sanders campaign in any way. With the first-in-the-nation Iowa caucuses just days away, I’ll take this opportunity to encourage Iowans to participate in the Democratic caucus and caucus for Bernie Sanders.

Continue Reading...

How Iowa political leaders could honor the legacy of Rev. Dr. Martin Luther King, Jr.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

Continue Reading...
Page 1 Page 7 Page 8 Page 9 Page 10 Page 11 Page 62