Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

Carl Olsen analyzes the big news the governor tried to bury in a pre-holiday weekend news dump. He has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

Governor Kim Reynolds vetoed House File 732 on May 24. The bill passed by overwhelming bipartisan majorities in both legislative chambers: 96 to 3 in the Iowa House and 40 to 7 in the Iowa Senate. The full text of the governor’s veto letter is enclosed at the end of this post.

This is a tough issue for me to write about. I totally agree with the governor’s logic. At the same time, I am disappointed with the outcome.

Governor Kim Reynolds issued her first item veto of the year this week, rejecting part of a budget bill that sought to limit Attorney General Tom Miller’s authority to sign on to multi-state lawsuits. However, she did so only after Miller agreed not to join any such litigation without her permission, ensuring that he “will not be suing the Trump administration” anymore. In addition, the governor’s veto letter praised the “Legislature’s leadership on this issue.”

While not the worst-case scenario, the resolution of this conflict could invite more Republican bills encroaching on the authority of statewide elected Democrats. The governor and her staff could then pressure those officials to cede some of their power in exchange for a veto.

Iowa lawmakers adjourned for the year on April 27. Bleeding Heartland continues to catch up on some of the legislature’s significant work. Previous reporting related to the 2019 legislative session can be found here.

Republicans have enacted new voting restrictions in some two dozen states this decade. Iowa became part of that trend in 2017 with a law requiring voter ID, shortening the early voting period, and imposing new absentee ballot rules that are on hold pending litigation.

The march toward voter suppression appeared set to continue, with Governor Kim Reynolds winning a four-year term and the GOP retaining control over the Iowa House and Senate last November. Senate State Government Committee chair Roby Smith introduced a horror show election bill days before the legislature’s first “funnel” deadline in March. His Republican colleagues in the upper chamber later approved a bill with most of Smith’s bad-faith proposals.

But in a plot twist, House Republicans agreed to remove all the provisions that would make it harder to vote when House File 692 came back to the lower chamber. The final version, which Reynolds signed on May 16, contained largely technical code revisions and big improvements to the process for tracking and counting absentee ballots.

Follow me after the jump for a short history of a voter suppression tragedy averted.

“Our role is to decide whether constitutional lines were crossed, not to sit as a superlegislature rethinking policy choices of the elected branches,” four Iowa Supreme Court justices said today in two rulings that upheld the 2017 collective bargaining law.

The state’s two largest public employee labor unions, AFSCME Council 61 and the Iowa State Education Association, had challenged the law, which eliminated almost all bargaining rights for most public employees but preserved more rights for units containing at least 30 percent “public safety” employees. The ISEA also challenged a provision that banned payroll deduction for union dues.

Justice Thomas Waterman wrote for the majority in both cases, joined by the court’s three other most conservative judges: Edward Mansfield, Susan Christensen, and Christopher McDonald. His ruling upheld two Polk County District Court rulings in 2017.

Chief Justice Mark Cady and Justice Brent Appel dissented from the AFSCME decision, joined by Justice David Wiggins. Appel wrote a partial concurrence and partial dissent in the ISEA case, joined by Cady and Wiggins. They would have allowed the state to end payroll deductions for union dues but struck down the part of the law that gave more bargaining rights to some workers than others. They highlighted the statute’s “illogical” classification system, under which many who receive the expanded privileges are not themselves “public safety employees,” while others “with obvious public safety responsibilities” are excluded.

Had the late Justice Daryl Hecht been able to consider this case, these decisions would likely have gone 4-3 the other way. However, Hecht stepped down while battling melanoma in December, shortly before the court heard oral arguments. Governor Kim Reynolds appointed McDonald to fill the vacancy in February. Normally new justices do not participate in rulings when they were not present for oral arguments, but the court would have been deadlocked on these cases otherwise. So file this disappointing outcome for some 180,000 public employees under E for “elections have consequences.”

Heather Marie Dunn is a transgender Iowan and “recovering right-winger” in Polk County. -promoted by Laura Belin

“She lied to me,” were my first thoughts when I heard Governor Kim Reynolds had signed the health and human services budget that included a mean-spirited exclusion of transgender and intersex health care from Iowa’s Medicaid system.

Republicans slipped a couple of nasty surprises into the health and human services budget on the penultimate day of the Iowa legislature’s 2019 session. One of the new provisions in House File 766 would amend the Iowa Civil Rights Act to deprive transgender and intersex Iowans of access to surgery through Medicaid or other public health insurance programs.

Governor Kim Reynolds should strike this language because denying health care to people in need is reprehensible.

If she lacks the empathy to comprehend why punching down on a marginalized group is wrong, the governor should use her item veto power for a pragmatic reason: the Iowa Supreme Court is unlikely to let this discriminatory act stand.

On the first day of the Iowa legislature’s 2019 session, Secretary of State Paul Pate formally notified lawmakers that a “procedural oversight” by his office had wiped away progress toward adopting two constitutional amendments.

On the session’s final day, lawmakers took steps to ensure that neither Pate nor any future secretary of state can repeat the error.

UPDATE: The governor signed this bill on May 8.

In the closing hours of the legislature’s 2019 session, Iowa House Republicans introduced a new plan to change the system used to choose our state’s judges.

While not as far-reaching as the initial proposal, the legislation would still give Governor Kim Reynolds substantially more control over judicial selection.

Two months after a U.S. District Court struck down Iowa’s 2012 “ag gag” law, state lawmakers rushed to pass a new statute protecting agricultural facilities from damaging publicity.

Less than six weeks after Governor Kim Reynolds signed that law into effect, the same plaintiffs were back in federal court, arguing that the statute violates the First Amendment.

U.S. Representative Steve King’s clout has taken big hits lately. He won his ninth term in Congress by only a 3.3 percent margin in Iowa’s most conservative district (partisan voter index of R+11). Once-staunch allies like Governor Kim Reynolds sought to distance themselves from his toxic racism. The leader of his caucus stripped him of all House committee assignments.

Three other Republicans announced plans to seek the 2020 nomination in the fourth district, and campaign finance reports filed on April 15 confirmed that many heavy hitters are backing King’s best-known challenger, State Senator Randy Feenstra.

The incumbent’s recent fundraising and campaign spending would suggest that he’s not concerned about his re-election prospects.

But in other ways, King is working diligently to maintain support among the conservatives he needs to continue his political career. Fortunately for him, taxpayers are bankrolling much of that outreach.

As state lawmakers wrap up their work for 2019, one of the biggest question marks surrounds MidAmerican Energy’s push to make future solar development unaffordable for most Iowa homeowners and small businesses.

Four weeks after the bill cleared the Iowa Senate, it is still hung up in the House, where a group of Republicans recently took an unusual step to signal their opposition.

Republican attacks on working Iowans have received less attention this year than in 2017, when new laws shredded public employee collective bargaining rights, blocked local governments from raising the minimum wage, and reduced workers’ compensation benefits, especially for those who hurt their shoulder on the job.

But below the radar, GOP lawmakers have moved several bills lately that would make life harder for working people, including some facing the difficult circumstances of unemployment or workplace injury.

For many years, the Des Moines Register regularly published dispatches from Washington on what the Iowans in Congress were doing. Coverage deteriorated after the newspaper laid off Jane Norman in 2008. To my knowledge, no Iowa-based news organization has had a correspondent in the nation’s capital since the Register let Philip Brasher go in 2011.

In a wide-ranging review of the Register’s political reporting four years ago, I commented, “If a member of Congress didn’t brag about it in a press release, conference call, or social media post, the Register’s readers are not likely ever to learn that it happened.”

The newspaper’s recent coverage of U.S. Senator Chuck Grassley illustrates that problem.

Ten years ago today, the Iowa Supreme Court unanimously held in Varnum v Brien that the state’s Defense of Marriage Act “violates the equal protection clause of the Iowa Constitution.”

Justice Mark Cady wrote the opinion, which cost three of his colleagues (Chief Justice Marsha Ternus, Justice David Baker, and Justice Michael Streit) their jobs in the 2010 judicial retention elections. Assigned the task of writing by random drawing, Cady “strongly believed the court should speak in one voice” on such a controversial matter, Tom Witosky and Marc Hansen wrote in their 2015 book Equal Before the Law: How Iowa Led Americans to Marriage Equality. In fact, Cady “was convinced there was no room for even a concurring opinion–an opinion in agreement with the court’s conclusion but not its reasoning.” (pp. 134-5)

Thousands of Iowans have enjoyed a better quality of life since our state became the third to give LGBTQ couples the right to marry. Lambda Legal, which filed the lawsuit on behalf of six Iowa couples, has posted a timeline of key events in the case. State Senator Zach Wahls wrote today about the Supreme Court decision’s impact on his family.

I wanted to mark this day by sharing highlights from Bleeding Heartland’s coverage of that historic event. My deepest condolences go out to the friends and relatives of former Supreme Court Justice Daryl Hecht. The Iowa Judicial Branch announced today that Hecht has died. He stepped down from the bench in December 2018 while battling melanoma. Of the seven justices who joined the Varnum opinion, only Cady, Brent Appel, and David Wiggins still serve on the high court.

When a government press release arrives at 4:45 pm on a Friday, you know it’s not bearing good news. UnitedHealthcare will soon pull out of Iowa’s Medicaid program, the governor’s office announced on March 29. The company “manages health care for more than two-thirds of Iowans on Medicaid,” at least 425,000 people, Tony Leys reported for the Des Moines Register.

The official spin portrayed Governor Kim Reynolds as a hero who resisted a for-profit insurer’s “unreasonable” and “unacceptable” demands.

The real story is that nearly three years into our costly Medicaid privatization experiment, Iowa’s dominant managed-care organization (MCO) still can’t handle normal business practices like paying health care providers on time.

Democrat Eric Giddens won today’s special election in Iowa Senate district 30 by a double-digit margin. According to Thomas Nelson of the Waterloo/Cedar Falls Courier, unofficial results show Giddens received 7,610 votes (56.9 percent), Republican Walt Rogers 5,631 votes (42.1 percent), and Libertarian Fred Perryman 143 votes (1.1 percent).

Democratic enthusiasm, fueled by numerous presidential candidate visits, overcame Rogers’ advantage in name ID and the fact that Governor Kim Reynolds scheduled the election at the worst possible time for Democrats.

State Senator Claire Celsi: “Governor Reynolds has chosen private schools over the public schools 92 percent of Iowa’s children attend.” -promoted by Laura Belin

Governor Kim Reynolds’ private school and voucher activism has gone from coy to brazen. Simply entertaining “Secretary of Education” Betsy DeVos at the state capitol is a signal. Reynolds has never been a credible supporter of public education and now has publicly chosen a side. She chooses the 8 percent of Iowans whose kids attend private schools over the 92 percent who attend public schools. Reynolds has thrown down the gauntlet.

Now, an important question for you. Yes, YOU. Sitting in your comfy chair reading this post. Do you support Iowa’s public schools – or not? Time to make a decision.

Voters in Cedar Falls, Hudson, and part of Waterloo will elect a new state senator on March 19. Three candidates are on the ballot for Iowa Senate district 30: Republican Walt Rogers, Democrat Eric Giddens, and Libertarian Fred Perryman.

Republicans took some advantages into this campaign, which is on a shortened timetable because Senator Jeff Danielson resigned during the legislative session. Rogers was better-known than Giddens, and Governor Kim Reynolds scheduled the vote during spring break for the University of Northern Iowa and Cedar Falls public schools, when many people in Democratic-leaning constituencies would likely be out of town.

But since Bleeding Heartland previewed this race in late February, Giddens has emerged as the favorite. Republicans tacitly acknowledged their weaknesses by launching a second over-the-top negative television commercial on March 15, rather than closing on what was supposed to be Rogers’ selling point: giving Black Hawk County and UNI a voice in the Iowa Senate majority caucus.

Since Governor Terry Branstad signed an order in January 2011 to end automatic restoration of voting rights for Iowans who have completed felony sentences, only 328 affected people have regained their franchise: 206 through the end of Branstad’s tenure, and 122 since Governor Kim Reynolds became the state’s leader in May 2017. Yet an estimated 52,000 Iowans are ineligible to vote because of a criminal record.

A constitutional amendment moving through the state legislature would end the lifetime ban for most Iowans with felony convictions but could not take effect until 2023 at the earliest.

Today Reynolds announced several steps aimed at increasing the number of Iowans who could participate in the electoral process sooner than that.

MidAmerican Energy’s effort to crush small-scale solar generation made it through the Iowa legislature’s first “funnel” and will be eligible for floor debate in both chambers. The House Commerce Committee on March 4 approved House Study Bill 185 (now renamed House File 669) without amendment on a party-line 12 to 10 vote. The Senate Commerce Committee amended the companion Senate Study Bill 1201 before advancing it on March 7.

The bill will likely pass the upper chamber, where Republicans have a 32 to 17 majority. Although Republicans outnumber Democrats by 54 to 46 in the House, and MidAmerican’s political action committee donated to dozens of incumbents’ campaigns last year, getting the solar bill through the lower chamber will be no easy task. A utility-backed bill to undercut energy efficiency programs was one of the heaviest lifts during the 2018 session. Only after several concessions did supporters cobble together 52 Republican votes in the House. The GOP held 59 seats at that time.

More than three dozen corporations, industry groups, or advocacy organizations have lobbyists registered for or against MidAmerican’s solar bill. While it’s not unusual for a high-profile bill to draw that kind of attention, the two camps seeking to persuade legislators on this issue reflect alliances rarely seen at the statehouse.

The Iowa House Judiciary Committee unanimously voted on March 6 to advance a state constitutional amendment on automatic restoration of voting rights after an offender has completed a felony sentence. The action indicates one of Governor Kim Reynolds’ priorities for the 2019 legislative session should clear the lower chamber with little resistance.

As bad-faith political arguments go, it would be hard to top a headline from a recent Iowa House Republican newsletter, amplified on Twitter: “Congressional Democrats Plan to Overturn Nonpartisan Redistricting in Iowa.”

U.S. House Resolution 1 was designed to ban gerrymandering nationwide “by requiring independent commissions instead of state legislatures to draw congressional maps.” But in the Iowa GOP’s fun-house-mirror view, the federal bill would “inject politics into an already nonpartisan redistricting process.”

The good news is, this stunt puts House Republicans on record opposing any change to the system in use since the 1980s. “There’s no reason to change a process in Iowa that is respected throughout the country and is working well,” the newsletter argues.

The next step is getting top lawmakers and Governor Kim Reynolds to promise not to exploit a little-known provision in state law to enact a gerrymander in 2021.

Four Iowa Republican candidates received large donations in 2018 from Russell Taub, who agreed last week to plead guilty to federal crimes related to his political activity.

State Senator Claire Celsi sounds the alarm about a horrible bill that would benefit school administrators but would be very bad for Iowa children. -promoted by Laura Belin

The 2019 legislative session started off with a whimper as Republicans approved inadequate public education funding once again. Governor Kim Reynolds’ 2.3 percent budget request for K-12 funding was meet with an even less impressive proposal in the House and Senate – 2.06 percent. The House and Senate Democrats and Iowa State Education Association all suggested 3.0 percent and were voted down in short order.

Let me be clear: 2.06 percent is below the rate of inflation and not adequate. The result will be more layoffs, program cuts and more desperation to make ends meet in school districts all over the state.

Last year’s Democratic nominee in Iowa’s fourth Congressional district submitted this commentary in response to U.S. Representative Steve King’s appearance this weekend on Iowa Public Television. -promoted by Laura Belin

One of the things I’m most proud of after nearly beating Representative Steve King in 2018, following years of his skating to re-election, is some measure of accountability for a congressman who has decided his own personal agenda is more important than helping the people of the fourth district.

Governor Kim Reynolds appointed former Iowa House Speaker Kraig Paulsen as director of the Iowa Department of Revenue on February 22, only six weeks after she had named Adam Humes to lead the agency. A late Friday afternoon news release did not explain the reason for the change, saying only that Humes “has decided to pursue other opportunities.”* Paulsen will start work this coming Monday. Leadership transitions at state agencies typically are weeks or months in the making.

Humes’ predecessor, Courtney Kay-Decker, also left under odd circumstances. Appointed by Governor Terry Branstad in 2011, she sounded excited to continue to lead the department after the 2018 election. But in early December, Kay-Decker announced her resignation, effective at the start of the new year.

Iowa Attorney General Tom Miller didn’t ask state legislators to pass the country’s first “ag gag” law, and his office didn’t lobby in favor of banning “agricultural production facility fraud” while the bill was pending.

But the Attorney General’s office confirmed on February 21 that the state will appeal a federal court ruling against the 2012 law. The new court filing keeps up the pretense that a law designed to suppress investigative reporting was really about biosecurity and property rights.

Former State Representative Walt Rogers made it official this morning:

I’m excited to enter the race for Iowa Senate District 30. I want Black Hawk County and the University of Northern Iowa to have a stronger voice in Des Moines. I will be a strong advocate for them in the majority party!

— Walt Rogers (@waltrogersforIA) February 22, 2019

September Lau and Kimberly Graham make the case against a Republican effort to pack Iowa courts with conservatives. -promoted by Laura Belin

Ever since the 2009 Iowa Supreme Court decision legalizing same-sex marriage, conservative groups and legislators have attempted to reign in what they describe as an “activist” court. Never mind that that opinion, Varnum v. Brien, was a deliberate and thoughtful walk through equal protection analysis. Conservatives simply didn’t like the decision because it wasn’t the result they wanted.

Iowa is not among the sixteen states that filed suit yesterday to block what they called President Donald Trump’s “unconstitutional and unlawful scheme” to declare a national emergency in order to divert federal funds toward building a wall along the U.S. border with Mexico.

Attorney General Tom Miller has joined dozens of multi-state legal actions challenging Trump administration policies, and his office has not ruled out joining this lawsuit, communications director Lynn Hicks told Bleeding Heartland on February 19.

Didn’t see this one coming: Governor Kim Reynolds will not appeal a Polk County District Court ruling that struck down the country’s most restrictive abortion law.

Democratic State Senator Jeff Danielson announced his resignation today, Iowa Starting Line was first to report. His decision will force a special election in Senate district 30 on an accelerated schedule, because the vacancy arose during the legislative session.

State Representatives Bob Kressig and Dave Williams, the Iowa House Democrats who represent both halves of Danielson’s district, told Bleeding Heartland this evening they do not plan to compete in the special election. Just elected for the first time in November, Williams said in a Facebook message, “I am new in the House, enjoying the experience, and intend to stay focused on House District 60 constituents.”

Danielson’s last two Republican challengers also ruled out the race.

A divided state board has approved settlements worth a combined $4.15 million to two women who reported extensive, appalling sexual misconduct by former Iowa Finance Authority Director Dave Jamison. Under the agreements posted in full below, $2.35 million will go to the agency’s former business development director Beth Mahaffey, and $1.8 million will go to the agency’s communications director Ashley Jared. Attorney’s fees for both women will come out of those payments.

The settlements bring closure to women who endured a horrific workplace environment. But they also ensure that oversight failures at the finance authority will never be fully explored in litigation.

John Clayton picks apart the methods a national magazine used to rank Iowa the “best state to live,” which became a leading Republican campaign talking point. -promoted by Laura Belin

Governor Kim Reynolds megaphoned the U.S. News and World Report ranking of Iowa as number 1 among the 50 states, helping her sputter to victory last November.

Do you think the magazine’s conclusions are based upon valid and reasonable data interpretations? Or are there gaps in the logic or assumptions being made?

Republican lawmakers have unveiled their plan to replace Iowa’s merit-based system for choosing judges with a process dominated by politicians from their own party. Governor Kim Reynolds quickly gave the bill her blessing, just weeks after she said of judicial selection, “we don’t want it to be political.”

Iowa House Chief Clerk Carmine Boal has refused to grant me credentials for the chamber during the 2019 legislative session. Staff for Governor Kim Reynolds have ignored repeated messages seeking credentials to cover the governor’s office or an explanation for denying my request.

Under the U.S. and Iowa constitutions, no government agency or official may restrain or abridge the freedom of the press. Government bodies must apply any media restrictions uniformly, without regard to the content of news reporting or commentary. That’s not happening here.

Catching up on news from last week: State Auditor Rob Sand announced on January 22 that energy efficiency recommendations will be part of every audit his office produces of a municipal, county, or state government entity.