The hits just keep on coming from the health and human services budget Iowa Republicans enacted this year.

As if big spending cuts to public health programs, child care assistance, social worker field services, the closure of four Planned Parenthood clinics, and ending on-site ombudsmen visits to nursing homes didn’t do enough to harm vulnerable people, that budget bill also called for short-changing Iowans who sign up for Medicaid.

The Reynolds administration is moving forward with the plan to end decades-long practice on covering health care for new Medicaid recipients.

Governor Kim Reynolds is considering at least four Republican farmers–all current or former state lawmakers– to replace Bill Northey as Iowa secretary of agriculture, James Q. Lynch reported for the Cedar Rapids Gazette today. In addition to State Representative Pat Grassley and former State Representative Annette Sweeney, whom Bleeding Heartland discussed here, State Senators Dan Zumbach and Tim Kapucian are in the running, according to Lynch’s story.

“I’ve had a couple conversations with governor about it,” Zumbach, 56, said Wednesday between meetings on housing development and soybean production. “I’d certainly be available and honored” if appointed to fill out Northey’s term that runs through early 2019. The position will be on the statewide ballot in 2018.

Zumbach, whose “heart, soul and passion has always been in agriculture,” said serving as state secretary of agriculture would be an “opportunity to share my lifetime of experience to guide Iowa agriculture in a good direction.”

Zumbach chairs the Iowa Senate Agriculture Committee, having previously served as its ranking Republican. Kapucian, who has long served on the Senate Agriculture committee, “could not immediately be reached for comment” by Lynch. As the top Republican on the chamber’s Transportation Committee, he was a strong voice for raising the gasoline tax in order to fund better maintenance of farm-to-market roads. Grassley and Sweeney are both former leaders of the Iowa House Agriculture Committee and confirmed their interest in Northey’s job to Lynch.

Iowa law gives Reynolds the authority to fill Northey’s current position after he resigns upon confirmation to a senior U.S. Department of Agriculture post. The person she selects will be heavily favored–if challenged at all–in next year’s GOP primary for secretary of agriculture.

Choosing a relatively low-profile lawmaker like Zumbach or Kapucian would allow the governor to avoid taking sides between Republican power-broker Bruce Rastetter (a major donor to Reynolds and decades-long friend of Sweeney’s) and Senator Chuck Grassley (Pat Grassley’s grandfather). The downside for Reynolds: that path could anger both Rastetter and the elder Grassley.

Americans can thank the organized labor movement for many workplace standards we take for granted: 40 hours at work per week with weekends off, paid vacations and holidays, sick leave, and (unpaid) family and medical leave. Unfortunately, Republicans who now control state government have made working conditions worse for hundreds of thousands of people since last Labor Day.

Warning that “Iowa must use all available tools to prepare for strained general fund cash flows” in the current fiscal year, State Treasurer Michael Fitzgerald formally asked Governor Kim Reynolds yesterday to authorize short-term borrowing this fall. Reynolds has previously said she is confident the state will be able to pay its bills without such action.

The country’s longest-serving state treasurer counters that “prudent” management of state finances justifies cash-flow borrowing to ensure that Iowa can meet its obligations, including school aid payments, in early 2018.

The Apple corporation’s plan to build a “state-of-the-art data center” in Waukee is attracting national attention and ridicule for a state and local incentives package worth more than $4 million to the country’s most profitable company for every long-term job created.

While Governor Kim Reynolds celebrated yet another deal to fleece taxpayers, one encouraging sign emerged last week: more Iowa politicians are willing to say out loud that this approach to economic development doesn’t pay for itself.

The juxtaposition of last week’s “Waukee Scores Apple Server Farm” story with the “Iowa Nursing Home Budget Crisis” story revealed to me, the advanced rot of political obeiesance to corporations at the expense of badly frayed public resources and services.

The Los Angeles Times column on the subject put it as well as could be stated. Of course Bleeding Heartland covered the nursing home crisis here.

After reading the LA times story, it was darkly funny to read this story in the New York Times about Mr. Cook, CEO of Apple, “Barnstorming for Moral Responsibility”.

Not only are these corporate out-of-state care facilities taking advantage of our citizens on the low end of the scale, you have the richest, most profitable company on the planet, literally skimming future dollars off the top!

Those of you with Apple stock are probably grateful for your good fortune. Maybe those dividends will offset the taxes we may have to pony up to recover what Apple is taking away.

(When you look at the size of the tax breaks Iowa coughed up at a time when the DHS budget shortfall puts hundreds of people at risk,it makes me wonder if Mr. Cook might consider adding some of his latte allowance to fund Iowa’s ailing social programs? Frankly, I think we’ll have a better shot at convincing him than we will waiting for the Reynolds administration to Think Different.)

Some surprising news arrived in the mail recently. In response to one of my records requests, Governor Kim Reynolds’ legal counsel Colin Smith informed me that “zero dollars” of a $150,000 appropriation for gubernatorial transition expenses “have been spent and there are no plans to spend any of that appropriated money.” I soon learned that the Department of Management had ordered a transfer of up to $40,000 in unspent Department of Revenue funds from the last fiscal year “to the Governor’s/Lt. Governor’s General Office to cover additional expenses associated with the gubernatorial transition.”

A Des Moines Register headline put a favorable spin on the story: “Reynolds pares back spending on office transition from lieutenant governor.” However, neither the governor’s office nor Republican lawmakers ever released documents showing how costs associated with the step up for Reynolds could have reached $150,000.

Currently available information raises questions about whether Branstad/Reynolds officials ever expected to spend that money, or whether they belatedly requested the fiscal year 2018 appropriation with a different political purpose in mind.

Iowa’s Long-Term Care Ombudsman has “eliminated virtually all staff visits” to our state’s 850 nursing homes and assisted-living facilities, Clark Kauffman reported for the Des Moines Register on August 23. A large reduction in state funding led to the policy change, announced last month. Republican legislators passed the health and human services budget on party-line Iowa House and Senate votes. Governor Terry Branstad approved the cuts in his final batch of bill signings.

Reducing oversight of nursing homes has long been a goal for Branstad, whose Department of Inspections and Appeals didn’t even fill all the nursing home inspector positions funded by state lawmakers. Iowa already ranked last among the 50 states in terms of ombudsman visits to nursing homes at least once per quarter, according to 2015 statistics cited by Kauffman.

Ending on-site visits by ombudsmen will put approximately 53,000 Iowans at greater risk of receiving substandard care.

What a discouraging weekend for the country. Hundreds of white supremacists marched in Charlottesville, Virginia on Friday night, carrying torches and chanting racist and anti-Semitic slogans. The next day, police mostly stood by while racists (some displaying swastika flags or calling out the Nazi slogan “blood and soil”) clashed with counter-protesters during “the largest public gathering of white supremacists in decades.” One of those anti-fascist protesters, Heather Heyer, was killed after a car struck her while driving into a crowd, allegedly intentionally. Virginia state troopers Lt. H. Jay Cullen and Trooper-Pilot Berke M.M. Bates died in a helicopter crash while assisting in the law enforcement response to the “Unite the Right” rally.

Many Republican officials, including Iowa’s top GOP leaders, condemned this weekend’s acts of domestic terrorism and racist hatred. But President Donald Trump–long an inspiration to white nationalists and neo-Nazis–deliberately avoided calling out the instigators in Charlottesville.

Politicians who enthusiastically campaigned for Trump and continue to support him must demand much more.

Michael Fitzgerald has seen tight budgets come and go in his 35 years as state treasurer. He is increasingly concerned that Iowa may have trouble making ends meet next spring.

Only a few months into her new job, Governor Kim Reynolds plans to reject Fitzgerald’s considered opinion. The political gamble allows her to downplay the severity of Iowa’s fiscal situation for now. However, her strategy could backfire if a cash-flow problem blows up just before the final stretch of next year’s primary campaign.

Cedar Rapids Mayor Ron Corbett fleshed out his case against Governor Kim Reynolds as a manager of state finances this week, saying she is behaving like former Democratic Governor Chet Culver. During the 2010 campaign, then-candidates Terry Branstad and Reynolds derided Culver as “Big Debt Chet.” Now, Corbett asserts, “instead of learning from Governor Culver, she’s mirroring from Governor Culver.”

As the leading GOP rival to Reynolds, Corbett will make fiscal policy a central issue in his gubernatorial campaign. But is Reynolds really on track to borrow more money for the state than Iowa’s last Democratic governor did?

If you haven’t had a chance to hear directly from the Democrats running for governor, Bleeding Heartland has you covered with audio and highlights from the speeches at Thursday night’s big Hall of Fame event in Des Moines.

TJ Foley, a recent graduate of Valley High School in West Des Moines, on how top Iowa Republicans failed to speak out against an “attack on the most basic principles of equality, freedom, and rural fairness.” -promoted by desmoinesdem

It’s been a rough week for Senate Republicans. Two conservative senators announced that they would oppose the reckless GOP plan to overhaul America’s health care system and drop millions from the health insurance rolls. This legislation emerged from secret negotiations and violated some of the most basic Iowa values we all hold dear.

Governor Kim Reynolds has said many times that she was a “full partner” in former Governor Terry Branstad’s administration. Other well-placed Iowa Republicans likewise have attested to Reynolds’ role as a “full partner” or “active partner” in running state government during nearly six and a half years as lieutenant governor.

But when Democratic State Representative Chuck Isenhart recently requested communications with the governor’s office pertaining to the Leopold Center for Sustainable Agriculture at Iowa State University, staff for Reynolds informed him that “our office cannot reach back and review and release records from the previous administration.”

In another display of dominance intended to show there will be no serious competition in the Republican gubernatorial primary, Governor Kim Reynolds’ campaign announced today that U.S. Senators Chuck Grassley and Joni Ernst will join Iowa Secretary of Agriculture Bill Northey as state co-chairs.

Governor Kim Reynolds appears unlikely to be able to balance Iowa’s budget for the fiscal year that just ended without calling a special legislative session. The last time Iowa lawmakers needed to come back after adjournment to fix the budget was in 2002, when the country was in a recession that had begun the previous year.

This year’s huge revenue shortfalls are happening during a time of economic expansion, the result of overly optimistic planning and business tax breaks that turned out to be much more costly than officials predicted.

Boone City Council member Steven Ray announced on July 1 that he will run for governor next year as a Republican. The third declared GOP candidate promised to be “a law and order governor” and said his experience in government and public safety would make him an effective chief executive. He also lambasted Iowa’s new law gutting most collective bargaining rights for public employees.

Iowa’s supposedly “efficient and convenient” process for regaining the franchise after a felony conviction resulted in Governor Terry Branstad restoring voting rights to only 206 people over nearly six and a half years.

More than 50,000 others remain unable to vote, probably for the rest of their lives.

Sounding more like a Republican loyalist than a hard-nosed fiscal analyst, State Auditor Mary Mosiman told reporters this week that Iowa’s budget for the year beginning July 1 is “stable” and “responsible.”

Mosiman also asserted that Iowa has “practically eliminated using one-time revenue sources for ongoing expenditures,” even though Governor Kim Reynolds recently confirmed the state will need to dip into reserve funds a second time to cover a third major revenue shortfall during the current fiscal year.

While speculating on why Iowa’s revenues have fallen well below projections, Mosiman echoed excuses offered by leading Republican politicians, ignoring a new business tax break that has been a far more important factor.

Iowa’s self-styled “Taxpayers Watchdog” may come to regret staking her credibility on the wisdom of GOP budget planning.

Iowa’s Senators Chuck Grassley and Joni Ernst say they are “continuing to carefully look through the revised health care discussion draft” released by Senate Republican leaders last week. Iowans who have called the senators’ offices are likewise hearing from staffers that Grassley and Ernst have not decided whether to support the GOP alternative to the Affordable Care Act.

I suspect Iowa’s senators would rubber-stamp any GOP “health care” bill Majority Leader Mitch McConnell brings to the floor, for several reasons:

• None of the Washington-based reporters on this beat include Grassley or Ernst on their lists of Republican senators who may not support the bill.

• Reports speculating about special deals GOP Senate leaders may offer to lock down votes don’t refer to any additional spending geared toward Iowa.

• Neither Grassley nor Ernst made time to meet with Iowa hospital leaders who lobbied against the bill on a trip to Washington last week.

• Neither Grassley nor Ernst has bucked the party line on any important Senate vote that I can recall.

For now, let’s take Iowa’s senators at their word: they are still undecided and seeking input from constituents. If Grassley and Ernst intend to keep promises they’ve been making on health care policy, they need not spend any more time deliberating. They have ample reasons to vote against the Orwellian-named Better Care Reconciliation Act (BCRA).

Non-partisan analysis indicates that if this bill becomes law, tens of millions of Americans–including hundreds of thousands of Iowans–will have worse health insurance coverage or no coverage at all.

As Ron Corbett seeks the GOP nomination for governor, his support of project labor agreements in Cedar Rapids will be a leading point of attack by Republicans supporting Governor Kim Reynolds. Corbett’s stance put him on a collision course with Governor Terry Branstad in 2011. The mayor explained his reasoning in chapter 25 of his memoir Beyond Promises and in an interview with Bleeding Heartland last week.

Cedar Rapids Mayor Ron Corbett finds it “disappointing” and “short-sighted” that neither the Iowa legislature nor the Branstad/Reynolds administration developed a plan earlier this year to address the collapse in Iowa’s individual health insurance market. By his account, state lawmakers and executive branch officials knew insurers were likely to stop selling individual policies for 2018 and should have developed “some type of backstop” instead of waiting for Congress to act.

Corbett plans to launch a Republican campaign for governor later today. He commented on Iowa’s potential health coverage crisis during a telephone interview with Bleeding Heartland last week.

When Cedar Rapids Mayor Ron Corbett kicks off his Republican campaign for governor on June 20, tax reform will be a major part of his “new game plan for Iowa.”

Iowa has no shortage of Republican politicians seeking to lower taxes for those with high incomes or replace a progressive income tax structure with a flatter tax. State House and Senate leaders have promised to push for income tax cuts next year, and in her first speech as governor last month, Kim Reynolds identified “reforming Iowa’s tax structure” as her “first priority.”

But Corbett frames the case for tax reform differently from the usual GOP rhetoric about spurring investment or putting money back in people’s pockets. In a wide-ranging interview last week, the mayor repeatedly called for addressing inequities in the tax code, which now favor the wealthiest Iowans over middle-class taxpayers. He also warned it would be “a big mistake” for Reynolds to lead an “exclusively Republican” push for tax changes next year.

Top staffers for Governor Terry Branstad knew more than a month ahead of time that Iowa Attorney General Tom Miller had determined Kim Reynolds would not have the authority to name a new lieutenant governor after becoming Iowa’s head of state.

Records released by the Iowa Attorney General’s office undercut numerous public statements by Reynolds and other Republican leaders, which alleged or implied Miller had blindsided the administration with a sudden reversal of his earlier view.

Documents support Miller’s comments on May 1 about the exhaustive legal and historical research informing his 23-page response to independent State Senator David Johnson. Despite accusations made by many GOP politicians, records reveal no effort by any Democratic officials to influence Miller’s views on succession questions.

On the contrary: if the attorney general faced any political pressure to change his stance on Reynolds’ constitutional authority, available information suggests that pressure came from the governor’s office.

The rumors were true: Drake University Law Professor Jerry Foxhoven will be the new Iowa Department of Human Services director, effective tomorrow.

The May 31 press release announcing Chuck Palmer’s retirement linked to a job listing for the DHS director position, to close on June 11. I would be surprised if Governor Kim Reynolds interviewed or seriously considered anyone else for this job, given the rapid turnaround. I never heard a rumor about any candidate other than Foxhoven.

I enclose below the full text of today’s announcement, including background on the new director. Foxhoven has a lot of relevant experience for the job, and I wish him the best of luck as he attempts to lead a department where big mid-year spending cuts will give way to even lower funding levels for the next fiscal year. Morale is reportedly poor among DHS workers, in part because of too-large caseloads. Medicaid privatization has proved disastrous for many vulnerable Iowans and service providers.

Speaking of which, Disability Rights Iowa filed suit yesterday against Reynolds and former DHS Director Palmer, seeking “to halt discriminatory cuts in services to 15,000 Iowans with serious disabilities,” Tony Leys and Jason Clayworth reported for the Des Moines Register. Roxanne Conlin is helping the plaintiffs, who will seek certification for a class action.

UPDATE: Lee Rood and Tony Leys interviewed Foxhoven for the Des Moines Register. I posted excerpts below, but you should click through to read the whole thing.

Iowa’s new medical cannabis law goes into effect on July 1, but “obtaining the medicine will be difficult and manufacturers said it’s unclear if the state’s effort will be viable,” Linley Sanders reported for the Associated Press this week. Her story illuminated a few reasons the law won’t help most of the people who could potentially benefit from access to cannabis derivatives.

Iowa lawmakers closed out the session with all-nighter so as not to adjourn without doing something on this issue. The previous medical cannabis law, adopted in similar last-minute fashion three years earlier, was due to expire this summer. Even for people with seizure disorders, the only conditions for which cannabis oil was allowed, the old law was too limited and unworkable.

As the new law’s defects become more obvious, we need to remember that most state legislators favored a better alternative. House Republicans thwarted their efforts.

Women in Iowa have almost no options for terminating a pregnancy after 20 weeks, under a law former Governor Terry Branstad signed a few weeks ago. Proponents have claimed the measure would “save lives immediately.”

In reality, the law will cause more pregnant women to have life-threatening health problems, and will add to the suffering of parents whose babies have no chance of survival.

Iowa Department of Human Services Director Chuck Palmer is retiring effective June 16, Governor Kim Reynolds announced today. Critics including Democratic State Senator Matt McCoy have called on Palmer to resign for months, charging that inadequate staffing at DHS facilitated more suffering and premature deaths among abused children. The department’s handling of Medicaid privatization has also drawn criticism. Despite Palmer’s promises to hold the line, the DHS agreed to pay private insurance companies more for managing Medicaid. In addition, DHS officials have downplayed numerous, ongoing reports of those companies cutting back on health care services and failing to reimburse providers promptly or adequately.

In keeping with Governor Terry Branstad’s playbook when Teresa Wahlert ended her disastrous tenure at Iowa Workforce Development, Reynolds didn’t acknowledge any problems with Palmer’s management of the DHS today. On the contrary, she and acting Lieutenant Governor Adam Gregg praised Palmer’s work in the official press release, enclosed in full below.

Governor Kim Reynolds took acting Lieutenant Governor Adam Gregg on a whirlwind tour late last week to Osceola, Mason City, Cedar Rapids, Davenport, and Gregg’s home town of Hawarden (Sioux County). Hundreds of people showed up for the Hawarden event; much smaller crowds turned out at the other venues. At each stop, Reynolds and Gregg praised former Governor Terry Branstad, and Reynolds repeated the four key goals she had laid out in her first speech as the state’s top official.

Early signs point to a highly political rather than policy-oriented Reynolds administration. The new governor’s top appointees are veterans of many Republican campaigns. Chief of staff Jake Ketzner worked on Branstad’s campaign in 2010 and managed the governor’s 2014 re-election bid; in between, he ran Representative Steve King’s 2012 campaign against Christie Vilsack. Deputy chief of staff Tim Albrecht spent most of his career as a spin doctor for GOP candidates or elected officials before joining a Republican-oriented political communications firm in late 2013. You don’t put guys like this in charge of your office if you’re a “policy wonk” or interested in reaching out to constituencies that felt ignored during Branstad’s tenure. These choices suggest that Reynolds plans to wage partisan warfare, day in and day out.

Over at Iowa Starting Line, Pat Rynard commented on how the Reynolds administration is already blurring the lines between official state events and 2018 campaign activities. Expect much more of this in the months to come.

Speaking of political games, progressive activists put up a parody site at ReynoldsGregg.org, pushing the message, “Kim Reynolds and Adam Gregg are Iowa’s new team, but unfortunately they have the same old failed priorities” (see screen shot below). Rynard recalled that GOP operatives including Albrecht relentlessly mocked Jack Hatch’s campaign for making the same mistake in 2014. At that time, quite a few of Iowa’s political reporters wrote stories about Republicans grabbing HatchVernon.com and the @HatchVernon Twitter handle. So far, those media outlets have not publicized the same incompetence on the part of the Reynolds team.

Other passages worth noting: earlier this month, the Iowa Board of Regents chose Michael Richards as president and Patricia Cownie and president pro-tem, replacing Bruce Rastetter and Katie Mulholland, whose terms ended April 30. Rastetter opted not to seek reappointment to the board, tacitly acknowledging that Iowa Senate Democrats would never have allowed his confirmation. Mulholland sought another six-year term, but for reasons that remain unclear, Branstad passed her over. Regent Larry McKibben had expressed interest in the board presidency, but he gave up without a fight and formally nominated Richards. I didn’t have a preference between McKibben and Richards; from my perspective, neither could possibly do worse in that job than Rastetter. This weekend, the Ditchwalk blog took an in-depth look at Richards: part 1 focused on his background and how he got the top job on the board, while part 2 looked at his early actions in the new position, speculating about whether Richards can fix the board’s “colossal credibility problem” after years of administrative abuses by Rastetter.

In March, Sean Bagniewski won the election to succeed Tom Henderson, the long-serving chair of the Polk County Democrats. Bagniewski announced on May 23 that former Senator Tom Harkin gave his blessing to have Iowa’s largest county Democratic organization hold an annual “Steak Fry” fundraiser. The inaugural event is scheduled for September 30 at Water Works Park in Des Moines; headliners have not yet been announced. Bagniewski joked, “One of my friends asked me how it felt to land the Steak Fry. It’s like adopting a baby gorilla. Where do you put it? How’re you going to feed it? How much is this thing going to cost?”

Final note: the New Leaders Council, “a nonpartisan program to recruit, train, and promote the next generation of progressive leaders,” is holding a fundraiser in Des Moines on Thursday, June 1. Money raised will support the five-month training program for next year’s New Leaders Council fellows. Local organizers hope to attract a more diverse class and are “doing more focused outreach to underrepresented communities” with a goal of having a 60 percent non-white and 55 percent female cohort of fellows for 2018. I enclose below more details about this week’s event and the training program.

In one of his final bill signings, former Governor Terry Branstad disregarded almost all the public input his office received regarding the Leopold Center for Sustainable Agriculture at Iowa State University. Last month, Republican state lawmakers voted to redirect revenues from a fertilizer fee that had provided the bulk of the center’s funding for 30 years. They zeroed out a separate line item which had covered most of the center’s other operating costs.

After GOP legislators ignored feedback from hundreds of Iowans who came to the Capitol or submitted written comments in support of the Leopold Center, attention turned to Branstad, since the governor has the power to veto line items from budget bills. Legal counsel Colin Smith informed me today that Branstad’s office “received approximately 907 emails” on this subject, of which only two favored eliminating the Leopold Center. More than 900 e-mails and “all but a handful” of more than 500 phone calls on this issue supported maintaining the center.

In other words, at least 99.8 percent of more than 1,400 constituent contacts urged Branstad to allow the Leopold Center to continue its work.

However, Branstad vetoed only two line items, which would have removed language about the Leopold Center from Iowa Code. He left in place provisions that redirected most of the center’s funding. Some income from the ISU Foundation remains, but that is insufficient to fund new research on topics such as water quality, conservation practices, soil erosion, and local food systems.

The ambush on the Leopold Center was a favor to corporate agricultural interests, which sought to divert fertilizer tax revenue to ISU’s narrowly-focused Nutrient Research Center, where agribusiness will likely have more control over the agenda. No one even pretended to make a substantive case for defunding the Leopold Center. Yet Branstad reduced a respected institution to a shell, ignoring almost every Iowan who appealed to him.

Before being sworn in as governor yesterday, Kim Reynolds told Barbara Rodriguez of the Associated Press, “I’m going to travel the state and I’m going to go into communities and I’m going to talk to Iowans and I’m going to listen. […] What are we missing? What are we doing right?”

A key test for Reynolds: will she–unlike her mentor–be willing to change course when Iowans overwhelmingly oppose her administration’s policy? Or will she “listen” politely, then have staff follow up with a form letter after she does whatever Republican ideologues or business lobby groups ask of her?

Seeking to avoid a lawsuit, Governor Kim Reynolds has picked State Public Defender Adam Gregg as her lieutenant governor to “serve in an acting capacity, fulfilling all duties of the lieutenant governor’s office through the January 2019 inauguration.”

Attorney General Tom Miller issued a formal opinion this month stating that Reynolds will not have the authority to name a new lieutenant governor. Reynolds and many other Republicans attacked Miller for what they called a “partisan” decision, but apparently the new governor doesn’t want to roll the dice on how the Iowa Supreme Court would resolve this question.

Instead, Gregg will have the title of lieutenant governor and the salary associated with the position. According to the governor’s Deputy Chief of Staff Tim Albrecht, “Gregg will ‘operate’ the office of lieutenant governor, but not actually ‘hold’ that office.”

The Reynolds administration acknowledges that Gregg will have no place in the line of succession. Under Article IV, Section 19 of the Iowa Constitution, if there is a vacancy in the governor’s office and the lieutenant governor becomes “incapable of performing the duties pertaining to the office of governor,” the Iowa Senate president “shall act as governor,” with the Iowa House speaker next in line to hold those powers.

I sought comment from Miller and others on whether the state constitution allows someone someone to hold the title of lieutenant governor while serving “in an acting capacity.” (The constitution does not discuss that concept, as far as I can tell.) Miller will hold a press conference later this morning, after which I will update this post. Gary Dickey, who researched these questions as legal counsel for Governor Tom Vilsack in 2004, said via e-mail today, “I know of no limitation on giving titles to employees of the office. Whether they want to call him Lieutenant, vice, or deputy means little so long as he does not attempt assume the constitutional right of succession in the event that Governor Reynolds can no longer serve.” Dickey later told the Associated Press, “As a matter of law, he’s just another staff member of the office, […] It’s a positive sign that she recognizes there are constitutional limitations to the office. I’m not sure that’s always been the case for the last six years.”

Today’s news release and background on Gregg are after the jump.

UPDATE: Miller told reporters today that the “fundamental question” in his formal opinion was related to succession questions. He said he’s “pleased” Reynolds took action today “that would not alter the succession provision,” complying with his opinion on the key constitutional question. He added that the governor can designate anyone she wants to perform certain roles on her behalf. Miller noted, “The one question that remains is the title, acting lieutenant governor. It’s a new position. It’s not a constitutional provision or position,” and it’s not part of the constitutional framework. His staff will do further research on that position. “The key fundamental question here” is who succeeds and Reynolds “complied fully” with his opinion about the Iowa Constitution. Asked whether Reynolds had ruled out any legal challenge, Miller replied that he wouldn’t “I wouldn’t go that far” to make such a “broad statement.” But making clear that Gregg is outside the line of succession “dramatically” changes the landscape for such a lawsuit.

As he said on May 1, Miller said he supports amending the state constitution to allow a lieutenant governor who assumes the governor’s office to appoint a new lieutenant governor.

Miller confirmed that no one on Reynolds’s staff consulted him about their plans. He said the governor’s senior legal counsel Ryan Koopmans called the Attorney General’s office around 9:30 this morning to inform them about the decision.

Asked to comment on Republican Party of Iowa Chair Jeff Kaufmann calling his opinion a “ridiculous partisan stunt,” the attorney general repeated that he was persuaded by the weight of the evidence, including “overwhelming” case law from other states.

Governor Kim Reynolds promised today not to “stop working until every Iowan, no matter where they live, has the same opportunity to succeed, have a satisfying career, raise a family and have a great quality of life.”

Judging by her first speech in her new role, Reynolds has some major blind spots about her own record and the challenges facing Iowans.

The collapse of Iowa’s health insurance exchange could leave more than 70,000 people with no way to purchase individual policies for 2018.

More than half the Iowans at risk of becoming uninsured would have qualified for some services under the Iowa Family Planning Network. But our new state-run family planning program–created at great expense because Republican lawmakers and the Branstad/Reynolds administration insisted on defunding Planned Parenthood–won’t be able to accommodate an influx of patients who had been on the exchange.

Joy Corning was independent. As a state senator and lieutenant governor, she didn’t cater to social conservatives who were gaining strength in the Republican Party of Iowa during the 1980s and 1990s. She paid a price for her principles when she ran for governor in 1998 and got no support from Terry Branstad, along whose side she had served for eight years. She would have been a great governor.

Joy was empathetic. Long before she ran for office, she was a young stay-at-home mom when her husband came home from work with awful news: a woman in their community had died of complications from a back-alley abortion, leaving a husband to raise three children alone. Joy couldn’t stop thinking about that mother. The tragedy fueled her dedication to protecting reproductive rights. “Whatever the circumstances of the unintended pregnancy, we cannot experience the hardship and struggle faced by some women who make this decision. We are simply not in their shoes,” Joy wrote in a guest column for the Des Moines Register this year.

Joy was fair-minded. She was among the first prominent members of her party to support marriage equality in Iowa. During the 2010 campaign, she and former Democratic Lieutenant Governor Sally Pederson co-chaired the Justice Not Politics coalition, supporting the retention of Iowa Supreme Court justices who were under attack after striking down our state’s Defense of Marriage Act.

Joy was fact-oriented. While watching the Republican presidential debates, she was repelled by Donald Trump’s “know-it-all demeanor when he really doesn’t know what he’s talking about.” She came out publicly as #NeverTrump last September and shortly before the election co-authored an editorial endorsing Hillary Clinton, in part because of Trump’s “demagoguery,” “racism, nationalism, misogyny and discrimination against people with disabilities.”

Joy was committed. Some politicians leave the state after their ambitions don’t pan out, but Joy stayed in Iowa and volunteered countless hours for many causes over the last eighteen years. In her obituary, she wrote that she was “most passionate about issues related to children and families, women’s health & rights, equality and justice, education and the arts.” For friends who are inspired to make contributions in her memory, she suggested the Planned Parenthood of the Heartland Foundation, Plymouth Church Foundation, UNI Foundation, or the Des Moines Symphony Foundation. Joy was also a founding board member of 50/50 in 2020, a non-profit seeking to elect more women in Iowa, as well as a founding member of an advisory board for the University of Iowa’s center for gifted education, named in part after my mother. (Joy and my mother became friends when both served on school boards during the 1970s–Joy in Cedar Falls, my mother in West Des Moines. I didn’t get to know Joy until many years later, when I served on a fundraising committee she chaired for what was then called Planned Parenthood of Greater Iowa.)

Joy was kind. Former Planned Parenthood leader Jill June recalled her motto: “If you can’t say something nice, be vague.” That approach to life wouldn’t produce good blog content, but it did make Joy a wonderful human being.

After the jump I’ve posted many other reflections on Joy Corning’s legacy. Please share your own memories in this thread.

Minutes ago the U.S. Senate confirmed Governor Terry Branstad as ambassador to China, clearing the way for Branstad to resign on Wednesday, allowing Lieutenant Governor Kim Reynolds to be sworn in as governor. The Senate Foreign Relations Committee had unanimously approved Branstad’s nomination earlier this month, but twelve senators voted against advancing his nomination last week, and thirteen senators voted against him on the floor today. The opponents included Democrats Sherrod Brown of Ohio, Cory Booker of New Jersey, Elizabeth Warren of Massachusetts, and independent Bernie Sanders of Vermont–all considered potential presidential candidates in 2020. In a list-building e-mail earlier this afternoon, Brown wrote,

Branstad is notorious for busting collective bargaining rights in his state. Legislation he signed into law will force Planned Parenthood clinics to close this summer.

How can we make an anti-labor, anti-women’s rights politician in charge of U.S. relations with a country that has large human rights problems, especially in the areas of women’s and workers’ rights.

Given how unpopular Branstad is with highly-engaged Democratic activists, a vote against confirming the governor certainly wouldn’t hurt any of these senators in the next Iowa caucus campaign.

Senator Amy Klobuchar of Minnesota, also a possible Democratic presidential contender, supported Branstad’s confirmation. I’ll update this post later with full details on the Senate vote once the roll call has closed and some political reaction.

UPDATE: The thirteen senators who voted against Branstad were Tammy Baldwin of Wisconsin, Richard Blumenthal of Connecticut, Booker, Brown, Tammy Duckworth of Illinois, Kirsten Gillibrand of New York, Mazie Hirono of Hawaii, Ed Markey of Massachusetts, Gary Peters of Michigan, Sanders, Chuck Schumer of New York, Debbie Stabenow of Michigan, and Warren. All are Democrats except Sanders, who caucuses with Democrats. All represent states where organized labor is relatively strong.

SECOND UPDATE: Added below Branstad’s statement and other comments on his confirmation, as well as Senator Chuck Grassley’s speech on the Senate floor before today’s vote.

I had to laugh hearing Grassley “express my disappointment and frustration with the seemingly endless obstruction on the part of the minority.” He is bent out of shape because Majority Leader Mitch McConnell had to file cloture on Branstad’s nomination:

We could have approved this nomination with just a few minutes of debate time, yet, the minority required that we use 30 hours – not because they wanted to debate the merits of the nominee, but simply to delay the business of this body.

It’s unfortunate that their delay has kept an eminently qualified individual from getting into the job to promote American interests in China sooner.

Grassley and his fellow Republicans didn’t give the eminently qualified Judge Merrick Garland even a hearing, let alone a floor vote for his nomination to serve on the U.S. Supreme Court.

Two weeks after Iowa Secretary of Agriculture Bill Northey publicly expressed interest in a job with the U.S. Department of Agriculture, he appears to have an offer on the table. Farm Journal Radio reported on May 12 that Northey will become undersecretary for farm production and conservation, a position that “includes overseeing the Farm Service Agency, Risk Management Agency and the Natural Resources Conservation Service.” The source was Jim Wiesemeyer, senior vice president of policy and trade issues for Informa Economics Inc. WHO-TV’s Dave Price said his sources confirm Northey is the pick for that job. UPDATE: Agri-Pulse was first to report this news Friday morning.

Depending on when Northey resigns, either Governor Terry Branstad or soon-to-be-Governor Kim Reynolds will appoint someone to serve as secretary of agriculture until after the 2018 election. State Representative Pat Grassley has long been rumored to be interested in Northey’s job. That statewide position would be a nice stepping stone to a campaign for his grandfather Chuck Grassley’s U.S. Senate seat in 2022.

Outgoing Cedar Rapids Mayor Ron Corbett will decide “in the next 45 days or so” whether to seek the Republican nomination for governor, he told WHO-TV’s Dave Price on May 8. After months of laying the groundwork for a possible gubernatorial campaign, Corbett launched a tour this week promoting his new political memoir, Beyond Promises. He will use those speaking engagements to see “if people can feel a connection to Ron Corbett.”

Asked how he could compete financially against Kim Reynolds, who will be the incumbent governor, Corbett responded,

Yeah, people have asked me that, “You know, you’re going to have a big uphill battle ahead of you, a big challenge ahead of you.” But you know, what in life isn’t, you know, sometimes a big climb? And I’ve taken on big challenges. Again, when–and I talk about this in the book, when I take on an incumbent speaker of the House or an incumbent state representative, I don’t do it because I want to take on that particular person. I just have ideas that I want to talk about and get implemented.

Assuming Corbett does run for governor, tax and education policy will be central to his message, so let’s take a closer look at his ideas.

Lieutenant Governor Kim Reynolds will likely begin performing the duties of our state’s highest office very soon, following Governor Terry Branstad’s expected confirmation as U.S. ambassador to China. Speaking to journalists, some Republicans who have worked with Reynolds have enthused about her willingness to study the issues and be engaged in policy-making as part of her long preparation for the job.

Unfortunately, the way Reynolds has handled the controversy surrounding her authority to appoint a new lieutenant governor has revealed a willful disdain for research and opposing views.

Now, she admits she may have trouble working with Attorney General Tom Miller, whom she views as “my legal counsel” interfering with “my plan.”

If recent events reflect how Reynolds will approach other complicated and contentious issues, Iowans have reason to worry.

Pete McRoberts, a policy attorney in Des Moines who has worked in legislative, Congressional, and statewide offices, reflects on Attorney General Tom Miller’s formal opinion on the coming transfer of power. -promoted by desmoinesdem

Plenty of time has been spent over the past few months on addressing the rare constitutional, legal, and political questions regarding the succession clauses of the Iowa Constitution and corresponding state law for when vacancies exist in state elected offices.

In plain English, the question we have to answer – not very often – is how does it work when a Governor is no longer able to perform his or her duties? This question was answered a handful of times in Iowa over the past hundred years. The most recent instance was close to 50 years ago. The Constitution has been amended since then, in a way that sits in the same pew as that question, but still somewhat distant that our immediate question as to the authority of a successor of a Governor.

The first piece of the vacancy and succession questions is whether a successor is a Governor. The two times that has happened in a modern Governor’s office – in the 1950s and 1960s – the Constitutional matter was answered with a “yes.” With the pending resignation of Governor Terry Branstad, it is sensible to not only dust off historical questions, but to take a look to see how the Constitution and laws apply now. The question is simple; “will Lt. Gov. Reynolds be a Governor, or will she be an ‘Acting Governor?”

The second question relates to the powers of a Governor to fill vacancies, specifically, to the office of Lieutenant Governor. For context, in 2009, the Legislature passed and the Governor signed a law to confirm how the Constitutional mechanism would function in that setting. The law was simple; it states that in the event of a vacancy in the office of the Lieutenant Governor, that the Governor will appoint a Lieutenant Governor for the balance of the otherwise vacant term.

Earlier today, the Attorney General issued a formal opinion on these two questions.

Iowa Attorney General Tom Miller announced today that he believes Lieutenant Governor Kim Reynolds will become the governor, and not merely “acting governor,” once Governor Terry Branstad resigns to become U.S. ambassador to China. However, in the same 23-page opinion (enclosed in full below), Miller determined that under Iowa’s constitution, Reynolds will not have the authority to appoint a new lieutenant governor once she is sworn in.

Reynolds has been vetting candidates to take her place for months, as staff in the governor’s office insisted she will have the right to appoint a new lieutenant governor. Miller’s office had indicated in December that the attorney general agreed with the Branstad administration’s view on the coming transfer of power, despite language in the Iowa Constitution stating that the governor’s powers “shall devolve upon the Lieutenant Governor” in the event of a vacancy, and calling for the Iowa Senate president to be next in line if the lieutenant governor proves incapable of “performing the duties pertaining to the office of governor.” At the time, Miller provided no legal analysis, but his office released a 1923 Iowa attorney general’s opinion, which you can read here.

Three months ago, independent State Senator David Johnson exercised his right to request a formal opinion from Miller on nine questions about the succession. He asked Miller to produce the opinion “on an expedited basis” and specifically asked him not to “simply rely on the precedent of a predecessor’s 1923 opinion.”

Staff in the Attorney General’s office, led by Solicitor General Jeffrey Thompson, conducted “extensive legal and historical research” before reaching the conclusions Miller characterized as a “split decision” during today’s press conference.

Miller noted the precedent for using the title of “governor” when previous Iowa lieutenant governors exercised the governor’s powers following a vacancy. He also noted that when vice presidents have assumed the presidency, we have called those men “president” rather than “acting president.”

Miller said five factors pointed toward the conclusion that Reynolds does not have the authority to appoint a new lieutenant governor. An important one for him was language in Article IV, Section 19 of the Iowa Constitution, which spells out the succession of power from the governor to the lieutenant governor to the president of the Senate. (I’ve enclosed that passage below.) A state constitutional amendment in 1988, which provided for the lieutenant governor to be elected on a ticket with the governor, did not change the wording about the line of succession. Furthermore, Miller found, the historical record shows “The framers [of Iowa’s constitution] intended that those in the gubernatorial line of succession be elected.”

Miller also pointed to historical practice when the U.S. Constitution’s succession language mirrored the current wording of Iowa’s constitution (saying the president’s powers “shall devolve on the Vice President”). Before the 25th Amendment to the U.S. Constitution was adopted in 1967, none of the eight vice presidents who became the head of state following the death of a sitting president attempted to appoint a new vice president for the remainder of the term.

Speaking to reporters today, Miller said that as a matter of policy, he supports the idea of the new governor having the power to appoint a new lieutenant governor. But he maintained the Iowa Constitution would have to be amended to provide for that process.

Asked what would happen if the governor’s office disagrees with his legal analysis, Miller said he expects them to follow his opinion and repeatedly expressed hope that they will do so. If Reynolds proceeds with appointing a new lieutenant governor, her action “may or may not be challenged” in court. Responding to a follow-up question, Miller clarified that the Attorney General’s Office would not file that lawsuit, repeating that he hopes Reynolds will not take that course.

I am seeking feedback from attorneys on whether an ordinary Iowa voter would have standing to go to court if Reynolds disregards Miller’s conclusions about what the constitution allows. Iowa Senate President Jack Whitver would clearly have standing, since a new lieutenant governor would take his place in the line of succession. But the loyal Republican Whitver certainly would not object.

Front-runners for the lieutenant governor spot in the Reynolds administration are rumored to include State Representative Zach Nunn and State Public Defender Adam Gregg.

UPDATE: Added early reaction from the governor’s office and other political figures below. Reynolds sounds intent on ignoring Miller’s opinion.