Plaintiffs Puck Carlson (left) and Berry Stevens (right) in photos provided by the ACLU of Iowa and Lambda Legal

Iowa Republican lawmakers and Governor Kim Reynolds enacted several laws this year that discriminate against LGBTQ people. This week, seven Iowa families and the advocacy group Iowa Safe Schools filed the first lawsuit challenging one of those statutes: the wide-ranging education bill known as Senate File 496.

The plaintiffs, who include eight LGBTQ students attending public elementary, middle, or high schools across Iowa, have laid out a compelling case that SF 496 violates LGBTQ students’ First Amendment and Fourteenth Amendment rights in several ways, as well as the federal Equal Access Act.

Photo by Jonathunder of Cornerstone Assisted Living in Mason City, available through the GNU Free Documentation License via Wikimedia Commons

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

A few months ago, I bumped into a former aide to Governor Robert Ray. As we reminisced about the governor, our conversation turned to his nearly daily meetings with journalists.

The aide said yes, those press conferences provided reporters with access to the governor and his comments on issues the state was handling and hearing about from Iowans.

But Ray believed the daily press gatherings had another important benefit, too: Ray could do his job more effectively by listening to the journalists’ questions, the aide said.

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring. 

Dad loved to tell the story of the guy so lazy that when he had a flat tire, he sold the car instead of changing the tire. That story was accompanied by a PS: “If you want a dependable car, you have to provide dependable maintenance.” 

It’s also true for public schools.

It’s a lesson for Governor Kim Reynolds.

For the second time in three years, Governor Kim Reynolds refused to act on a slate of nominees approved by one of Iowa’s regional judicial nominating commissions.

In early November, Reynolds took the “extraordinary step” of returning one candidate to the District 2B Judicial Nominating Commission. She eventually appointed Ashley Sparks to fill the District Court vacancy, but only after the commission held an additional meeting (at the governor’s request) to nominate a second eligible candidate for the judgeship.

The sequence of events raises questions about the governor’s legal authority to intervene when a judicial nominating commission has not adequately discharged its duties.

The situation also raises broader questions about the District 2B Judicial Nominating Commission. In November 2021, Reynolds refused to fill a vacancy in the same district after determining a judge’s “unprofessional” conduct had tainted the selection process. Since then, the District 2B commission—unlike all of its counterparts around the state—has not followed statutory and constitutional provisions that call for the senior judge of a district to chair such bodies.

UPDATE: The final version of these administrative rules, which the Iowa Board of Medicine approved in February 2024, included some minor changes, which Bleeding Heartland covered here. Original post follows.

Iowa’s near-total abortion ban remains blocked by court order. But new details emerged last week about how some provisions might be enforced if the Iowa Supreme Court finds the law constitutional (as the state has requested), or lifts the temporary injunction on the ban while litigation proceeds.

One thing is clear: despite repeated references to “standard medical practice” in the document the Iowa Board of Medicine considered on November 17, the proposed abortion rules bear little resemblance to how physicians actually care for patients seeking an abortion.

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association.

Marilynne Robinson has been called “America’s greatest living writer.” When she calls out Iowa’s governor over our state’s new education policies, we need to pay heed.

Marilynne Robinson

Marilynne Robinson, Ph.D., is professor emeritus in the University of Iowa’s Writers’ Workshop (1991-2016). She continues to live in Iowa City where she writes, plans her lectures, and attends to worship at the Congregational United Church of Christ. 

She is the author of the Pulitzer-winning novel Gilead (2004) and four other novels, all my favorites, plus hundreds of essays, lectures, and collections. Her four novels in the Gilead series were selected as a set for Oprah’s Book Club in 2021.

Ohio residents voted to add reproductive rights protections to the state constitution on November 7, passing the measure known as Issue 1 by 56.3 percent to 43.7 percent. When that language goes into effect, it will prevent enforcement of a law Ohio’s Republican trifecta enacted in 2019, which would prohibit almost all abortions after fetal cardiac activity can be detected.

Iowa Republican lawmakers approved and Governor Kim Reynolds signed a similar near-total abortion ban in July. A Polk County District Court blocked enforcement of that law, and the state has asked the Iowa Supreme Court to dissolve that injunction and uphold the law as constitutional.

Voters in Michigan, California, and Vermont approved reproductive rights constitutional amendments in 2022, and activists hope to place similar measures on the November 2024 ballot in other states, such as Arizona, Florida, Nebraska, and Missouri.

Some Bleeding Heartland readers have asked why Democrats aren’t trying to do the same in Iowa, where polls indicate a strong majority of adults believe abortion should be mostly or always legal, and the state’s partisan lean is roughly the same as Ohio’s.

The answer is simple: there is no mechanism for Iowa voters to place a proposed constitutional amendment on the ballot.

Voters in Iowa’s large school districts overwhelmingly picked progressive candidates over conservatives on November 7. In many urban and suburban districts, candidates backed by local Democrats, the Iowa State Education Association (ISEA), and/or the LGBTQ advocacy group One Iowa Action ran the table, while candidates backed by activists on the religious right fell short.

The results are a rebuke to Governor Kim Reynolds and Iowa’s Republican-controlled legislature, which enacted new laws in 2023 that undermined public schools and LGBTQ students, and restricted school library books and inclusive curriculum materials.

They also show the enduring strength of the state’s largest teachers union. For many years, Iowans elected school boards in September and city councils and mayors in November. The GOP trifecta changed state law so that beginning in 2019, school board and city elections would occur on the same day. The idea was to increase local election turnout and thereby diminish the ISEA’s influence over school boards. Nevertheless, candidates backed by public educators prevailed in many of this year’s most competitive races.

One city election also underscored how unpopular book banning is with Iowans. In the notoriously conservative town of Pella, voters rejected by 2,041 votes to 1,954 (51.1 percent to 48.9 percent) a ballot measure that would have empowered the city council to overrule the public library board.

Cheryl Tevis writes Unfinished Business, a weekly Substack newsletter for the Iowa Writers’ Collaborative, where this column first appeared. She is an editor emeritus with Successful Farming at DotDash Meredith, and a contributor to the Iowa History Journal. Cheryl is president of Iowa Women in Agriculture.

My stint on a rural Boone County school board from 1996 to 2005 was no picnic. It was punctuated by controversies over one-way vs. two-way sharing agreements, reorganization votes, and open enrollment petitions. Our board and our new administrator struggled to dig the school out of a financial hole created by a predatory sharing agreement and made worse by the erosion of farm families during the 1980s farm crisis. We worked hard to prevail against a relentless pounding from adverse rural demographic trends.

I’m certain some of the district’s constituents were sorry they ever had voted for me. And as my term ended, personal relationships within our board were strained, and cratering.

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring. 

In a hearing, I always knew when the lawyer on the other side didn’t have a good case. Instead of focusing on facts, they shouted and pounded the table more in hopes the arbitrator might forget and get distracted by a loud passionate argument. 

That’s what Governor Kim Reynolds tried during her October 25 press conference, when asked about book banning in public schools.

Bridgit Kuenning-Pollpeter is a freelance journalist from the American Midwest. She covers social justice stories, especially pertaining to disability. Her work has appeared in Parents, Mother Untitled, The Omaha World Herald, The Insider and elsewhere. You can follow her on X/Twitter, Facebook, and Instagram.

Iowa is known for being nice. Old-fashioned values seem rooted in the ground, tracing back to 1846. An idyllic landscape, simple and plain, yet beautiful, as depicted in American Gothic. Stop in this fly-over state for a pork tenderloin sandwich, or a Maid Rite, and don’t forget, its state fair is the greatest state fair.

Set against this backdrop of American dreams is a Republican party introducing bill after bill that have altered Iowa in both subtle and blatant ways. The GOP-controlled legislature approved many controversial bills during the 2023 session. One with potentially great consequences for blind Iowans was Senate File 514, the state government realignment sought by Governor Kim Reynolds.

STREAMLINING, OR A “POWER GRAB”?

The state paid nearly one million dollars for Virginia-based Guidehouse to help develop a plan to streamline state government. Although the final Guidehouse report did not make any recommendations related to the Iowa Department for the Blind (IDB), the bill the governor proposed to state lawmakers included one important change.

Joe Bolkcom represented Iowa City in the Iowa Senate from 1999 through 2022.

Iowans will soon elect city council and school board members. Hundreds of candidates have put themselves forward as they campaign on ideas to address unique local challenges and needs. 

These local elected officials are the backbone of making our small government democracy work. They make decisions for all of us about how our public schools operate, what roads get built and repaired, how public safety, water, sewer and library services are provided, and how to pay for it all.  

In a healthy democracy that’s how things are supposed to work. Unfortunately, we do not live in healthy democracy.

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association. Laura Belin contributed some reporting to this article.

Like all Iowans of good will, I was painfully alerted to the Hamas invasion of Israel on October 7. Many have compared the events to the 9/11 al-Qaeda terrorist attack, in both its surprise and savagery. The scale of deaths and human loss is enormous; Israel’s total population is around 9 million.

The United States and European Union have designated Hamas a terrorist organization because of its armed resistance against Israel. Hamas has sponsored years of suicide bombings and rocket attacks against Israel, claiming Jewish presence in Palestine is illegitimate, which is counter-historical and denied by the United States.

When Iowa Republicans gained the trifecta following the 2016 elections, defunding Planned Parenthood was near the top of their agenda. GOP legislators promised a new state-funded family planning program would increase access to reproductive health care and give women more options, especially in rural Iowa.

The latest official data, first reported by the Des Moines Register’s Michaela Ramm, show the program has flopped. In just five years, the number of Iowans receiving services such as contraception, pregnancy tests, Pap smears, and testing or treatment for some sexually transmitted infections dropped by 90 percent compared to the population served during the last year of the previous Medicaid waiver. The number of health care providers involved is down by a staggering 97 percent.

The Iowa Department of Health and Human Services has done almost nothing to promote the program, even as enrollment crashed.

The reality could hardly be more different from the scenario Republicans described in 2017: “connecting folks with their home health care” for essential services by taking Planned Parenthood’s mostly urban clinics out of the equation.

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

How long since you’ve read a story from an actual news conference with the United States president or the Iowa governor? Or since you’ve viewed one on TV?

Probably quite a while, and if you remember one, it probably took place quite a while after the one before that.

It used to be customary for a chief executive to hold regular press conferences, where reporters could ask questions, including followups. Not anymore. Today what passes for a “press conference” is usually a staged event where the executive reads a statement, maybe delivers a one-liner to one of the many shouted questions, and then exits stage right.

Russell Lovell was troubled by the segregation and discrimination he witnessed growing up in a small Nebraska town and resolved to work on civil rights while attending law school in his home state during the late 1960s. His passion for justice extended beyond his nearly 40-year career as a Drake Law School professor and recently earned Lovell an award from the Notre Dame Alumni Association “for his outstanding dedication to advancing civil rights and his commitment to providing experiential learning to the next generation of lawyers.”

Iowa-Nebraska NAACP President Betty Andrews nominated Lovell for the Rev. Louis J. Putz, C.S.C., Award, citing his “fifty years of exceptional NAACP pro bono civil rights advocacy.” As co-chairs of the Iowa-Nebraska NAACP and Des Moines Branch NAACP Legal Redress Committees, Lovell and fellow Drake Law Professor Emeritus David Walker have collaborated on eight amicus briefs submitted to the Iowa Supreme Court. They have also successfully pushed for systemic reforms to make Iowa juries more diverse.

The Iowa Chapter of the National Bar Association recognized Lovell’s civil rights work and advocacy for representative juries in 2020.

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association.

The image at the top of this post comes from the Linn County Republicans’ graphic promoting their upcoming October fundraiser. The event is billed as a Reagan Breakfast starting at 7:00 AM. We all know Reagan won’t be there. The former president, never one to get up that early, has been dead for nearly 20 years. 

A Reagan impersonator, the self-described MAGA presidential candidate Larry Elder, is the guest speaker. 

Banned Book Week runs from October 1 to October 7, 2023. The following letter, released on September 14, was co-signed by The Iowa City UNESCO City of Literature Board of Directors, Mayor Bruce Teague on behalf of the City of Iowa City, The Iowa City Public Library Trustees, The Iowa City Public Library Friends Foundation, The Coralville Public Library, The North Liberty Library, Think Iowa City, Iowa Small Library Association executive board, Prairie Lights, One Iowa, The Tuesday Agency, Iowa City Poetry, the Iowa Library Association, and Corridor Community Action Network.

An open letter to Governor Kim Reynolds and the Iowa legislature:

Iowa is home to one of the most literary cities on earth. It is here where the Iowa Writers’ Workshop produced some of the greatest voices in American Literature: Frank Conroy, John Irving, Wallace Stegner, Raymond Carver, Jane Smiley, Rita Dove, Ayana Mathis, Flannery O’Connor, Ann Patchett, and so many others. Iowa is also home to contemporary writers producing works of fiction and non-fiction that are both bold in truth-telling and revolutionary in voice.

It’s because of this legacy and the dedication of Iowans to producing great writing, that Iowa City was declared a UNESCO City of Literature in 2008. Often called the “Athens of the Midwest,” Iowa City has a unique set of influential literary institutions, which explore new ways to teach and  support writers. At the same time, it has long been, quite simply, a place for writers and for readers: a haven, a destination, a proving ground, and a nursery. Iowa has a history and an identity in which its citizens take enormous pride, prizing a role in celebrating and honoring writers and good writing.

On May 26, Iowa’s governor signed into law legislation that runs counter to that legacy. Senate File 496 prohibits books with written and visual depictions of sex acts from school libraries. The legislation also bans written materials and instruction on “gender identity” and “sexual orientation.” This law was passed under the pretense of protecting children, and yet what this law amounts to is a book ban that limits children’s freedom of expression and access to knowledge about the world around them.

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association. Top photo of Ta-Nehisi Coates speaking at Oregon State University on February 2, 2017 is by Theresa Hogue, available via Wikimedia Commons.

Steve Corbin made a solid point his latest column (published in Bleeding Heartland and later in the Cedar Rapids Gazette): “Many of today’s GOP-oriented governors and legislators, far rightwing groups, conservative media and Republican presidential candidates have either passed or supported book banning, anti-LGBTQIA and laws prohibiting teaching about racism.” 

“It’s a blatant attack on … the rights of students, parents, teachers, general public and book authors,” wrote Corbin. 

Corbin’s point is well-taken, and others have said the same, but action or litigation to blunt the attack is nonexistent. Where are the fair-minded parents, politicians, students, teachers, et al whose outrage could demand instructional integrity and curtail naive book bans? 

Education is shaping up to be a defining issue in an open-seat race for a strongly Republican Iowa House district.

State Representative Stan Gustafson, who currently represents House district 22, is planning to retire at the end of his current term. Samantha Fett, a former Carlisle school board member and chapter leader of Moms for Liberty, announced last month that she will seek the Republican nomination. Fett has spoken at several Iowa House or Senate meetings during the past two years, urging lawmakers to approve various education-related or anti-LGBTQ bills.

Garrett Gobble announced his candidacy for the same district in a September 8 Facebook post. He previously represented part of Ankeny in the Iowa House for one term. A recent guest commentary for the Des Moines Register indicated that Gobble hopes Governor Kim Reynolds and groups focused on school policies will stay out of his upcoming race.

“It was a great day to hear from Iowans,” Department of Management Director Kraig Paulsen told reporters on September 6. He was speaking in his role as chair of Iowa’s temporary Boards and Commissions Review Committee, after nearly 70 people had testified about proposed changes to more than 100 state boards and commissions.

The two-plus hour public hearing created the impression that affected Iowans had ample opportunities to provide feedback in person. The committee is also accepting comments submitted via email (BCRCcomments@iowa.gov) through September 17.

Although some testimony or written comments may prompt the committee to tweak its plans for certain boards, the reality is that in many ways, Paulsen and other committee members prevented Iowans from offering meaningful input on the proposed changes.

Pam Mackey Taylor is the Director of the Iowa Chapter of the Sierra Club.

This summer a new committee, mostly controlled by Governor Kim Reynolds, embarked on a project to review Iowa’s boards and commissions. The six members of the Boards and Commissions Review Committee worked mostly in secrecy, using two-member subcommittees to avoid open meetings law requirements. Members announced their draft recommendations on August 29.

Some of those recommendations would have far-reaching impacts on everyday Iowans and how state government is able to respond to the problems and issues we face, such as clean water, healthy air, and government regulations that work for all of us.

The recommendations appear to reduce and restrict public access and input in the decision-making process, as well as public oversight of state government agencies. These recommendations appear to consolidate power within the governor’s office, where decisions are made behind closed doors with as little public input as possible, and where the only people who have input are the lobbyists and friends of the governor.

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association.

Michael Stahr of Boone recently asked in a letter to the Des Moines Register, “Why won’t teachers cooperate with parents?” Aside from assuming facts not in evidence, his question is worthy of comment.

Stahr was responding to a guest column by public school educator Matt Pries, entitled “Educators should be in schools’ driver’s seat.” Stahr counters with, “A teaching certificate doesn’t mean that kids are the teacher’s. Nor are they the community’s. They are the parent’s.”

Stahr is not alone in harboring the “who owns kids” nonsense. The best answer is that a child belongs to him/herself or their selves. Parents are their kid’s first teachers, but youngsters get guidance along the way from friends and every other person they meet, especially teachers.

Unfortunately, Governor Kim Reynolds used the scary phrase “They’re coming for our kids” in her speech to Moms for Liberty last February. She wasn’t referring to the yellow buses that pick up kids each morning.

John Kearney is a retired philosophy professor who taught at Saint Joseph’s University in Philadelphia, Pennsylvania. He has lived in Waterloo, Iowa for the past six years.

Governor Kim Reynolds’ position on the abortion issue seems to be inextricably linked to her religious beliefs. Prior to signing House File 732 at the Family Leadership Summit in July, she thanked the team at the Christian conservative organization The FAMiLY Leader: “You have lifted me up in prayer, grounded me in God’s word, and reminded me that He is always in control.”

Later in her prepared remarks for the bill signing, the governor said: “We read in Scripture that the Author of life wants to give ‘a future and a hope’ to all his children. Who are we to stand in his way?” 

Pat O’Donnell is a resident of Sioux Center and spent 37 years serving in Iowa public schools as a teacher, principal and superintendent. He may be reached at patnancy@zoho.com.

On August 18, the Iowa PBS program “Iowa Press” hosted Josh Bowar, Sioux Center Christian School Head of School, and Jennifer Raes, principal of St. Anthony School, a Catholic institution in Des Moines. The topic for discussion: Iowa’s Students First Act, the new program directing state tax dollars to support private school tuition for every kindergarten through 12^th-grade student in the state.

The bill establishes a framework and financing for education savings accounts (ESAs), also known as vouchers, which eligible families may use to cover tuition, fees, and other qualified education expenses at Iowa’s accredited private schools.

Bernie Scolaro is a retired school counselor, a past president of the Sioux City Education Association, and current Sioux City school board member.

The Iowa State Fair may be a good place for conspirators to say the quiet part out loud in public and hardly get noticed. People are far too busy eating food on sticks and taking pictures of the Butter Cow. 

If you happened to watch Governor Kim Reynolds’ “fair-side chats,” you may have seen the governor clap gleefully as GOP presidential candidate Perry Johnson spoke of wanting to do away with the U.S. Department of Education.

Rule 1: Put it out there, normalize the concept to avoid real thought about what that would mean for our future students.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Late in the afternoon on Friday, August 18, attorney Anna Ryon filed a Motion to Stay Proceedings on behalf of Kerry Mulvania Hirth with the Iowa Utilities Board (Summit Carbon Solutions, LLC, IUB docket number HLP-2021-0001).

In the motion, Ryon asserts that Board staff “improperly coerced Ms. Hirth into relinquishing her right to participate in this proceeding that was granted by the Board on July 19, 2023.” Items 12 to 15 of the motion are reproduced in full below:

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

Deanna Mahoney was like countless Iowa women through the years. She nurtured three children. She worked outside the home to supplement the family income. She loved bowling and mushroom hunting.

That is how she lived.

How she died tells us so much about the way some business owners, and too many government leaders in Iowa, have pushed aside their legal, moral and humanitarian obligations, especially to vulnerable Iowans.

Photo of Vivek Ramaswamy at the Iowa State Fair by Greg Hauenstein, whose other Iowa political photography can be found here.

“Good things are going to happen in this country, and it just might take a different generation to help lead us there,” Vivek Ramaswamy said a few minutes into his “fair-side chat” with Governor Kim Reynolds on August 12. The youngest candidate in the GOP presidential field (he turned 38 last week) regularly reminds audiences that he is the first millennial to run for president as a Republican.

Speaking to reporters after the chat, Ramaswamy asserted, “it takes a person of a different generation to reach the next generation.” He expressed doubt that “an octogenarian can reinspire and reignite pride in the next generation,” and said his “fresh legs” can reach young voters by “leading us to something” instead of “running from something.”

But the candidate’s talking points—especially the “ten commandments” that typically cap his stump speech—are a better fit for an older demographic than for the young voters Republicans have been alienating for the past 20 years.

Sondra Feldstein is a farmer and business owner in Polk County and a plaintiff in the litigation discussed here. She took the photo above, showing the Geisler farm (the buildings in the distance) in the middle of farmland in eastern Polk County.

When the Iowa legislature debated the so-called “back the blue” law in 2021, a key component was the section adding qualified immunity to state code. At the time, public discussion focused on the impact this would have on law enforcement by providing protection from suits involving monetary damages. News stories, commentators, legislators, and Governor Kim Reynolds (when she signed the bill) all claimed qualified immunity would—depending on your point of view—either protect police officers no matter how egregious their conduct, or make it easier for officers to do their jobs without worrying about getting sued for a split-second decision.

Polk County District Court Judge Jeanie Vaudt recently applied the qualified immunity language to dismiss, with prejudice, a lawsuit plaintiffs (myself included) brought against the Polk County Supervisors over a zoning dispute. When a case is dismissed “with prejudice,” the only recourse is to appeal to the Iowa Supreme Court, rather than allowing the plaintiffs to amend their suit to address any issues of law or procedure the lower court may have found (which frequently happens).

If allowed to stand, this decision could be cited in denying any lawsuit brought against any Iowa governmental body, including the state itself. Goodbye efforts to hold governments accountable for their decisions, or for that matter, any effort to force Iowa governments to follow the law.

Writing under the handle “Bronxiniowa,” Ira Lacher, who actually hails from the Bronx, New York, is a longtime journalism, marketing, and public relations professional.

“As some day it may happen that a victim must be found
I’ve got a little list — I’ve got a little list
Of society offenders who might well be underground
And who never would be missed — who never would be missed!“
—Gilbert and Sullivan, from The Mikado

All around the state of Iowa, and perhaps soon in the 34 other states where legislation is bubbling, school districts are making not so little lists — of books to be removed from school libraries and classrooms. In Iowa the reason is Senate File 496, which, by accident or diabolic design closely resembles the title of Ray Bradbury’s novel Fahrenheit 451, in which a future authoritarian American government has criminalized all books and burns any they find. (The title relates to the temperature at which paper catches fire.)

Governor Kim Reynolds announced on August 2 that 109 Iowa National Guard soldiers were en route to Texas, where they will be deployed through September 1 “in support of Operation Lone Star to help secure the U.S. Southern Border following the end of Title 42.” In addition, the Department of Public Safety will send Iowa State Patrol officers to Texas from August 31 through October 2, to assist Texas state troopers with various law enforcement activities.

The governor’s news release confirmed that “federal funding allocated to Iowa from the American Rescue Plan” will cover “all costs” associated with these deployments. The statement went on to assert, “States are given flexibility in how this funding can be used provided it supports the provision of government services.”

Not so fast.

While the American Rescue Plan did give states more leeway than previous federal COVID-19 relief packages, ARP funds are still subject to detailed federal rules. A plain reading of those regulations suggests deploying Iowa National Guard and law enforcement to the U.S. border with Mexico does not fall under any eligible category.

Reynolds’ public statements about Operation Lone Star also confirm the mission is not related to the pandemic.

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

All the hoopla about next year’s Iowa Republican party caucus, now scheduled for January 15, suffers from at least two delusions.

One delusion is that former President Donald Trump, the current odds-on favorite to win the Iowa caucuses, is qualified to be president or, for that matter, hold any position of public trust and service.

The other delusion is that the rest of the nation should even care about the caucus outcome. We don’t warrant such status or consideration right now.

Nick Covington is an Iowa parent who taught high school social studies for ten years. He is also the co-founder of the Human Restoration Project, an Iowa educational non-profit promoting systems-based thinking and grassroots organizing in education.

On August 1, I got an email from my kids’ school district announcing a new required form I needed to fill out in response to Senate File 496, part of the slate of so-called Parents’ Rights provisions that Governor Kim Reynolds signed in May. The letter read in part:

Recently passed legislation, Senate File 496, requires that school districts receive written permission from parents and/or guardians regarding any request by a student to accommodate a gender identity, name or pronoun that is different from what was assigned to the student during the school registration process. This requirement also applies to all nicknames. (i.e. Sam instead of Samuel; Addy instead of Addison, etc.)

Iowa City Council Member Shawn Harmsen represents Iowa City District B, which includes the east side of Iowa City and the recently closed DOT office.

In a move that will unevenly harm Black and other communities in the Iowa City area through lack of service and voting disenfranchisement, a major department of Governor Kim Reynolds’ administration executed a surprise move from an easily accessible location near several neighborhoods to a remote edge of another city.

The Iowa Department of Transportation sent out a press release on July 21 telling the public that after three more days in the Iowa City location it has inhabited for decades, that office would no longer be there. It was a classic Friday afternoon news dump before the start of RAGBRAI.

The press release claims the new location, out by Theisen’s and Costco on the very edge of Coralville, “was chosen after an extensive search for a space that could better accommodate the volume of customers in the area.”  Unsurprisingly, these claims of “needing more space” and providing better customer service don’t stand up under any kind of scrutiny. In fact, as I will explain, the relocation looks less like an inept move than attempt to conduct racial and partisan voter suppression.

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association.

Before critical race theory (CRT) was named and studied in universities and used to frame legal arguments (and fell into disrepute among Republicans), I learned enough to qualify me as WOKE, at least on a scale with Iowa Governor Kim Reynolds—a low bar, I admit. 

It’s a bold claim, one based mainly on the fortuitous experiences of my youth, all before Iowa’s governor was born. 

As we know, Reynolds was born and reared in Iowa. She graduated from I-35 High School in 1977, and entered a typical middle-class life of occasional college classes, marriage, children, parenthood, jobs, and local politics beginning in the Clarke County treasurer’s office during the 1990s. She was elected to the Iowa Senate in 2008.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Rules and regulations need to be clear, orderly, and in one place so they can be completely understood and followed. This is especially true of those focused on concentrated animal feeding operations (CAFOs) as they impact the public health of 3.19 million Iowans and water quality of 70,297 miles of rivers and streams.

However, Chapter 65, the Iowa administrative code that regulates CAFOs, is becoming weaker, confusing, and more difficult to use under the dictates of Governor Kim Reynolds’ Executive Order Number Ten. Rather than have all pertinent information in one place, the executive order will fragment Chapter 65’s essential information and scatter it in several locations online and in offices around the state.

Executive Order Ten, dubbed “The Red Tape Review”, directs all agencies to reduce the number of words throughout the state’s entire code, eliminating language deemed unnecessary, redundant, or even too restrictive. Users will now have to search for specific Iowa statutes to completely understand and comply with CAFO rules and regulations. In the case of Chapter 65, some of the missing information will now be housed on the DNR’s website or obtained from a field office. Both environmental organizations and industry groups oppose this change.

The order requires agencies to develop a cost-benefit analysis for all the rules and regulations. We have serious concerns about how the CAFO industry’s financial interests may dominate public health and the environmental protections. The order also stipulates no new rules can be made more stringent than what is already in the code. Most CAFO regulations are anything but stringent and should be strengthened.

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring.

Most teaching happens in a classroom with only students in attendance. Occasionally, a visitor drops by, but that’s rare. However, teachers who direct choirs or bands, or coach or advise activities, have large public audiences chock full of experts ready to second-guess.

I was a high school English teacher and adviser for the yearbook and student newspaper. While it might differ from the pressure felt when a championship game was on the line, it had public pressure. The difference was the boo-birds weren’t in the bleachers, they were on the phone and email.

Dan Piller was a business reporter for more than four decades, working for the Des Moines Register and the Fort Worth Star-Telegram. He covered the oil and gas industry while in Texas and was the Register’s agriculture reporter before his retirement in 2013. He lives in Ankeny.

A cloud now scarcely capable of throwing shade has the potential to become a thunderstorm when country singer Jason Aldean performs on August 20 at the Iowa State Fair Grandstand.

In case you don’t watch Fox News, Aldean became the center of a music publicist’s dream controversy when the CMT country music channel yanked his “Try That in a Small Town” song/video from its playlist. CMT, with a wary eye on its audience demographic that includes both small town and big-city folks, didn’t say why “Small Town” was objectionable. But anyone who saw the video, with its images of urban rioters superimposed over the bucolic images of small towns, could get the message quickly.

Opinions can vary about the latest round of urban disruptions that began in 2020 with the killing of George Floyd by Minneapolis police, but the idea of small-town vigilantism seemingly endorsed by the song is disturbing.

Cato is an attorney who spent most of his career fighting for civil liberties and other public policy matters in Iowa. He is a lifelong Iowan. His legal interests include constitutional law (separation of powers), federalism, legislative procedures and public policy, and the laws of war. Editor’s note: Bleeding Heartland allows guest authors to publish under pseudonyms at Laura Belin’s discretion.

INTRODUCTION

The Iowa General Assembly changed some practices in light of the Iowa Supreme Court’s ruling in LS Power Midcontinent v. Iowa, which struck down the Right of First Refusal (ROFR) portion of the 2020 Budget Omnibus Bill (House File 2643) as violating Article III, Section 29 of the Iowa Constitution. Justice Thomas Waterman wrote the decision, joined by Chief Justice Susan Christensen and Justices Edward Mansfield and Christopher McDonald. Justices Dana Oxley, Matthew McDermott, and David May recused from the case.

In the weeks following the court ruling, Republicans in both the state House and Senate refused to answer questions during floor debate regarding ambiguities in legislation and other questions relating to how certain language will play out in the real world lives of Iowans. Iowa media covered those developments in April:

• Todd Dorman, Cedar Rapids Gazette, Iowa Senate GOP has no answers
• Zach Sommers, We Are Iowa, Iowa Republicans refuse to answer questions during debate, citing recent Iowa Supreme Court Case
• Stephen Gruber-Miller, Des Moines Register, Iowa Senate Republicans’ new strategy is to stop answering questions during bill debate
• Laura Belin, Bleeding Heartland, Republicans shatter another Iowa Senate norm
• Erin Murphy, Cedar Rapids Gazette,  Iowa Republicans self-censor debate, citing Supreme Court ruling

Senate and House Republicans seem to have stopped answering questions because the Iowa Supreme Court’s LS Power ruling extensively quoted comments Senator Michael Breitbach made while floor managing HF 2643. They apparently believe the Court used these floor comments as justification for striking down the ROFR provision at issue in that case. 

Attorneys for the state and for intervenors filed applications on April 7, asking the Court to reconsider its conclusions and holdings in the ruling. LS Power filed its response on April 19. The Supreme Court denied the request for a rehearing on April 26 without much explanation. An amended opinion released on May 30 corrected some (but not all) factual inaccuracies in the initial ruling. 

The General Assembly adjourned its legislative session on May 4 without any action in response to the court denying the requests for a rehearing. Only time will tell how this constitutional impasse between the legislative and judicial branches gets resolved. Paths available to both branches could restore the balance of power without escalating the dispute. 

Regardless of how long it takes or how the dispute gets resolved, Iowans must never forget that your constitution exists for the sole purpose of protecting and guaranteeing your individual rights and liberties as free and independent People. Iowa Const. Art. 1, Sec. 2 (“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”). 

This article hopes to explain why the Iowa Supreme Court and Republicans in the Iowa House and Senate are both guilty of violating the Iowa Constitution, while also seeking to provide a framework to resolve the impasse between the legislative and judicial branches. Similarly, this article hopes to persuade a future litigant to nudge the court in the right direction in a future case, and to persuade the people to nudge the General Assembly in the right direction consistent with this constitutional framework. 

To that end, here is the analysis of Article III, Section 29 of the Iowa Constitution from the perspective of the Iowa People.