# Labor



Republican Brian Moore retiring, opening up Iowa House district 58

One of the best pickup opportunities for Democrats in the Iowa House got better on Thursday, as three-term Republican State Representative Brian Moore told KMAQ Radio in Maquoketa that he will not run for re-election in House district 58. After an unsuccessful bid for the Democratic nomination in an Iowa Senate district, Moore switched parties, filed in a House seat where there was no Republican challenger, and pulled off one of the most shocking Iowa state legislative upsets in 2010. He won a re-match against Tom Schueller in the next election cycle and defeated challenger Kim Huckstadt by a comfortable margin in 2014.

House district 58 is among the most Democratic-leaning legislative seats currently held by a Republican. In 2012, Barack Obama received 55.6 percent of the vote here; only residents of House district 91 in the Muscatine area gave a higher percentage of their votes to the president while electing a Republican to the Iowa House. According to the latest figures from the Iowa Secretary of State’s office, House district 58 contains 6,968 active registered Democrats, 4,726 Republicans, and 9,151 no-party voters.

Moore has not always fallen in line with House Republican leaders. In late December, he told William Garbe of the Dubuque Telegraph-Herald that he may break with his caucus during this year’s session to support a larger funding increase for K-12 schools. Fellow GOP State Representatives Quentin Stanerson and Ron Jorgensen are also retiring this year and are known to have been dissatisfied with the final compromise on education funding last year. Moore’s announcement will increase speculation that State Representative Josh Byrnes may not seek a fourth term in House district 51. He challenged Linda Upmeyer for the speaker’s chair last summer. After losing that contest, Byrnes criticized excessive partisanship and the failure to meet deadlines for approving school funding. In 2013, Byrnes and Moore were the only two House Republicans to vote with Democrats to expand Medicaid as foreseen under the Affordable Care Act.

Democrat Peter Hird launched his campaign in House district 58 in October. I enclose below some background on Hird and a map of the district, which covers all of Jackson County, a large area in Jones County and two rural Dubuque County townships. Pat Rynard profiled Hird at Iowa Starting Line last month. I would not be surprised to see another Democrat file to run for this seat, since the winner of the primary will have a good chance of being elected in November.

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Sorting Through the Job Creation Shenanigans of Politicians and Special Interests

Dave Swenson

Elected officials are keen to flash their job creation scorecard even though local and state government officials don’t really create many jobs. The economy in the aggregate creates the overwhelming majority of jobs, and some of those jobs locate in our cities, counties, and state. For elected officials, though, if it happened on their watch, ipso facto, they’ve created jobs. Credit is always claimed.

When job “creation” (see above) becomes the measure of public service performance, however lacking in substance or result, we inevitably get phony statistics, misleading inferences, or dubious claims. Sometimes politicians cherry-pick the numbers to make the best case possible. And sometimes politicians or their willing accomplices create brand new statistics.

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Congress approves spending bill and tax extenders: How the Iowans voted

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The good news is, the federal government won’t shut down before the end of the current fiscal year on September 30, 2016. The bad news is, members of Congress snuck some awful provisions in the “omnibus” budget bill and package of tax cut or tax credit extensions that just cleared the U.S. House and Senate. You know leaders aren’t proud when they bury news about a deal during another event occupying the political world’s attention, in this case Tuesday night’s Republican presidential debate. I enclose below background on key provisions in the bills, as well as statements from the Iowans in Congress. I will update this post as needed.

The House held separate votes on the “tax extenders” and the omnibus. Republicans were nearly united in support of the tax bill (confusingly named “On Concurring in Senate Amdt with Amdt Specified in Section 3(b) of H.Res. 566”), which passed yesterday by 318 votes to 109 (roll call). The Democratic caucus was split; Naomi Jagoda and Cristina Marcos reported for The Hill that House Democratic leaders “opposed the tax package” but “did not whip their members against it.” Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04) all voted for the tax extenders; so did Democratic Representative Dave Loebsack (IA-02), one of 77 House Democrats to do so.

Loebsack was the only Iowan to vote for the omnibus bill, which easily passed this morning by 316 votes to 113 (roll call). Most of the Democratic caucus supported the bill that keeps the federal government open for at least nine more months; just 18 Democrats voted against it.

Although House Speaker Paul Ryan and his team persuaded 150 Republicans to vote for the budget measure, 95 Republicans opposed it, including all three Iowans. Blum and Young appear to have concluded that the bill was simply too expensive. King’s main objection was that none of his nine amendments were included in the final deal. Click through to read the texts of those amendments, which would have barred the use of appropriated funds for: enforcing the 2010 Affordable Care Act (health care reform law); implementing President Barack Obama’s executive orders to provide temporary protection against deportation for some immigrants who entered the country without permission; enforcing the U.S. Supreme Court decision that legalized same-sex marriage nationwide; supporting any activities of Planned Parenthood Federation of America or any of its clinics, affiliates, or successors; implementing or enforcing any change to the U.S. EPA’s Waters of the United States rule; resettling refugees; implementing the multilateral deal struck earlier this year to prevent Iran from obtaining nuclear weapons; implementing any regulation that stemmed from the recent international agreement to combat climate change; or expanding the use of H-2B visas.

The Senate combined the tax extenders and budget bills into one package, which passed this morning by 65 votes to 33 (roll call). Iowa’s Senators Chuck Grassley and Joni Ernst both voted no; in the statements I’ve enclosed below, Grassley went into greater detail about his reasons for opposing the package. However, earlier this week he released a separate statement bragging about some of the provisions he helped to insert in the tax legislation. Members of Congress from both parties use that sleight of hand.

Among the presidential candidates, Bernie Sanders, Ted Cruz, and Rand Paul voted against the omnibus, Lindsey Graham voted for it, and unbelievably, Marco Rubio missed the vote. What is wrong with this guy? He “has missed more than half of the Senate’s votes since October,” Jordain Carney reported for The Hill. I think not showing up for Senate work will hurt Rubio in Iowa, though not having a strong field operation will hurt him more.

The Senate is now adjourned until January 11 and the House until January 5. During the winter recess, Bleeding Heartland will catch up on some of the Iowa Congressional voting not covered here during the late summer and fall.

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Thoughts on Terry Branstad's longevity and legacy

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December 14 marked 7,642 days that Terry Branstad has been governor of Iowa, making him the longest-serving governor in U.S. history, according to Eric Ostermeier of the Smart Politics website. Because most states have term limits for governors, “The odds of anyone passing [Branstad] in the 21st Century are next to none,” Ostermeier told Catherine Lucey of the Associated Press.

Speaking about his legacy, Branstad has emphasized the diversification of Iowa’s economy, even though a governor has far less influence over such trends than Branstad seems to believe. Some have cited “fiscal conservatism” as a hallmark of Branstad’s leadership. I strongly disagree. The man who has been governor for nearly half of my lifetime is stingy about spending money on education and some other critical public services. He opposes bonding initiatives commonly used in other states to fund infrastructure projects (“you don’t borrow your way to prosperity”). But he is happy to provide tens of millions or hundreds of millions of dollars in tax breaks to corporations that don’t need the help, without any regard for the future impact of those tax expenditures on the state budget. Many of Iowa’s “giveaways” in the name of economic development will never pay for themselves.

Branstad’s governing style has changed Iowa in important ways. He has altered Iowans’ expectations for their governor. He has expanded executive power at the expense of both the legislative branch and local governments. And particularly during the last five years, he has given corporate interests and business leaders more control over state policy. More thoughts on those points are after the jump, along with excerpts from some of the many profiles and interviews published as today’s landmark approached.

P.S.- Speaking of Branstad doing what business elites want him to do, Iowa Public Television’s “Governor Branstad: Behind the Scenes” program, which aired on December 11, included a telling snippet that I’ve transcribed below. During a brief chat at the Iowa State Fair, Iowa Board of Regents President Bruce Rastetter asked Branstad to call Bruce Harreld, at that time one of the candidates to be president of the University of Iowa. That Rastetter asked Branstad to reassure Harreld was first reported right after the Board of Regents hired the new president, but I didn’t know they had the conversation in public near a television camera.

P.P.S.-Now that Branstad has made the history books, I remain convinced that he will not serve out his sixth term. Sometime between November 2016 and July 2017, he will resign in order to allow Lieutenant Governor Kim Reynolds to run for governor in 2018 as the incumbent. Although Branstad clearly loves his job, he is highly motivated to make Reynolds the next governor. She lacks a strong base of support in the Republican Party, because she was relatively inexperienced and largely unknown when tapped to be Branstad’s running mate in 2010. Even assuming she is the incumbent, Reynolds strikes me as more likely to lose than to win a statewide gubernatorial primary. Remaining in Branstad’s shadow would give Reynolds little chance of topping a field that will probably include Cedar Rapids Mayor Ron Corbett and Iowa Secretary of Agriculture Bill Northey.

P.P.S.S.-I will always believe Branstad could have been beaten in 1990, if Democrats had nominated a stronger candidate than Don Avenson. Attorney General Tom Miller lost that three-way primary for one reason only: he was against abortion rights. Miller later changed that stance but never again ran for higher office.

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IA-03: More signs Chet Culver may run

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Former Governor Chet Culver “is getting closer” to joining the Democratic field in Iowa’s third district, Civic Skinny reports in the latest edition of the weekly Cityview.

He is looking at the numbers — the money numbers and the registration numbers — and lining up a staff. He is studying the issues and talking to longtime supporters. He is looking at the problems of running — and, he hopes, serving — while still being a good father to two teenagers and a supportive husband to a wife who works part-time as a lawyer in Des Moines. […]

Culver says he is getting in shape physically for a run and just got a good report from his doctor.

Last week, Culver made clear that he would enjoy returning to public service, views IA-03 as a “good fit,” and is confident he could raise the resources to run a successful campaign.

Civic Skinny speculated that beating the other likely candidates in the Democratic field (Desmund Adams, Jim Mowrer, and Mike Sherzan) “probably wouldn’t be hard [for Culver], with his name recognition and zest for campaigning.” But I would expect a battle royal in an IA-03 primary involving the former governor. Not only has Mowrer lined up support from many prominent local Democrats, he is rumored to have strong backing in labor circles. Culver’s uneasy relationship with organized labor dates to the 2006 gubernatorial primary, when some large unions including AFSCME endorsed his main rival Mike Blouin. The bad blood really set in when the governor vetoed a collective bargaining bill in 2008.

It’s also important to remember that for a Congressional race, Culver will not be able to collect very large donations from his strongest supporters. Individual contributions for federal candidates max out at $2,700 for the primary election and $2,700 for the general election (but that money can’t be used until after the June 2016 primary). During the first four months of 2006, Culver’s campaign for governor collected $25,000 gifts from three donors, $10,000 from five more donors, and $5,000 from more than a dozen others. Two more $10,000 gifts and some $5,000 checks came in during the final weeks before the 2006 primary. Culver’s 2005 campaign disclosure report included several $10,000 gifts and one for $15,000 as well.

Running a Congressional primary campaign will be less expensive than running for governor statewide, especially since about two-thirds of the registered Democrats in the district live in Polk County. Nevertheless, Culver will have a short time span to raise a lot of money in increments of no more than $2,700 from any one person.

Any comments about the IA-03 campaign are welcome in this thread.

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District Court lets stand Branstad veto of mental health institute funding

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

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AFSCME President Danny Homan elected Iowa Democratic Party first vice chair

The Iowa Democratic Party’s State Central Committee elected Danny Homan to serve as first vice chair today. Homan is the longtime president of AFSCME Iowa Council 61, the state’s largest public-employee union. He is a frequent critic of Governor Terry Branstad and has been a plaintiff in several lawsuits against the governor. Most recently, Homan and twenty Democratic state lawmakers challenged Branstad’s actions to close two state-run mental health institutions. A Polk County District Court judge just heard motions in that case on October 8 and is expected to rule during the next 30 days. Homan was also involved in the unsuccessful lawsuit challenging the governor’s closure of the Iowa Juvenile Home, as well as a case that produced a unanimous Iowa Supreme Court ruling saying Branstad had improperly exercised his veto power. However, that 2012 ruling did not force the state to reopen any Iowa Workforce Development field offices, the closure of which had prompted the lawsuit.

Jim Mowrer was elected first vice chair in January but stepped down from that position in August, when he launched his Congressional campaign in the third district.

Joe Stutler, a central committee member from Marion (Linn County) who is active on civil rights and veterans issues, also ran for first vice chair today. Stutler is currently vice chair of the Iowa Democratic Party’s Disability Caucus.

I enclose below the Iowa Democratic Party’s press release announcing Homan’s election.

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Iowa Senate district 16 primary preview: Pam Dearden Conner vs. Nate Boulton

A generational battle is shaping up in the Democratic primary to replace State Senator Dick Dearden, who has represented parts of Des Moines in the legislature since 1995. Dearden recently disclosed plans to retire in 2016. Like last year’s campaign to replace Jack Hatch in Iowa Senate district 17 on the south side of Des Moines, the June primary will determine Dearden’s successor.

Senate district 16 covers heavily Democratic neighborhoods on the east side of Des Moines, and also the growing suburb of Pleasant Hill. A detailed map is after the jump. The latest figures from the Iowa Secretary of State’s Office indicate that the district contains 14,624 active registered Democrats, 6,978 Republicans, and 10,106 no-party voters. Dearden was unopposed in 2004 and defeated his Republican challengers by wide margins in 2008 and in 2012.

More candidates may enter the race later, but for now the primary will pit the incumbent’s daughter Pam Dearden Conner against labor attorney Nate Boulton. Iowa Labor Commissioner and former Secretary of State Michael Mauro endorsed Conner on Facebook this past weekend. She is his administrative assistant and also worked for him in the Polk County Election Office and the Secretary of State’s Office. Many other longtime friends and backers of Senator Dearden have expressed their support for Conner’s campaign on social media.

Nate Boulton is a partner in a law firm that has represented Iowa’s largest pubic employee union (AFSCME) in several high-profile cases against Governor Terry Branstad’s administration. Since last Friday, many Democratic activists in their 20s and 30s have promoted his candidacy on social media. Bouton’s on Twitter here, and his campaign is on Facebook here.

I enclose below press releases from each candidate, containing short biographies and statements of values. Both Conner and Boulton have strong pro-labor credentials and are pledging to support consensus Democratic priorities like education. Boulton’s statement hints at the case he will make in the primary, promising to “be an active and engaged representative of district interests” and to “bring bold progressive ideas and a fresh, energetic style of leadership to the Iowa Senate.” Such phrases allude to the fact that Dearden, while a solid vote in the legislature, has never been at the forefront of progressive fights. In fact, I’m hard-pressed to think of a cause he has led on, besides bringing back dove hunting, which isn’t a partisan issue. Dearden didn’t accomplish that longstanding goal until Governor Terry Branstad was back in office.

Two (or perhaps more) committed candidates working hard to identify and turn out supporters next June can only help Democratic GOTV in the general election. Here’s hoping for a competitive race that doesn’t turn bitter and negative, as happened in Senate district 17 last spring.

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Judge denies motion to dismiss lawsuit over Branstad closing mental health facilities

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

Heather Anderson for Des Moines School Board District 1

I always vote in school board elections, even non-contested ones, to prevent any stealth write-in candidate from winning. But until this year, I had never knocked on doors for a school board candidate. Nor have I endorsed a school board candidate at Bleeding Heartland before now.

Heather Anderson would be an exceptional voice on the Des Moines School Board. She is a creative thinker, hard worker, and good listener.

Anderson was one of five finalists for the Iowa Department of Education’s Iowa Teacher of the Year. She won the Iowa Division of the Izaak Walton League’s Teacher of the Year award. She won the Iowa State Education Association’s Excellence in Education Award too. None of those honors surprised anyone who had seen her in action.

Before either of my sons was assigned to Anderson’s classroom, I was aware of her efforts to enrich the learning environment at their elementary school. During the years she taught my sons, I continually saw her go above and beyond for her students and colleagues.

Watching her interact with children and adults in the classroom, on field trips, or at other school events, I saw how well Anderson relates to people with different temperaments and personality types. I think she possesses a rare combination of traditional intelligence (the “ability to learn, understand, and apply information and skills”) and interpersonal relationship skills (often called “EQ”).

Over the past decade, the Des Moines School Board has been too willing to go along with the recommendations of the superintendent, whoever he or she may be. I believe Anderson would provide a counterweight to what appears to be a “business as usual” board culture.

You can read more about Anderson’s background and comments from other supporters on her campaign website. The Des Moines Education Association, South Central Iowa Federation of Labor, and Central Iowa Building & Construction Trades Council have endorsed her candidacy.

If you live on the northwest side of Des Moines or in the Windsor Heights neighborhoods that are part of the Des Moines School District, I hope you will give Anderson your serious consideration for the District 1 seat. After the jump I’ve enclosed a map showing the district boundaries. Polls are open on Tuesday, September 8, from 7:00 am to 8:00 pm.

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Background on Kim Weaver, Democratic challenger to Steve King in IA-04

While the four presidential hopefuls attracted the most attention at last night’s “Wing Ding” in Clear Lake, some big Iowa political news preceded their pitches. Kim Weaver delivered her first major speech as a Congressional candidate in the fourth district. Given the smooth delivery, I would never have guessed she hasn’t run for office before.

After telling the audience a little about her background, Weaver talked about some of her key issues: protecting Social Security, Medicare, and Medicaid; supporting the middle class; raising the minimum wage; fighting to change a “predatory” student loan system; supporting women’s access to health care; immigration reform including a pathway to citizenship; clean water and environmental protections. The packed house frequently applauded, especially loudly when Weaver said, “These are some of the things I stand for. What I stand against is Steve King.” Iowa Democrats love to hate King. Weaver argued the seven-term incumbent “doesn’t represent Iowa values,” citing his offensive comments about immigrants and votes against Katrina aid and even a Farm Bill (because he thought it contained too much hunger assistance).

Weaver’s campaign is online at WeaverforCongress.com, as well as on Facebook and Twitter. Her website contains brief statements on most of the issues her stump speech covered. After the jump I’ve posted her announcement video and excerpts from her official bio.

Taking on King is a daunting task for any Democrat. The 39 counties in IA-04 contain 119,020 active registered Democrats, 176,515 Republicans, and 174,355 no-party voters, according to the latest figures from the Iowa Secretary of State’s office.

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Why Jim Webb Deserves The Support of Democratic Voters

(Bleeding Heartland welcomes guest posts, including advocacy for candidates and first-person accounts of Iowa caucus campaign events. Paid staffers or consultants for candidates must disclose that fact if they write about the campaign they're promoting. - promoted by desmoinesdem)

Jim Webb is focused on executive leadership and getting proven results. Candidates that simply use applause lines to get votes will not be able to get results when they find themselves in a jam with Congress. Webb deserves your consideration in the Democratic nominating process because he delivered on the Post 9-11 G.I. Bill, which was a piece of legislation that he wrote before he came to the U.S. Senate. The Post 9-11 G.I. Bill has allowed millions of veterans advance their education and reach their true occupational goals. Jim Webb got results as a pro-bono attorney advocating for veterans that needed to navigate the bureaucracy of the Veterans Administration.

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Weekend open thread: Hall of Fame and Family Leadership Summit edition

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

All five Democratic presidential candidates appeared at the Iowa Democratic Party’s Hall of Fame dinner in Cedar Rapids on Friday night. I’ve posted below my impressions from the speeches; you can watch the videos on C-SPAN. It’s a shame the venue couldn’t accommodate more people, because lots of interested Iowa Democrats were unable to get tickets for the event.

Before the Hall of Fame dinner, I spent some time with an old friend who’s a huge Hillary Clinton supporter. Huge, as in, she didn’t take down her Hillary yard sign until the grass was long enough to need mowing in the spring of 2008. She mentioned to me that she’s relieved to see Clinton working hard this year instead of “ignoring” Iowa like last time. When I told my friend that Hillary visited Iowa more than 30 times in 2007, spending all or part of 70 days in the state, she was surprised. I’m amazed by how many Iowans have bought into the media-constructed narrative that Clinton “bombed” in the caucuses because she took the state for granted.

Ten Republican presidential candidates came to Ames on Saturday for the Family Leadership Summit organized by Bob Vander Plaats’ FAMiLY Leader organization. C-SPAN posted all of those speeches here. As usual, Donald Trump sucked up most of the oxygen in the room by questioning whether Senator John McCain had been a hero during the Vietnam War. O.Kay Henderson posted the audio at Radio Iowa. Rival presidential candidates with the exception of Ted Cruz rushed to condemn Trump’s remarks. Some of the Family Leadership Summit attendees may have been more upset by Trump’s comments about his three marriages and his admission that when he’s done something wrong, “I don’t bring God into that picture.”

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AFSCME, 20 Democratic legislators sue Branstad over mental health closures (updated)

Iowa’s largest public employee union and 20 Democratic state legislators filed a lawsuit today challenging the closure of mental health institutes in Mount Pleasant and Clarinda. I enclose below a press release from AFSCME Council 61, which lists the six state senators and fourteen state representatives who joined the lawsuit naming Governor Terry Branstad and Department of Human Services Director Chuck Palmer.

The Branstad administration announced plans in January to close two of Iowa’s four in-patient mental health facilities. State legislators were neither consulted nor notified in advance. The Department of Human Services started winding down operations well before the end of the 2015 fiscal year. Democrats fought to include funding for the Clarinda and Mount Pleasant institutes in the budget for the current fiscal year, but Branstad item-vetoed the appropriation. The lawsuit contends that closing the facilities violates Iowa Code, which holds that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. The governor’s communications director told KCCI that AFSCME’s leader in Iowa “is resistant to change” and that the closed “centers were not suited to offer modern mental health care.”

The Iowa legislature’s decision next year on whether to fund the Clarinda and Mount Pleasant facilities will be critically important. The Iowa Supreme Court recently dismissed the lawsuit challenging the closure of the Iowa Juvenile Home in 2014, without considering the merits of that case, on the grounds that the legislature made the issue “moot” by no longer appropriating state money to operate that facility. By refusing to include funding for the two closed mental health institutes in the budget for fiscal year 2017, Iowa House Republicans could bolster the Branstad administration’s efforts to defeat the lawsuit filed today.

UPDATE: Added more speculation about this lawsuit’s prospects below.

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Branstad insists on keeping administrative law judges "at-will," easier to fire

Not for the first time and probably not for the last time, Governor Terry Branstad dropped a lot of line-item vetoes late in the afternoon before a holiday weekend. Early news reports are understandably focusing on the vetoes of one-time funding for K-12 education and state universities, as well as language that would have kept mental health institutions in Clarinda and Mount Pleasant open. Bleeding Heartland has a post in progress about the fallout from those actions and others, including Branstad’s decision to strike language that would have expanded child care assistance.

Democratic State Representative Sharon Steckman called attention to several other line-item vetoes that flew below the radar yesterday. One of them seems particularly important, as it could put the State of Iowa at odds with U.S. Department of Labor demands to “strengthen Iowa’s compliance with Federal law” and keep administrative law judges “free from actual or perceived intimidation.”

JULY 6 UPDATE: The vetoed language pertained to administrative law judges working for the Public Employment Relations Board, not Iowa Workforce Development; see further details below.

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Congress passes "fast-track" trade promotion authority: How the Iowans voted

Less than two weeks after an embarrassing defeat for President Barack Obama’s trade agenda, a trade promotion authority bill is headed to the president’s desk. The trade promotion authority legislation, often called “fast-track” or TPA,

will allow the White House to send trade deals to Congress for up-or-down votes. The Senate will not be able to filibuster them, and lawmakers will not have the power to amend them.

The expedited process, which lasts until 2018 and can be extended until 2021, greatly increases Obama’s chances of concluding negotiations on the TPP [12-country Trans-Pacific Partnership], which is a top goal of the president’s.

Follow me after the jump for details on how the Iowans in Congress voted on the latest trade-related bills. Bleeding Heartland covered the Iowans’ legislative maneuvering in late May and early June here. For background and context, I highly recommend David Dayen’s article for The American Prospect magazine, which covers the modern history of trade negotiations and how fast-track emerged some 40 years ago. Dayen also explores “the political transfer of power, away from Congress and into a potent but relatively obscure executive branch office: the United States Trade Representative (USTR).”

I also enclose below some Iowa reaction to the latest Congressional voting on trade. Representative Steve King (IA-04) highlighted one angle I hadn’t heard before, claiming victory because new language allegedly will prevent the president from negotiating provisions on climate change or immigration in trade agreements. UPDATE: Those provisions may not stay in the related bill King is counting on. More on that below.

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Iowa Supreme Court dismisses case on Iowa Juvenile Home closure

This morning the Iowa Supreme Court unanimously dismissed a lawsuit brought by Democratic state lawmakers and a public employee union leader to challenge the closure of the Iowa Juvenile Home without legislative input in the middle of the 2014 fiscal year. The seven justices reversed a Polk County District Court ruling from February 2014, which had ordered the Branstad administration to reopen the home.

The full text of Justice Edward Mansfield’s decision is available here (pdf). Follow me after the jump for key points and excerpts. The central factor in the ruling was the Iowa legislature’s failure to appropriate funds to operate the Iowa Juvenile Home for the 2015 fiscal year.

Today’s news is a classic example of elections having consequences. Had Democrats recaptured the Iowa House majority in 2012, which could easily have happened with better allocation of resources, lawmakers in both chambers would have funded the home for girls during the 2014 legislative session. That in turn would have prompted the Iowa Supreme Court to view the lawsuit over the juvenile home closure differently.

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House passes first 2016 spending bills: How the Iowans voted

Catching up on Congressional news, last week the U.S. House approved a joint Republican framework setting top-line numbers for the federal budget as well as the first two spending bills for the 2016 fiscal year, which begins on October 1. Along the way, House members considered amendments covering a wide range of issues, from regulations on incandescent light bulbs to “prevailing wage” rules for federal construction projects to medical marijuana advice for Americans who receive their health care through the Veterans Administration.

Follow me after the jump for details on the latest votes by Iowa Democrat Dave Loebsack (IA-02) and Republicans Rod Blum (IA-01), David Young (IA-03), and Steve King (IA-04).

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New Iowa Workforce Development Director cleaning up Teresa Wahlert's mess

Iowa Workforce Development Director Beth Townsend is implementing key recommendations from the U.S. Department of Labor to resolve concerns about the previous agency director’s actions. Townsend’s actions provide a refreshing contrast to Teresa Wahlert’s management of Iowa Workforce Development, which sparked recurring controversy and not one, not two, but three lawsuits.

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Mid-week open thread: Pregnancy discrimination edition

All topics are welcome in this open thread. What news stories captured your attention lately?

Although Congress acted during the 1970s to ban employers from discriminating against pregnant women, both attorneys and women have told me over the years that pregnancy discrimination remains common in the workplace. The U.S. Supreme Court weighed in today in the case of Young v. United Parcel Service. I enclose below some links about this important ruling.

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Weekend open thread: Ross Paustian "Sex After Sixty" edition

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

The most important Iowa political story of the week was state Republican leaders hounding consultant Liz Mair out of a job with Scott Walker’s PAC. Colin Campbell compiled Mair’s tweets about the episode for Business Insider, and they are well worth reading. I’m still annoyed by the collective Republican temper tantrum and the Des Moines Register’s pandering.

A different Iowa political event drew even more attention, though, including a segment on ABC’s Good Morning America show. The fateful photo of Republican State Representative Ross Paustian might have been a footnote to a long Iowa House debate on a collective bargaining bill. But because the lawmaker was apparently reading a book called Sex After Sixty, the photo went viral and could easily become what Paustian is most remembered for when his political career is over. I enclose below background, Paustian’s explanation and a few thoughts on the sometimes cruel nature of politics.

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U.S. Department of Labor wants Branstad administration to clean up Teresa Wahlert's mess

The U.S. Department of Labor’s Employment and Training Administration has given Iowa Workforce Development Director Beth Townsend a list of tasks to “strengthen Iowa’s compliance with Federal law” and address various concerns about the actions of Teresa Wahlert, Townsend’s predecessor.

It’s another sign that while Wahlert may not be Governor Terry Branstad’s worst appointee during his current administration, she’s a solid contender.

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New AFSCME contract: Branstad gets his way on salaries but not on health insurance

For the third time in a row, binding arbitration was needed to finalize a two-year contract for state workers covered by Iowa’s largest labor union. For the first time in decades, workers covered by American Federation of State, County and Municipal Employees (AFSCME) will pay a small amount toward their health insurance premiums, but not nearly as large a share as Governor Terry Branstad wanted them to contribute.

On the other hand, the arbitrator accepted the state’s final offer on salary increases for the roughly 40,000 public employees covered by AFSCME Iowa Council 61. Details are after the jump.

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Iowa Senate approves bills on wage theft, minimum wage increase

While the gasoline tax increase grabbed most of the attention, the Iowa Senate approved two other significant bills on Tuesday. Senate File 270 would combat Iowa’s wage theft problem, estimated to cost workers about $600 million annually. After the jump I’ve enclosed State Senator Bill Dotzler’s opening remarks on the bill, which cover its key provisions. Victims of wage theft testified at an Iowa Senate hearing in late January, and when you hear their stories, it’s hard to understand why this remains a partisan issue.

It makes sense when you read the lobbyist declarations on the bill, showing various labor groups in favor and business groups opposed (including the Iowa Association of Business and Industry, the National Federation of Independent Business, the Iowa Retail Federation, the Iowa Grocery Association, and the Iowa Propane Gas Association). During the Senate Labor and Business Committee’s hearing on wage theft, GOP Senator Rick Bertrand had criticized the idea of forcing more “paperwork” on all Iowa businesses because a minority are stealing wages from workers. Democrats later incorporated some amendments suggested by Bertrand. Nevertheless, the final vote on Senate File 270 was strictly partisan, with 26 Democrats in favor and 23 Republicans against. Senators approved a similar bill last year, also along party lines. It died in the Iowa House.

Senate File 269, which would raise Iowa’s minimum wage from $7.25 to $8.00 this year and to $8.75 next year, cleared the Iowa Senate on February 24 as well. This time Bertrand joined the 26 Democrats in voting for the bill; the other 22 Republicans who were present opposed it. For the last couple of years, many Democrats nationally and in Iowa have endorsed a minimum wage of $10.10.  I assume Senate File 269 set a lower goal in the hope of attracting bipartisan support, but I would have stuck with $10.10. Not only is that closer to a living wage, it’s closer to the purchasing power of Iowa’s minimum wage the last time it was raised in early 2007.

Incidentally, only three of the current Iowa Senate Republicans were in the legislature when Iowa last raised the minimum wage in 2007. Of those, David Johnson voted for raising the minimum wage to $7.25, while Brad Zaun and Jerry Behn voted against it.

Republican statehouse leaders have no interest in raising the minimum wage now, but when a minimum wage increase came to a vote in 2007, it passed with huge bipartisan majorities in both chambers. At that time, supporters included nine current Iowa House Republicans: Kraig Paulsen (now Iowa House Speaker), Linda Upmeyer (now Iowa House Majority Leader), Clel Baudler, Dave Deyoe, Cecil Dolecheck, Jack Drake, Dan Huseman, Linda Miller and Dawn Pettengill (she was a House Democrat at that time but switched to the Republican Party later in 2007). Seven of the current Iowa House Republicans voted against raising the minimum wage to $7.25 in 2007: Greg Forristall, Pat Grassley, Tom Sands, Chuck Soderberg, Ralph Watts, Matt Windschitl, and Gary Worthan.  

Any relevant comments are welcome in this thread.

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Obama vetoes Keystone XL pipeline bill, with Iowa reaction

As expected, President Barack Obama vetoed a bill that would have forced approval of the Keystone XL pipeline. In his message to Congress, Obama said the bill “conflicts with established executive branch procedures and cuts short thorough consideration of issues that could bear on our national interest — including our security, safety, and environment.”  

Republican leaders will attempt to override the veto, but those efforts will almost certainly fail, since the bill didn’t muster a two-thirds majority in either the House or the Senate. The next likely step is for Congressional Republicans to attach language on Keystone XL to some other “must-pass” bill. I am concerned that under those conditions, language on the pipeline would not be a deal-breaker for Obama.

All four Iowans in the U.S. House supported the Keystone XL bill, as did Senators Chuck Grassley and Joni Ernst. I haven’t seen any official comment on the veto from Representatives Rod Blum (IA-01), Dave Loebsack (IA-02), David Young (IA-03), or Steve King (IA-04). After the jump I’ve posted the full text of the president’s veto message, along with reaction from Grassley and Ernst. I will update as needed.

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IA-01 Democratic candidate news roundup

Another Democrat is moving closer to a Congressional bid in Iowa’s first district. The Daily Iowan reported several days ago that Ravi Patel “is assembling campaign operatives and meeting with influential donors in Eastern Iowa in preparation for the run.” He is best known as principal and president of Hawkeye Hotels, a fast-growing company his parents established. Pat Rynard wrote on the Iowa Starting Line blog that Patel “has built connections from holding many fundraisers for Democratic candidates” and is “an entrepreneur involved in many startup businesses.”

If he runs for Congress, Patel told the Daily Iowan that his campaign “would be data-driven and heavy on social media.” His biggest potential weakness would probably be his youth (current age: 29). Iowans have nominated some young candidates who faced competitive primaries against more experienced rivals, most recently Ben Lange, the GOP’s 2012 nominee in IA-01. But despite a lot of excitement on social media, State Representative Anesa Kajtazovic didn’t make much headway with IA-01 Democratic voters, finishing fourth in the 2014 primary. Anecdotally, many Democrats liked Kajtazovic but questioned whether she had enough experience for the job she was seeking. Patel would also be competing against others who have more longstanding ties to the district. Although he owns a home in Cedar Rapids now, he has spent most of his life in either Burlington or Iowa City, which are located in the second Congressional district.

The front-runner in the Democratic primary remains Cedar Rapids City Council member Monica Vernon, who last week added her first labor union endorsement to the long list of sate legislators backing her second bid for Congress. After the jump I’ve posted the press release announcing the Teamsters Local 238 endorsement of Vernon. That local did not endorse in the 2014 primary to represent IA-01, but two other Teamsters locals backed the eventual winner Pat Murphy. Note: the press release mentions that Teamsters Local 238 has approximately 6,000 members. A representative for the union told me that between 2,000 and 2,500 of those members live in the IA-01 counties.

Other Democrats considering a bid in IA-01 include former Governor Chet Culver, former State Senator Swati Dandekar (who placed third in the 2014 primary), and former Saturday Night Live actor Gary Kroeger. His most recent blog post, which I’ve excerpted below, takes a quick look at the history of America’s major political parties with a view to reducing the “vitriol in our disagreements.” Kroeger posted today on Facebook that if elected to Congress, he would push for creating a national jobs program inspired by a non-profit foundation he profiled at his blog a couple of years ago.

Any comments about the IA-01 race are welcome in this thread. Republican blogger Craig Robinson pointed out recently that GOP incumbent Rod Blum will benefit tremendously from having U.S. Senator Chuck Grassley on the ballot in 2016.

It’s also worth noting that at least three and perhaps as many as six battleground Iowa Senate races will be located within IA-01 next year. State Senator Jeff Danielson will seek a fourth term in Senate district 30, covering parts of Waterloo and Cedar Falls; he faced well-funded challengers in his last two re-election campaigns. State Senator Mary Jo Wilhelm won by just 126 votes in Senate district 26 in 2012. I expect the GOP to target that district, half of which is in IA-01 and half in IA-04. Republicans are less likely to mount a serious challenge against either State Senator Liz Mathis in Senate district 34 or State Senator Brian Schoenjahn in Senate district 32, but a surprise retirement would instantly make either of those races competitive. Meanwhile, Democrats are likely to target Senate district 28, where GOP State Senator Mike Breitbach won by only 17 votes in 2012. First-term Senator Dan Zumbach could also face a serious challenger in Senate district 48. After the jump I’ve posted a map showing all the Iowa Senate district lines. UPDATE: Perhaps I should also have mentioned Democratic State Senator Steve Sodders (SD-36) and Republican Tim Kapucian (SD-38), who will be up for re-election in 2016 as well in counties that are part of IA-01. I haven’t heard of potentially strong challengers in either Iowa Senate district, but that could change before next spring.

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Iowa Senate Democrats roll out state government reforms

The Iowa Senate Oversight Committee met yesterday to approve a wide range of recommendations on state government management, contracting, and labor practices. O. Kay Henderson posted audio from the committee meeting at Radio Iowa. On a 3-2 party-line vote, Democrats on the committee approved recommendations in the following nine areas:

• A ban on secret settlements and hush money

• Expanded whistleblower protections

• Anti-cronyism measures

• Reform of the state’s “do-not-hire” database

• A ban on no-bid contracts for state projects

• Increase accountability in state infrastructure projects

• Protect Iowans right to fair hearings by preventing political appointees and at-will employees from supervising or evaluating judges

• Restore integrity to Iowa’s unemployment trust fund by appointing trusted and transparent leadership

• Require that the Legislature be notified when the Governor receives reports of founded workplace violence in state agencies.

One of the Republicans who voted against the recommendations, State Senator Julian Garrett, characterized the Democratic proposals as “political theater” not “borne out by the facts.”

“No laws were broken. No codes of ethics were violated,” Garrett said. “Instead, we have discovered that there is a difference of opinion in management philosophies…and we have learned that sometimes front-line workers don’t care for or particularly agree with their bosses.”

In Garrett’s view, Governor Terry Branstad is running the state “exceptionally well” and should get more credit for ending secret settlements through an executive order. However, witnesses appearing before the Iowa Senate Oversight Committee in recent months testified to many problems in state government beyond settlements that included confidentiality clauses (which were the first scandals to get widespread attention). Committee Chair Janet Petersen mentioned several of them in her opening remarks for yesterday’s meeting. After the jump I’ve posted a more detailed list of recommendations, along with findings that prompted them. Whether these proposals go anywhere during the 2015 legislative session will depend on party control of the Iowa House and Senate after the November election.

Rod Boshart paraphrased Petersen as predicting that if Branstad is re-elected, several of his appointees who were involved in these scandals may have trouble being confirmed by the Iowa Senate, “notably Iowa Workforce Development Director Teresa Wahlert.”

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Supreme Court strikes down Obama recess appointments

The U.S. Supreme Court unanimously ruled today that President Barack Obama violated the Constitution by making recess appointments to the National Labor Relations Board in January 2012, when the U.S. Senate was technically in session. The Congressional Research Service produced an excellent backgrounder on the legal issues surrounding that set of appointments. You can find today’s opinions here (pdf). Writing for the majority, Justice Stephen Breyer concluded, “For purposes of the Recess Appointments Clause, the Senate is in session when it says that it is, provided that, under its own rules, it retains the capacity to transact Senate business.” The Obama administration had argued that the Senate was for all practical purposes in recess on January 4, 2012, since no real business is conducted during pro-forma sessions a few minutes long every three days. Justices Anthony Kennedy, Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg joined in the majority opinion.

Today’s ruling is less far-reaching than it could have been; Justice Antonin Scalia’s opinion concurring in judgment only would have much more severely restricted presidential powers to make recess appointments. Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas joined that opinion.

Since the Senate changed its rules last year to make it much more difficult for the minority to block presidential appointees, Obama has less reason to resort to recess appointments. But that could change if Republicans gain a Senate majority after this November’s elections.

Iowa’s senior Senator Chuck Grassley hailed today’s ruling in a Senate floor speech that I’ve posted below. I haven’t seen any official comment from Senator Tom Harkin. He is among those who supported the president’s recess appointments, citing “unprecedented abuses of process” by Senate Republicans who sought to prevent the National Labor Relations Board from operating by refusing to confirm any nominee.

UPDATE: Added a few points Lyle Denniston raised below.

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Labor union endorsements in contested 2014 Iowa Democratic primaries

With less than two weeks remaining before June 3, interest groups with a preference in competitive primaries have presumably made their views known by now. On the Democratic side, labor unions are most likely to get involved in primaries, so I wanted to compile in one place the full list of candidates in competitive Democratic races who have been endorsed by one or more organized labor group. None of the Democrats seeking statewide office in Iowa this year has a primary opponent, and I’ve omitted county-level races. The list below includes candidates running for Congress in the first district and seeking various Iowa House and Senate seats.

I will update this post as needed if I learn of other labor union endorsements. Note that many other Democratic candidates already have or will have organized labor’s official support for the general election campaign. Blog for Iowa posted all of the Iowa Federation of Labor AFL-CIO’s endorsements for 2014 here. A complete list of candidates who will appear on primary ballots is on this page of the Iowa Secretary of State’s website.

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Highlights from this year's Iowa Senate votes on Branstad nominees

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

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Divided Iowa Supreme Court rules Tony Bisignano can run in Iowa Senate district 17 (updated)

A three-way Democratic primary is assured in Iowa Senate district 17, as the Iowa Supreme Court announced this afternoon that it has affirmed a district court ruling on Tony Bisignano’s eligibility to run for office. Rival candidate Ned Chiodo filed a lawsuit last month, saying Bisignano’s recent aggravated misdemeanor conviction for second-offense OWI should be considered an “infamous crime.” The Iowa Constitution disqualifies citizens convicted of “infamous crimes” from exercising the privileges of “electors.”

Chief Justice Mark Cady wrote the plurality opinion, joined by Justices Daryl Hecht and Bruce Zager. Overturning Iowa Supreme Court precedents set in 1916 and 1957, the court ruled that “infamous crimes” cannot be interpreted to mean any crime punishable by a prison sentence, including aggravated misdemeanors. On the other hand, the court did not simply accept the 1994 law defining “infamous crimes” as felonies. Citing historical references including an 1839 Iowa territorial statute, the plurality argues that not all felonies are “infamous,” and that the words had different meanings at the time the Iowa Constitution was adopted in the 1850s. It did not go on to define which felonies should be considered infamous crimes in the present context.

Justice Edward Mansfield wrote a concurring opinion, joined by Justice Thomas Waterman. The concurrence agrees that Bisignano retains his rights as an elector, because aggravated misdemeanors cannot be considered “infamous crimes.” However, Mansfield would have accepted the bright-line definition from the 1994 state law, equating felonies with “infamous crimes.” He warned that the plurality opinion would serve as a “welcome mat” for future litigation from felons claiming that they should be entitled to vote, because their convictions were not for “infamous crimes.” On balance, I agree most with Mansfield’s opinion.

Justice David Wiggins dissented, arguing that the court should not have rewritten “nearly one hundred years of caselaw.” He would have found Bisignano ineligible to run for office under the longstanding precedent that “infamous crime” means any crime punishable by a prison sentence. Wiggins’ dissenting opinion does not accept the 1994 law which defined “infamous crimes” as felonies, because interpreting the state Constitution is a job for the Iowa Supreme Court, not the state legislature.

Justice Brent Appel recused himself from this case.

The Iowa Supreme Court did not rule on Chiodo’s separate claim that Attorney General Tom Miller should have recused himself from the panel that allowed Bisignano to remain on the ballot. Chiodo argued that Miller had a conflict of interest, because one of his employees, Assistant Attorney General Nathan Blake, is also seeking the Democratic nomination in Senate district 17.

You can read the Iowa Supreme Court’s three opinions in this case here (pdf). After the jump I’ve enclosed summaries and excerpts from each opinion. I also included a statement from Bisignano hailing the ruling and announcing several more labor union endorsements.

One thing’s for sure: today’s ruling won’t be the last attempt by the Iowa Supreme Court to clarify the definition of “infamous crimes.”

UPDATE: Added Nathan Blake’s comment below. SECOND UPDATE: Added more thoughts about the implications of this case.

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Former administrative law judge sues state, Iowa Workforce Development Director Wahlert

The former Chief Administrative Law Judge for Iowa Workforce Development filed suit yesterday in Polk County District Court against the State of Iowa and Iowa Workforce Development Director Teresa Wahlert. You can read the full text of Joseph Walsh’s lawsuit here (pdf). After the jump I’ve posted an excerpt from his case. Walsh alleges that the IWD director “interfere[d] with the administrative judicial process in order to favor employers,” attempted “to illegally strip [Walsh] of his merit protection,” and eventually retaliated by removing him in “a political reorganization disguised as a budget layoff.”

I’ve also enclosed below a statement Wahlert released yesterday, denouncing the “frivolous lawsuit.” Wahlert contends that while serving as chief administrative law judge, Walsh failed in basic management responsibilities.

Last month, Democratic State Senator Bill Dotzler asked the U.S. Department of Labor to investigate claims that Wahlert interfered with the work of Iowa’s administrative law judges, hoping to secure more favorable outcomes for employers in unemployment cases. Governor Terry Branstad rejected Dotzler’s allegations against Wahlert without conducting any internal review of the matter.

At a press conference in Des Moines on April 3, Walsh asserted that “in many ways this administration is tearing the Department of Workforce Development down.” Wahlert’s agency was at the center of political controversy in 2011, when the Branstad administration moved to replace dozens of Iowa Workforce Development field offices around the state with hundreds of computer terminal access points. That reorganization led to a lawsuit and eventually an Iowa Supreme Court ruling that the governor had overstepped his authority by striking legislative language about the IWD offices without vetoing the money allocated to fund those offices.  

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"Accountability, openness, and transparency" are in the eye of the beholder (updated)

Governor Terry Branstad responded today to two political scandals that broke while he was on vacation last week. The big news was the governor signing an executive order “to increase accountability, openness and transparency of employee settlements.”

Branstad’s behavior reflects an odd understanding of those words. He is not holding anyone accountable for forcing out permanent employees and attempting to keep settlement deals a secret. His administration’s alleged “thorough review” of the deals took place behind closed doors over the span of a few days. Branstad rejected any outside investigation of the matter and dismissed accusations against Iowa Workforce Development Director Teresa Wahlert without even basic fact-finding.  

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Iowa legislative news roundup: dead and alive after the second funnel

The Iowa legislature’s second “funnel” deadline passed late last week. To remain eligible for debate during the remainder of this year’s session, most legislation needed to have passed one chamber as well as a committee in the other chamber. There are a few exceptions to the rule, namely appropriations bills and some tax measures. Rod Boshart listed the most significant “dead” and “alive” bills for the Cedar Rapids Gazette. The Iowa House Republican staff compiled a more comprehensive list of “second funnel survivors,” including bill summaries. The Iowa Senate Democratic staff highlighted the most important bills passed by the Senate that died in the House.

After the jump I’ve enclosed more links and some analysis on bills that died as well as those still under consideration. From my perspective, the most surprising casualty of the funnel was a bill to extend the statute of limitations for sex crimes against children (see the “safety and crime” section below).

Any comments on pending legislation in the Iowa House or Senate are welcome in this thread.  

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Mid-week open thread: Ripoffs, real and imagined

Here’s an open thread: all topics welcome.

The Iowa Policy Project has called wage theft “an invisible epidemic” costing Iowa workers an estimated $600 million each year. Click here for a few examples of how wage theft works. Last week the Iowa Senate approved on party lines a bill to address common forms of wage theft (full text here). However, that bill is not moving in the Republican-controlled Iowa House.

Joseph Williams published a depressing account of his short career in low-wage retail after losing his journalism job. Even though he made more than minimum wage, it wasn’t enough to cover basic expenses. Williams also experienced wage theft and the small humiliations inflicted by “loss prevention” policies.

The Center for Public Integrity’s Daniel Wagner wrote a disturbing piece about aggressive debt collection tactics targeting Americans doing military service.

Sometimes feeling cheated and getting a raw deal are very different things. After the jump I’ve posted an excerpt from a Detroit News feature on a Michigan woman now starring in a television commercial attacking health care reform as “unaffordable.” Turns out she will save quite a bit of money under her new “Obamacare” health insurance–but she doesn’t believe it. Classic case of cognitive dissonance.

Your unintentional comedy for the week is a letter to the editor from the March 7 Des Moines Register, in which a man complains of being ripped off at a “Duck Dynasty” speaking engagement.

After shelling out a considerable sum for a VIP meet-and-greet session, I arrived to stand in line with over 300 other VIP patrons. I was told I would have 7.5 seconds with each of Willie and Phil Robertson. When I finally made it to their table, I was rushed through in seconds. I handed my Bible to Phil for an autograph and he scribbled an illegible name. My “VIP Seating” ended up being in the 15th row next to non-VIP patrons who paid nearly one-tenth the price of my experience.

When the program started, Willie spoke about the makings of their show. Phil then took the stage with a few minutes of duck-calling, followed with a lengthy rant about how Americans are being denied the rights written in the United States Constitution.

Disgusted, I got up and left before it ended. The event was nothing but a marketing scheme that took money from hard-working Americans.

A marketing scheme–who could have guessed? But seriously, isn’t it blasphemous to ask a television celebrity to sign your Bible?

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Iowa Senate district 45: Joe Seng has a primary challenger, Mark Riley

If any Iowa Democrat deserves a primary challenge, it’s three-term State Senator Joe Seng. Although the Davenport-based veterinarian represents one of the Democrats’ safest urban districts, Seng is anti-choice and supported Republican calls for a vote against marriage equality in 2010. As chair of the Senate Agriculture Committee, he has helped pass several bills that are good for industrial agriculture but bad for the environment, especially clean water. In addition, Seng himself challenged three-term U.S. Representative Dave Loebsack in the IA-02 Democratic primary two years ago, so he couldn’t claim the moral high ground against a primary challenger for his state Senate seat.

I was excited to see yesterday that another Democratic candidate, Mark Riley, had filed papers to run in Senate district 45. When I realized Riley was Seng’s Republican opponent in 2010 and ran an independent campaign against Iowa House Democrat Cindy Winckler in 2012, I became disappointed. Was he just a fake like the “Democrat” who ran against State Representative Ako Abdul-Samad in 2010?

I sought comment from Riley about why he was running as a Democrat in Iowa Senate district 45, having campaigned as a Republican in the same district a few years ago. I’ve posted his response after the jump. You be the judge. Riley would have my serious consideration if I lived on the west side of Davenport.  

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