About 14 percent more abortions were performed in Iowa during calendar year 2020 compared to the previous year, indicating that a sharp increase recorded in 2019 was not a one-off.

Iowa Department of Public Health data shows 4,058 pregnancy terminations occurred during 2020, up from 3,566 abortions performed in 2019. That number represented a 25 percent increase from the 2,849 abortions recorded in 2018.

Prior to 2019, abortions were on a steady downward trend in Iowa and nationally for at least a decade. The figure recorded for 2020 was the highest since 2013.

“Right now, Democratic policies are very popular,” said J.D. Scholten in a video revealing his future plans. “However, they’re being drowned [out] by mis- and disinformation. We have to remember that we’re just a handful of states and under 100,000 votes from a Donald Trump second term and a Republican-controlled House and Senate.”

Many Iowa Democrats–including Scholten’s own parents–saw the two-time Congressional candidate as a possible 2022 contender for U.S. Senate. Others encouraged him to run for governor. But Scholten announced on July 13 that he won’t run for any elected office next year. Instead, he will serve as the executive director of RuralVote.org, a super-PAC with a mission “to improve the Democratic brand in rural communities and empower local advocates to battle misinformation in their communities.”

State Senator Zach Nunn launched his Congressional campaign on July 13 with a promise to “bring Iowa’s record of success to the nation’s capital” and “defeat the far-left’s socialist agenda.”

Although Republicans Mary Ann Hanusa and Nicole Hasso are already running in Iowa’s third district, Nunn entered the race as the clear front-runner for the GOP nomination.

Governor Kim Reynolds approved plans last year to spend federal COVID-19 relief funds to upgrade the technology in her conference room, state records show.

The Office of Chief Information Officer (OCIO) paid vendor AVI Systems $67,543.48 in December for unspecified “IT Equipment and Software” and “IT Outside Services.” Published reports and searchable databases do not reveal that those purchases benefited the governor’s office. But documents Bleeding Heartland obtained through public records requests indicate that the spending covered new audio and video equipment installed in the Robert Ray Conference Room, which is part of the governor’s office suite.

Records also show the payments were supposed to come out of Iowa’s Coronavirus Relief Fund, a pot of federal money established under the March 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act.

OCIO may have tapped a different funding source later to cover the conference room upgrade, as happened with a $39,512 project to migrate the governor’s office computers from Google suite to Microsoft Office 365 last year. Entries on the state’s online checkbook, totaling $67,543.48 to AVI Systems on the same December dates, do not mention the Coronavirus Relief Fund.

The governor’s spokesperson Pat Garrett ignored six inquiries over a two-week period. OCIO’s public information officer Gloria Van Rees also did not respond to eight messages during the same time frame seeking to clarify what funding stream paid for the conference room upgrades, and whether the governor’s office reimbursed OCIO for the payments to AVI Systems, as happened following the Office 365 migration.

The Iowa Secretary of State’s office altered how it publicizes monthly voter registration numbers after moving 294,000 Iowa voters to “inactive” status this spring.

For years, shareable graphics posted every month featured the number and partisan breakdown of active registrants in each Iowa Congressional district. Since May, Secretary of State Paul Pate has posted images with totals that include inactive voters.

The new approach obscures the fact that active registrants dropped by about 13 percent during the latest round of voter roll maintenance in April.

The battle to contain COVID-19 “is in many ways a race between vaccines and variants,” in the words of Canadian Dr. Christopher Labos. Every infected person gives the coronavirus another opportunity to mutate, and some of those mutations are especially dangerous, either because they spread more easily or cause more severe illness.

In the United States, where vaccine supplies are plentiful, low vaccination rates are increasingly linked to hesitancy rather than access problems. But COVID-19 vaccines are in short supply across much of the world. While the U.S. and some other wealthy countries are donating vaccines to poorer countries, the donation program will cover shots for at most 20 percent of the population in recipient countries.

The highly transmissible Delta variant, which is becoming dominant in the U.S. and Iowa and prompted Israel to reintroduce some mask mandates, was first identified in India, where vaccines are not widely available. Uncontrolled outbreaks anywhere will cause preventable loss of life and increase the risk of a variant emerging that can defeat current vaccines.

For that reason, more than 100 developing countries have asked the World Trade Organization to temporarily waive intellectual property rights for “health products and technologies” related to the COVID-19 pandemic, including vaccines. The Trump administration opposed the waiver, but the Biden administration endorsed the proposal in early May. The pharmaceutical industry has been running an advertising campaign against the policy.

Iowa’s members of Congress have split along party lines.

A second Republican has entered the primary race in Iowa’s third Congressional district. Nicole Hasso, who lives in the Des Moines suburb of Johnston and works for the Principal Financial Group, launched her campaign on July 7.

Iowa still has not finalized its Comprehensive Annual Financial Report for the fiscal year that ended on June 30, 2020. That report is typically published by the end of December, but Iowa State University was more than six months late in providing its year-end financial data to the Iowa Department of Administrative Services, which compiles the annual reports.

ISU’s problems with extracting financial data coincided with the university’s switch to the Workday computer system for accounting, which happened on July 1, 2019–the beginning of the 2020 fiscal year. Although many people spent months trying to submit ISU’s fiscal year 2020 data to the state, the university submitted “incomplete and very draft financial statements” in February 2021, more than four months after the normal time frame for state government entities to send complete, auditable data to the Department of Administrative Services.

Catching up on some news from before the holiday weekend: a competitive Democratic primary is shaping up for an open Iowa Senate seat covering part of Cedar Rapids. Four-term State Representative Liz Bennett confirmed on June 30 that she will run for the district that State Senator Rob Hogg has represented since 2007. Hogg won’t seek re-election in 2022, he announced last month. Iowa has yet to adopt a new political map, but this district will cover some part of the city of Cedar Rapids.

Bennett is the ranking Democrat on the Iowa House Economic Growth Committee and a member of the Human Resources, Natural Resources, and Information Technology committees, as well as the Transportation, Infrastructure and Capitals Appropriations subcommittee. Having won four previous state legislative races, she will be the early favorite in the Iowa Senate primary.

Bennett is also the first out LGBTQ woman elected to the Iowa legislature and the only out LGBTQ person now serving at the statehouse. Only one out LGBTQ person has ever served in the Iowa Senate: Matt McCoy, who did not seek re-election in 2018.

Breanna Oxley, a public school teacher and education activist, was first to declare her candidacy for the Cedar Rapids Senate district on June 15. She told Bleeding Heartland last week she is staying in that race. Her endorsers include former U.S. Representative Dave Loebsack, former State Senator Swati Dandekar, and former Linn County Supervisor Linda Langston.

Marty Ryan covers a new law that received little attention early this year. -promoted by Laura Belin

A private sector employee from Iowa goes across the border on a Friday after work to Illinois. His friends offer a blunt, and he takes a hit. He thinks nothing of it, because recreational use of pot is legal in Illinois. On his way home on Sunday, he realizes that there could be a random drug test early in the week. He’s heard marijuana will stay in his system for up to 30 days, so he purchases a package of fake urine at a vape shop.

Monday morning, he is asked to take a drug test. He manages to get the fake urine into the beaker without anyone seeing him.

Days later, a lab result indicates that he may have used fake urine. Depending on a union contract, an employee handbook, or company policy that has been posted conspicuously, the employee may be disciplined, or in a severe case terminated. Now, he can also be arrested for a simple misdemeanor.

This story has been updated to note that a second resident infected in the latest outbreak has died.

Two of the seven Iowa Veterans Home residents who recently contracted COVID-19 have died, the home told relatives and guardians. The first resident who passed away “was in end of life care prior to testing positive” for coronavirus, an email sent on July 2 said. The message announcing the second death on July 4 did not provide further details.

All residents and staff affected by the latest coronavirus outbreak–the fifth at the state-run facility in Marshalltown–had been living or working in the Malloy 3 unit, which “remains in isolation.” Five of the residents who tested positive in late June returned from the facility’s COVID unit to Malloy 3 last week.

According to previous emails the facility sent to relatives and guardians, the residents who became infected in late June were all vaccinated for COVID-19.

State officials have not yet determined how an unprecedented deployment of 25 to 30 Iowa state troopers to Texas will be financed, Iowa Department of Public Safety spokesperson Debra McClung told Bleeding Heartland.

Governor Kim Reynolds announced on June 24 that she approved the Texas governor’s request for help in unspecified border security efforts. She’s authorized to do so under the interstate Emergency Management Assistance Compact.

While the Iowa National Guard has often been deployed to other states, this kind of work is beyond the scope of state troopers’ normal duties. McClung confirmed, “We are not aware of any Iowa State Patrol deployments outside of the state over the last 24 years since Iowa joined the EMAC.”

The U.S. House voted on June 29 to remove Confederate statues on public display at the Capitol and to replace a bust of Roger Taney with one of Thurgood Marshall. All 218 Democrats voted in favor, including Representative Cindy Axne (IA-03). Representative Ashley Hinson (IA-01) was among the 67 Republicans who also supported the bill. Representatives Mariannette Miller-Meeks (IA-02) and Randy Feenstra (IA-04) were among the 120 Republicans who voted against the legislation.

Feenstra’s predecessor Steve King opposed a similar bill in 2020; all three Democrats who represented Iowa in the House last year voted to replace the bust of Taney and Confederate statues.

As chief justice in 1857, Taney authored the Dred Scott decision, widely regarded as the worst ever U.S. Supreme Court ruling. Marshall litigated important civil rights cases and eventually became the first Black Supreme Court justice in 1967.

UPDATE: Bennett announced at a Linn County Democrats’ meeting on June 30 that she will run for this seat. I’ve added her news release below. Original post follows.

State Representative Liz Bennett may join the Democratic field in an Iowa Senate district covering part of the Cedar Rapids area, she announced on June 28.

Bennett said in a news release that after State Senator Rob Hogg confirmed he would not seek re-election in 2022, “numerous community leaders and grassroots activists” encouraged her to run. “Iowa’s political situation is dire and we need an experienced progressive leader in the Senate,” she added.

First elected in 2014, Bennett is the only out LGBTQ person now serving in the Iowa House as well as the first out LGBTQ woman ever elected to the Iowa legislature. She’s the ranking Democrat on the Economic Growth Committee and a member of the Human Resources, Natural Resources, and Information Technology committees, as well as the Transportation, Infrastructure and Capitals Appropriations subcommittee. She represents half of Hogg’s current Senate district.

Iowa’s next political map won’t be finalized until sometime this fall, so it’s not clear whether the vacant Senate district will be as Democratic-leaning as Senate district 33 is now. Registered Democrats outnumber Republicans by a nearly two-to-one margin, and Hogg received about 65 percent of the vote in his last re-election bid.

Two other candidates are already seeking the Democratic nomination in the district Hogg will vacate: Breanna Oxley and Sami Scheetz. UPDATE: Scheetz announced on July 1 that he will run for Bennett’s open Iowa House seat in 2022, instead of for the state Senate.

Bleeding Heartland is unlikely to endorse in this primary but welcomes commentaries by any Democrat running, or by their supporters. Guidelines for guest authors endorsing candidates in Iowa Democratic primaries can be found here.

To follow Bennett’s campaign: website, Facebook, Twitter

The Iowa Supreme Court will soon revisit one of the most politically charged questions of our time.

Last week a Johnson County District Court permanently blocked the state from “implementing, effectuating or enforcing” a law requiring a 24-hour waiting period before all abortions. Judge Mitchell Turner ruled the law unconstitutional on two grounds. The state is appealing the ruling and argues that a 2018 Iowa Supreme Court precedent, which established a fundamental right to an abortion under the Iowa Constitution, was “wrongly decided.”

Republican lawmakers planned for this scenario when they approved the waiting period during the waning hours of the 2020 legislative session. They may get their wish, but a reversal of the 2018 decision is not guaranteed.

Job searches are lower in states that were first to cut off federal pandemic-related unemployment benefits, compared to states that have continued to participate in those federal programs, according to analysis by Jed Kolko, the chief economist for the online jobs site Indeed.

Governor Kim Reynolds announced on May 11 that Iowans would cease to be able to collect the pandemic-related unemployment, effective June 12, putting Iowa among the first four states to end their participation in the federal programs. Tens of thousands of jobless Iowans were receiving a total of more than $30 million a week through the three discontinued programs. Iowa business groups and Republican politicians applauded the move, saying the extra unemployment benefits were holding back the economy by keeping people out of the workforce.

Kolko regularly tracks online job searches and found last month that “job search activity on Indeed increased, relative to the national trend, in states that announced they would end federal UI benefits prematurely.” However, “This increase was temporary, vanishing by the eighth day after the announcement. In the second week after the announcement, the state’s share of national clicks was no higher than it was during the late-April baseline.”

Kolko wrote on June 22 (emphasis added),

The Iowa Veterans Home is currently experiencing a COVID-19 outbreak. Families and guardians of loved ones living at the state-run facility in Marshalltown–the largest nursing home in Iowa–were notified on June 22 that four employees and five residents had tested positive that day. All lived or worked in the same building. An email sent on June 25 indicated that another resident in the same unit (Malloy 3) had tested positive, and all six affected residents were in the home’s COVID unit.

As of June 25, the long-term care dashboard on the state’s coronavirus website was showing eight positive cases and no recoveries at the Iowa Veterans Home within the last fourteen days.

The state website doesn’t break down how many cases have been identified among staff and how many among residents, or whether anyone has been hospitalized. Emails to relatives and guardians indicated that one Iowa Veterans Home resident was hospitalized on June 23 but had returned to the home by June 25.

Johnson County’s five supervisors voted unanimously on June 24 “to recognize Lulu Merle Johnson as the official eponym” of Iowa’s fourth-largest county. The previous namesake was Richard Mentor Johnson, who had no ties to the area but was U.S. vice president when the county was established in 1837.

Johnson County Supervisor Rod Sullivan had floated the idea of choosing a different namesake four years ago, noting that Richard Mentor Johnson was a slave-owner who “killed Native Americans indiscriminately.” The idea picked up steam in the summer of 2020 after Ron McMullen published a guest column in the Iowa City Press-Citizen about the “particularly despicable” man for whom the county is named.

U.S. Representative Mariannette Miller-Meeks (R, IA-02) did not appeal the $500 fine she received last month for going without a mask in the U.S. House chamber, the House Ethics Committee announced on June 25. A letter and accompanying statement from the committee’s chair and ranking member upheld the fine, noting that Miller-Meeks had not filed an appeal within the time allowed under House rules.

Two other Republicans fined for the same reason did appeal, saying they were vaccinated and in compliance with U.S. Centers for Disease Control guidance. A majority of Ethics Committee members did not agree to those appeals. (Unlike most House committees, the ethics panel has equal representation for both parties.)

Under House rules adopted early this year, a second violation of the mask mandate would have incurred a $2,500 fine. However, Miller-Meeks won’t need to worry. Under guidance issued earlier this month, House members and staff who are fully vaccinated for COVID-19 are no longer subject to the mask mandate.

UPDATE: In May 2023, the Iowa Supreme Court unanimously overturned a 2017 decision known as Godfrey II, which had laid the groundwork for Baldwin by allowing Iowans to sue the state over violations of their constitutional rights. Consequently, there is no longer any chance of the Iowa Supreme Court striking down this 2021 law. Original post follows.

“Iowa’s law enforcement will always have my respect, and I will always have their back,” Governor Kim Reynolds declared while signing Senate File 342 on June 17. Sections 12 through 16 of the wide-ranging policing bill establish a “qualified immunity” standard for Iowa. Effective immediately upon the governor’s signature, state employees or law enforcement officers who violate individuals’ constitutional rights can be sued only if their conduct violated “clearly established” law, such that “every reasonable employee would have understood” the act was illegal.

The provisions were crafted to match decades-old federal qualified immunity standards, and to override an Iowa Supreme Court ruling that was more favorable to Iowans whose rights have been violated by police.

The new law will almost certainly be challenged. And while the conservative majority on the Iowa Supreme Court often defers to other branches of government, the justices may find that Senate File 342’s language on qualified immunity is incompatible with the Iowa Constitution.

“If someone tasked you with making an exhaustive list of who could profit from carbon sequestration, this is what you would come up with,” tweeted Chris Jones, a research engineer at the University of Iowa who has written extensively about agriculture and water quality.

He was referring to the Carbon Sequestration Task Force, which Governor Kim Reynolds established through a June 22 executive order. In a written statement touting the initiative, Reynolds said Iowa “is in a strong position to capitalize on the growing nationwide demand for a more carbon free economy.” She will chair the task force, and Iowa Secretary of Agriculture Mike Naig will co-chair.

The task force looks like a textbook greenwashing effort: deploying concern about about “sustainability” and “low carbon solutions” as cover for policies that will direct public money to large corporations in the energy and agriculture sectors.

One tell: Reynolds did not involve any of Iowa’s leading environmental organizations, which have long worked to reduce carbon emissions.

Bryan Burkhardt won the June 22 special election for a Johnston City Council seat despite a strong write-in campaign by local Republicans on behalf of Jim Gorsche. Unofficial results posted by the Polk County auditor’s office showed 1,032 votes for Burkhardt (51.1 percent), 783 write-in votes (38.8 percent), all but six of which were for Gorsche, and 203 votes for Adam Haar (10.1 percent).

Turnout was just under 14 percent, not bad for a summer local election, which received little media coverage.

Burkhardt, a Des Moines Area Community College professor and small business owner, will serve the remainder of Scott Syroka’s term, which runs through 2023. Elected to the council in 2019, Syroka resigned early this year to serve as deputy director of communications in the Biden-Harris administration’s Office of Personnel Management. John Temple has been filling the vacancy on the council since February; he didn’t compete in the special election.

Local elections are nonpartisan in Iowa, but Burkhardt and Haar, the top two vote-getters in the city’s May 25 primary, both had support from area Democrats. Gorsche finished third in the four-way primary.

Co-Diagnostics, the Utah-based company that provided hundreds of thousands of COVID-19 tests for the Test Iowa program, faced a U.S. Securities Exchange Commission (SEC) investigation last year, Andrew Becker exclusively reported for the Salt Lake Tribune on June 17. Nomi Health, which signed no-bid contracts to provide COVID-19 testing with Utah, Iowa, and Nebraska, subcontracted with Co-Diagnostics for polymerase chain reaction (PCR) tests.

Records obtained and sources interviewed by Becker indicated that Co-Diagnostics went to a small regional hospital in Utah to validate its PCR tests while seeking Food and Drug Administration approval, instead of using equipment at Utah’s Public Health Laboratory. Senior state officials pushed for allowing the tests to be used in the Test Utah program prior to FDA emergency use authorization. In addition, the FDA issued the emergency approval more quickly than expected, even though officials within the federal agency reportedly “had concerns because Co-Diagnostics tests were manufactured in China.” 

The SEC began asking Utah officials questions in late April, Becker’s reporting shows. That was a few weeks after Test Utah launched and one week after Governor Kim Reynolds announced her administration had partnered with the same Utah-based companies for Test Iowa.

The headline certainly caught my attention. “In new Iowa Poll, nearly two-thirds say it’s time for someone new,” the Des Moines Register noted.

Senator Chuck Grassley is 87. Among currently serving senators, only Dianne Feinstein is older (by about two months). The Social Security Administration estimates an 87-year-old has a life expectancy of five years. If re-elected to a six-year term at age 89, Grassley’s odds of dying while in office are significant. It makes sense that many would answer this question this way.

So is Iowa’s senior senator really in trouble?

The Iowa Ethics and Campaign Disclosure Board will review advertisements featuring Governor Kim Reynolds, which were funded through federal COVID-19 relief dollars.

The board’s executive director Mike Marshall told Bleeding Heartland on June 18 that some commercials from the “Step Up, Stop the Spread” campaign launched last November “are now under review by the Ethics Board.” Earlier this month, State Auditor Rob Sand asked the board to consider whether the ads violated Iowa’s law banning state officials from engaging in “self-promotion with taxpayer funds.”

Marshall said he anticipates the ethics board will discuss the matter in closed session at its next meeting, scheduled for August 12.

Neil Hamilton is the former director of the Drake Agricultural Law Center and professor emeritus at Drake University law school. He submitted an amicus curiae brief in this case on behalf of several Drake law professors, who urged the Iowa Supreme Court to define the political question doctrine narrowly in order to preserve “citizen’s access to the courts of Iowa for the vindication of their constitutional rights.”

In a closely decided 4-3 split ruling the Iowa Supreme Court rejected a case filed by Iowa Citizens for Community Action and Food and Water Watch alleging the state of Iowa failed to protect the interests of the public in the Raccoon River. The case involved an appeal from the Polk County District Court rejection of the state’s motion to dismiss the case. 

The majority ruled the district court’s decision should be reversed and the case dismissed, concluding the plaintiffs do not have standing to bring the suit, and their effort to use the public trust doctrine to establish the duty of state officials is a “nonjusticiable political question.” The majority’s ruling and analysis generated three separate dissenting opinions, all agreeing the case should move forward, in large part because the state had conceded the plaintiffs had standing and the merits of the public trust doctrine were not in question.

A reading of the majority opinion shows it was premised on a determination by the four justices to not involve the Court in the difficult and controversial political issues involving water quality in Iowa. This motivation was demonstrated in at least four ways:

The Iowa Supreme Court ruled on June 18 that part of the city of Waterloo’s “ban the box” ordinance can remain in effect despite a 2017 law prohibiting local governments from regulating “terms or conditions of employment.”

The city adopted the ordinance in November 2019 to address economic racial disparities. Because African Americans are more likely to have a criminal record, they are adversely affected by job applications that require a person to note whether they have ever been arrested or convicted of a crime.

Under Waterloo’s ordinance, employers may not inquire about past convictions, arrests, or pending criminal charges “during the application process,” but may do so after extending “a conditional offer of employment.” The court found that was allowed, because it regulates only “the time when an employer can inquire into a prospective employee’s criminal history,” which is not “a term or condition of employment.”

However, the Iowa Supreme Court held that state law preempts other portions of Waterloo’s ordinance, which prohibit employers from making an “adverse hiring decision” based on an applicant’s criminal history.

Democratic Representative Cindy Axne (IA-03) and Republican Representative Randy Feenstra (IA-04) voted on June 17 to repeal the 2002 authorization for the use of military force against Iraq. House members approved the legislation by 268 votes to 161, with 49 Republicans joining all but one Democrat to support the repeal.

Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02) were among the 160 Republicans to vote no.

None of Iowa’s representatives released a statement about this vote or mentioned it on their social media feeds. Bleeding Heartland sought comment from staff for all four members on the morning of June 18, but none replied. I will update this post as needed if anyone explains their reasons for voting yes or no on this effort to “rein in presidential war-making powers for the first time in a generation.” Jennifer Steinhauer reported for the New York Times,

Juneteenth National Independence Day is now a federal holiday, under legislation President Joe Biden signed today. The bill commemorating the end of slavery in Texas on June 19, 1865 moved through Congress at unusual speed so it could take effect in time for this weekend. Most federal government workers will have Friday the 18th off, since the new holiday falls on a Saturday.

The U.S. Senate approved the bill through unanimous consent on June 15. Iowa’s junior Senator Joni Ernst was one of the 60 co-sponsors (including eighteen Republicans) in the upper chamber. Senator Chuck Grassley didn’t co-sponsor the bill, but at least he didn’t object to its passage. He is one of only two currently serving senators who voted against establishing a holiday to honor the Reverend Dr. Martin Luther King, Jr. in 1983. (The other is Richard Shelby of Alabama.)

U.S. House members approved the Juneteenth bill on June 16 by 415 votes to 14 (roll call). All four representatives from Iowa voted yes, which probably would not have been the case if Steve King had fended off Randy Feenstra’s primary challenge last year.

A highly competitive primary is shaping up for an open Iowa Senate seat covering part of Cedar Rapids. Democratic State Senator Rob Hogg announced on June 14 that he will not seek re-election in 2022. Two candidates have already launched their campaigns, and more local Democrats are considering.

Democratic State Senator Liz Mathis told Iowa news outlets on June 14 that she is “seriously considering” running for Congress next year and will announce her plans in late July.

Mathis won her first race in a 2011 special election for Iowa Senate district 34, covering much of the Cedar Rapids suburbs. She has since been re-elected three times. Republicans did not invest in Senate district 34 in 2012, made an unsuccessful play there in 2016, and opted not to field a candidate against Mathis in 2020.

My Democratic contacts in Linn County expect Mathis to run in the first Congressional district. I am inclined to agree. If she weren’t leaning toward running, she would probably not disclose her plans until after Iowa adopts new maps, which is unlikely to happen before September.

Mathis retired last month from Four Oaks, which provides services to children in the Cedar Rapids area. So she could devote full-time efforts to a Congressional campaign whenever the state legislature is not in session. Since her Iowa Senate term runs through 2024, she doesn’t need to give up her current office to compete for IA-01.

My Republican contacts expect U.S. Representative Ashley Hinson to run for U.S. Senate if Chuck Grassley retires. For the purposes of this post, I’m assuming Grassley will seek an eighth term, and Hinson will seek re-election in IA-01.

State Representative Ras Smith became Iowa’s first well-known Democratic candidate for governor on June 15, declaring in an upbeat campaign video, “I believe that Iowa’s greatest days are ahead of us.”

Iowa House Democrats elected State Representative Jennifer Konfrst as the new minority leader on June 14. She is the first woman to lead the House Democratic caucus, which now has 21 women and 20 men. (That’s down from the record number of 24 Democratic women among the 47 Iowa House Democrats who served in 2019.)

Konfrst had served as House minority whip since late last year and appeared to be the only contender to succeed Todd Prichard, who announced early this month that he would soon step down as caucus leader.

Women have now held the top positions in each party’s caucus in each Iowa legislative chamber. Mary Lundby became the top Iowa Senate Republican in 2006 and served as co-majority leader in the chamber, evenly split 25-25 at the time. She also served as Senate minority leader in 2007.

Every U.S. Senate Republican, including Iowa’s Senators Joni Ernst and Chuck Grassley, blocked debate last week on a bill designed “to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.”

Like most Senate actions, a motion to proceed with debate on a bill requires at least 60 votes to pass. The 49 to 50 party-line vote on June 8 was Republicans’ second formal use of a filibuster this year. The first blocked a bill authorizing a bipartisan investigation of the January 6 attack on the Capitol.

The Paycheck Fairness Act “has been on the Democratic wish list since 1997,” Jonathan Weisman reported for the New York Times. When Democrats controlled the U.S. House, they approved similar legislation in 2008, 2009, and 2019.

For nearly 60 years, federal law has banned employers from paying men and women differently for “substantially equal jobs.” But the Equal Pay Act of 1963 has failed to adequately address gender-based wage discrimination. A 2019 study found “Women’s median earnings are lower than men’s in nearly all occupations.”

Jerry Foxhoven asserts in a new lawsuit that Governor Kim Reynolds and her senior staff forced him out as Iowa Department of Human Services director “because he refused to engage in illegal activity” and to prevent him from seeking legal advice about possible misuse of federal Medicaid funds.

The petition filed in Polk County District Court on June 9 closely tracks allegations Foxhoven made in a wrongful termination claim soon after he resigned under pressure in 2019. Reynolds, her chief of staff Sara Craig Gongol, and her former senior legal counsel Sam Langholz are named defendants in addition to the state of Iowa.

Foxhoven’s court filing says the events leading to his ouster centered on a dispute over payments from DHS for work done by Reynolds’ deputy chief of staff Paige Thorson. The DHS director agreed in early 2018 to have the agency pay 69 percent of Thorson’s salary and benefits, as she assisted Iowa’s new Medicaid director Mike Randol. Foxhoven signed a similar agreement for the next fiscal year, which ran through June 2019. (Several of the governor’s staffers are mostly paid by other state agencies; the longstanding practice helps Reynolds keep more staff on payroll than her budget appropriation could support.)

Foxhoven says that in February or March 2019, he told Craig Gongol in a telephone conversation “that Randol was now adequately familiar with Iowa’s health care network,” adding that “Thorson was no longer performing duties that furthered the mission of Iowa Medicaid and that he did not believe DHS could legally divert federal Medicaid dollars to pay her salary.”

In the spring of 2019, Republican lawmakers approved an extra $200,000 for the governor’s office, supposedly for health and tax policy analysts. Foxhoven says he “believed that the issue was resolved,” and spoke with Craig Gongol in early June “hoping to confirm that DHS would not continue paying any portion of the Thorson’s salary with Medicaid funds in the next fiscal year.”

However, the governor’s chief of staff indicated that she expected the agency to keep compensating Thorson. Foxhoven “questioned the legality of such an arrangement” and asked Craig Gongol to consult with legal counsel Langholz, but she refused.

According to Foxhoven, he told Craig Gongol “that he intended to ask the assistant attorney generals assigned to DHS for a legal opinion” on June 18, after the expected conclusion of a federal trial they were working on. But he wasn’t able to send that email, because Craig Gongol and Langholz asked for his resignation on June 17. Foxhoven says during that meeting, the governor’s senior staff “demanded the immediate return of all of Foxhoven’s state issued equipment and told him not to return to his office.”

The lawsuit alleges that the defendants terminated Foxhoven:

• “in order to prevent him from enforcing his statutory right to disclose information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority […]”;
• “in order to prevent him from disclosing information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority […]”;
• “because he refused to engage in illegal activity; that is committing Medicaid fraud and misuse of federal monies by continuing to pay Thorson’s salary despite the fact that she was no longer providing any duties relating to Medicaid or otherwise furthering the mission of DHS […]”; and
• interfered with and prevented him from consulting with the Iowa Attorney General’s office about his agency continuing to pay Thorson’s salary.

Foxhoven told journalists in 2019 he would not have objected to using Medicaid funds to support Thorson’s compensation if legal experts determined the practice was still allowable. But he wanted a letter from the Attorney General’s office. That way, in case state or federal auditors questioned the payments later, “There might be a difference of opinion between the auditor and the AG’s office, but it isn’t a matter of Foxhoven diverting funds.”

State agency directors are at-will employees, who serve at the pleasure of the governor. But one exception to the at-will doctrine is firing someone in violation of public policy–for instance, because they refuse to engage in illegal conduct. Foxhoven’s lawsuit alleges that his “termination violates well established public policy of the State of Iowa as defined by statute, regulation, and judicial decision.”

The court filing notes that Foxhoven has suffered “substantial loss of earnings, insurance benefits, retirement benefits and other employee benefits” as well as “emotional distress and damage to his reputation.” It also argues that he’s entitled to punitive damages against Reynolds, Craig Gongol, and Langholz, because their termination of his employment “was willful and wanton and done in reckless disregard of his rights.”

The governor’s office did not immediately respond to Bleeding Heartland’s request for comment on the lawsuit. The Iowa Attorney General’s Office had no comment. Langholz has worked there since late last year, representing the Reynolds administration in several high-profile cases.

Reynolds said in 2019 that “many factors” influenced her decision to ask for the DHS director’s resignation. (The agency has faced lawsuits and investigations over its management of the State Training School for Boys and the Glenwood Resource Center for the intellectually disabled.) In early 2020, the governor told reporters “she was ‘not happy’ with the response she received” about an increase in deaths at Glenwood.

Reynolds also claimed Foxhoven “never raised concerns with me or my staff about the salary agreements in question, and he never asked my staff for a legal opinion or said he would be reaching out to the Attorney General’s office for one.”

Final note: Records I received while investigating the governor’s office spending indicated that DHS did not end up paying any portion of Thorson’s salary during fiscal year 2020, which began in July 2019. However, DHS did pay 100 percent of the salary and benefits of the governor’s new health policy adviser Liz Matney from July 2019 through mid-March 2020. Thorson and Matney were among 21 permanent staffers in Reynolds’ office who had about 62 percent of their compensation from mid-March through June 2020 covered through federal COVID-19 relief funds.

Appendix: Petition filed in Polk County District Court on June 9

Plaintiffs challenging Iowa’s manifold new restrictions on voting amended their complaint on June 9 to incorporate provisions in a law Governor Kim Reynolds signed the previous day.

The League of United Latin American Citizens of Iowa (LULAC) filed suit in Polk County District Court in March, charging that Senate File 413 violated Iowa constitutional provisions on the right to vote, free speech, free assembly, and equal protection. Their revised petition asks the court to invalidate two sections of Senate File 568 as well as thirteen sections of the law enacted earlier this year.

U.S. Senators Joni Ernst and Chuck Grassley were part of bipartisan majorities that confirmed President Joe Biden’s first three judicial nominees this week. But the senators are likely to oppose Biden’s picks for judgeships higher than the District Court level.

Scott County’s newly-appointed Republican Auditor Kerri Tompkins will serve through 2022 after county Democrats failed to force a special election for the office.

Scott County Democrats leader Elesha Gayman announced on June 8 that activists collected 6,211 signatures during the previous two weeks, about 3,000 short of the threshold for calling a special election to fill a vacancy at the county level. Unusually high turnout in 2020 raised the bar for collecting signatures equaling at least 10 percent of those who cast ballots in the previous presidential election. Adding to the organizing burden, a law Republicans enacted earlier this year shortened the time frame for such petition drives to only fourteen days.

Gayman said Democrats will not “lay down” in light of what she described as “voter suppression.” The next focus for volunteers in Iowa’s third-largest county will be contacting some 10,000 voters whose registrations were recently moved to inactive status, under the same law Governor Kim Reynolds signed in March.

Approximately 702,800 Iowans were enrolled in some version of the Medicaid program last month, up by roughly 100,000 since the COVID-19 pandemic began in March 2020, according to analysis by Charles Gaba at the ACA Signups website.

The biggest increase was in the Iowa Health and Wellness Plan, the state’s version of Medicaid expansion under the Affordable Care Act. Gaba’s analysis indicates that some 225,300 Iowans were participating in that plan as of May 2021, up from about 177,200 people fourteen months earlier.

Enrollment in traditional Medicaid increased by a smaller rate from about 425,000 in March 2020 to some 477,500 last month. The federal government recently released statistics on state level Medicaid enrollments from July 2019 through December 2020. Gaba’s estimates for 2021 are based on monthly reports published by the Iowa Department of Human Services, adjusted to compensate for how closely the state’s numbers tracked with the federal figures for 2020.

Gaba commented on his website,

The Iowa Ethics and Campaign Disclosure Board may discuss whether to regulate campaigns pre-selecting recurring donation options, according to executive director Mike Marshall.

In May, the Federal Election Commission unanimously recommended that Congress ban the practice, which Donald Trump’s campaign used to raise enormous sums in 2020. Many of Trump’s supporters did not realize they were committing to recurring gifts and later asked for refunds or filed fraud complaints.

At least three Iowa Republican office-holders–Governor Kim Reynolds and U.S. Representatives Ashley Hinson and Mariannette Miller-Meeks–adopted the tactic this year. Some of their fundraising pages on the WinRed platform have two boxes pre-selected: one for a recurring monthly donation, and one for an additional contribution on a specific date in the near future.