Governor Kim Reynolds on April 3 named Des Moines attorney Matthew McDermott to succeed retiring Iowa Supreme Court Justice David Wiggins. During seventeen years in private practice, McDermott has worked on a wide variety of cases. Bleeding Heartland posted lengthy excerpts from his application and interview with the State Judicial Nominating Commission last month.

This appointment will continue the Iowa Supreme Court’s sharp turn to the right since 2018. As Bleeding Heartland discussed when McDermott was a finalist for the previous vacancy, he has worked closely with influential Republicans and handled some politically charged cases. He defended the 2017 collective bargaining law on behalf of the state and represented an Iowa House Republican seeking not to count 29 absentee ballots his constituents had cast on time.

On the other hand, McDermott has done a substantial amount of criminal defense work, and his application highlighted an unsuccessful appeal raising Fourth Amendment issues as one of his significant cases. Wiggins was a consistent voice for individual rights on the Supreme Court, including in many search and seizure cases.

Iowa physicians will be able to determine on a case-by-case basis whether abortion is essential health care for their patients, under an agreement the state reached today with plaintiffs who challenged Governor Kim Reynolds’ attempt to halt surgical abortions.

Governor Kim Reynolds continues to resist calls from local government leaders to issue a statewide shelter-in-place order. She confirmed on March 30 she doesn’t plan to give cities or counties the authority to restrict public movements in their own jurisdictions.

Her stance ensures Reynolds will be held responsible if novel coronavirus (COVID-19) infections spiral out of control in any part of Iowa.

Only three days after staff for Governor Kim Reynolds confirmed surgical abortions are among the “nonessential or elective surgeries” now prohibited in Iowa under a public health emergency proclamation, several groups went to court to block the governor’s action.

Congress “expanded unemployment insurance by 250 billion dollars” to support laid-off workers, Senator Joni Ernst said during a news conference organized by Governor Kim Reynolds on March 29.

She didn’t mention that she and fellow Republican Senator Chuck Grassley had voted to reduce the amount millions of jobless people will receive over the next four months.

The U.S. Environmental Protection Agency and the Iowa Department of Natural Resources announced this week that they are relaxing enforcement of some environmental regulations because of the novel coronavirus (COVID-19) pandemic.

UPDATE: The ACLU of Iowa, Planned Parenthood, and the Emma Goldman Clinic filed suit to block this policy on March 30.

Governor Kim Reynolds temporarily banned surgical abortions in Iowa through her latest action on the state of public health disaster emergency caused by novel coronavirus (COVID-19), the governor’s office said on March 27.

U.S. Representative Steve King told constituents this week he doubts Americans will be able to get “back online by Easter” and urged them to follow medical advice to slow the spread of novel coronavirus (COVID-19).

U.S. Senator Joni Ernst told constituents this evening it “would not be prudent” to discourage social distancing by Easter and that Americans should follow the advice of medical professionals.

Jon Muller is a semi-retired public policy analyst and sporadic blogger at jonathonmuller.com.-promoted by Laura Belin

Governor Kim Reynolds’ March 20 proclamation related to the COVID-19 pandemic suspended provisions of Iowa law imposing penalties and interest on late property tax payments.

Iowa’s 99 county governments collect property taxes and distribute the funds to themselves and other taxing authorities, such as school districts, cities, community colleges, or townships. The taxes paid by property owners are technically due on March 1 and September 1 of each year. Normally, penalties and interest begin to accrue on April 1 and October 1, respectively.

Governors of seventeen states have issued shelter-in-place orders to slow the spread of novel coronavirus (COVID-19). But Governor Kim Reynolds again maintained on March 24 that data do not support that action in Iowa. She and top Iowa Department of Public Health officials are betting that closures already in place, along with official efforts to encourage social distancing, will be sufficient to keep serious COVID-19 infections from overwhelming our health care system.

A growing number of local leaders disagree.

John Morrissey is a freelance writer in Des Moines. -promoted by Laura Belin

Iowa State Fair officials closed the fairgrounds on the east side of Des Moines to the public on March 18 and are readying the 4H dormitory near Dean Avenue to house homeless people in the Des Moines area who may come down with minor symptoms of novel coronavirus (COVID-19) infections.

These plans were formalized after Polk County officials were briefed recently with World Health Organization estimates about the spread of COVID-19. If it gets a foothold in the metro area, as many as 34,000 central Iowans could fall ill, and perhaps 1,500 will need intensive care treatment, said Polk County Board of Supervisors Chair Matt McCoy. He repeated the call from local and state officials for people to stay home and avoid contacts that may spread the disease. McCoy said he and other leaders are confident the area’s health care facilities can handle the challenge if the virus infections do not all occur at once.

Governor Kim Reynolds announced more new restrictions on March 22, as the number of confirmed novel coronavirus (COVID-19) cases in Iowa rose to 90, affecting residents of 24 counties.

However, Reynolds continues to resist steps that some public health experts feel are necessary to slow the spread of the disease, such as a statewide “shelter in place” order or mandatory closure of non-essential businesses. Even more concerning, the governor continues to emphasize that Iowans should stay home if they’re sick, which could give those who don’t feel ill a false sense of security about keeping up their normal routines.

The novel coronavirus (COVID-19) outbreak is causing massive economic disruption as many workplaces close and consumers scale back their normal activities. Economists are predicting a “sharp increase in the unemployment rate nationally.”

The state agency that handles Iowa’s unemployment payments has been receiving as many new claims in a day as they would normally receive “in a busy month.”

UPDATE: All of Iowa’s largest school districts have adopted this policy. Please let me know about any districts that should be added to the list below.

More than 150 Iowa school districts, including nine all of the ten largest, will pay hourly workers while schools are closed to slow the spread of novel coronavirus (COVID-19), according to the leading union representing Iowa education workers.

However, school districts in hundreds of communities, including Davenport and Sioux City, have not made that commitment, the Iowa State Education Association (ISEA) contends.

The U.S. Senate voted on March 18 to approve a second bill responding to the rapidly spreading novel coronavirus (COVID-19), and President Donald Trump signed the legislation later the same day. Senators Joni Ernst and Chuck Grassley were part of the 90 to 8 bipartisan majority that approved final passage of the bill. But first, Iowa’s senators supported a Republican amendment to remove mandatory paid sick leave from the bill the U.S. House approved late last week.

Less than 24 hours after declaring “the state remains open for business” and asserting that Iowans could address the spread of novel coronavirus (COVID-19) “without me ordering these businesses to close,” Governor Kim Reynolds issued a “State of Public Health Disaster Emergency.” Her March 17 proclamation requires Iowa restaurants to provide “drive-through, carry-out, and delivery only” and temporarily closes fitness centers, theaters, casinos, senior citizen centers, while banning all gatherings of more than ten people.

Political leaders around the country have accelerated steps to force “social distancing” as the threat posed by COVID-19 comes into focus. The Iowa legislature adjourned for at least 30 days after passing resolutions directing funds toward health care needs and giving Reynolds “broad authority to run state government.”

New analysis by health researchers shows why scientists have been calling for more aggressive policies to limit social interaction. Our medical infrastructure cannot accommodate the expected surge in patients needing hospitalization for severe COVID-19 infections.

Now that the deadline for candidates to qualify for the June primary ballot has passed, it’s time to revisit the 2020 Iowa House landscape. (A separate overview of state Senate races is in progress.)

Republicans now hold a 53-47 majority in the lower chamber, meaning Democrats need a net gain of four seats for control. Thanks to our state’s nonpartisan redistricting system, more than a dozen House districts should be highly competitive. This post covers 22 House districts that could fall into that category. One or both parties spent significant funds on twenty Iowa House races in 2018, not counting House districts 82 or 16, where Republican candidates ended up winning by small margins.

Since Bleeding Heartland first reviewed the House landscape last May, both parties have had some recruiting successes, while other districts still lack a top-tier challenger. The Secretary of State published the full list of Democratic and GOP primary candidates here. In some races that are currently uncontested, major parties may get candidates on the ballot later by holding a special nominating convention.

Better late than never. Governor Kim Reynolds recommended on March 15 that Iowa schools close for four weeks to slow the spread of novel coronavirus (COVID-19). The same day, Republican legislative leaders announced the House and Senate will suspend operations for at least 30 days after meeting on March 16 “to consider resolutions regarding continuity of government to ensure delivery of essential services to Iowans.” Clerks and secretaries have been told they will be paid through April 21, but “March 16 will be your last day of employment.”

While several state legislatures around the country hit the pause button last week, Iowa House Speaker Pat Grassley and Senate Majority Leader Jack Whitver waited for recommendations from the governor or the Iowa Department of Public Health.

As recently as the late afternoon on March 13, Reynolds was assuring the public, “At this time, Iowa is not experiencing community spread of the virus.” Such a definitive statement was not warranted, given how few people had been tested for COVID-19.

Matt Chapman closely follows Iowa legislative affairs, especially bills like the one discussed here. -promoted by Laura Belin

Iowa Senate Republicans have approved another bill targeting people receiving public assistance, such as Medicaid or Supplemental Nutrition Assistance Program (SNAP) benefits.

Senate File 2272, which passed along party lines February 26, would require the state to contract for extra screening, looking for evidence of Iowans enrolled in more than one state. Labor and Business Relations Committee chair Jason Schultz introduced and floor-managed the bill. He has been attempting to pass versions of this legislation for years and sponsored five bills in a similar vein in 2019.

The vendor that would receive the contract, LexisNexis, does similar work in other states, often flagging 15 percent of beneficiaries as possibly fraudulent. In the five southern states that have adopted this screening, further checks have confirmed dual participation by just 0.1 percent to 0.2 percent of enrollees, on average.

The U.S. House has fast-tracked a bill responding to the economic challenges created by the novel coronavirus (COVID-19) pandemic. All 223 Democrats present–including Iowa’s Representatives Abby Finkenauer (IA-01), Dave Loebsack (IA-02), and Cindy Axne (IA-03)–voted for the bill shortly before 1:00 am on March 14, joined by 140 Republicans (roll call). U.S. Representative Steve King (IA-04) was one of 40 House Republicans to vote no.

Less than two years after ending his campaign for governor and facing widespread calls to resign from the legislature, State Senator Nate Boulton drew no Democratic primary challenger or Republican general election opponent in Iowa Senate district 16.

However, Libertarian ToyA Johnson submitted nominating papers to run in this district shortly before the March 13 filing deadline.

UPDATE: The Iowa legislature on March 16 suspended the 2020 session for at least 30 days. The Iowa Democratic Party sent guidance to county chairs the State Central Committee on March 23 on conducting county conventions “using an absentee system.” I’ve enclosed that document at the end of this post.

The Iowa Democratic Party is postponing county conventions scheduled for March 21 “to a future date to be determined,” the party announced today.

But for now, leaders of the Iowa legislature have no plans to pause activities at the state Capitol. They should reconsider.

Iowa lawmakers have never enacted a “bathroom ban” targeting transgender people, but some State Patrol officers took it upon themselves to enforce that non-existent policy at the Capitol on March 12.

Security guards forced a large group of students to leave the building because some of the teens had used restrooms conforming to their gender identity.

After interviewing fifteen applicants, the State Judicial Nominating Commission on March 6 agreed on three nominees for the Iowa Supreme Court: Matthew McDermott, District Court Judge Mary Chicchelly, and Iowa Court of Appeals Judge David May. Governor Kim Reynolds will appoint one of them during the next few weeks.

To the credit of the commissioners, all three finalists are well-qualified to serve. Thanks to a law Republicans enacted in 2019, commission members appointed by either Reynolds or Governor Terry Branstad now outnumber elected attorneys, meaning they had the votes to send less-experienced but politically-connected loyalists to the governor. They did not.

I’ve enclosed below highlights from each finalist’s application and interview, along with some noteworthy comments by three candidates who didn’t make it onto the short list: Brenna Bird, Alan Ostergren, and Sam Langholz.

I felt confident in January that Reynolds would appoint McDermott, because of his past work for the Republican Party of Iowa and close ties to senior GOP officials. Knowing now that the governor’s own legal counsel Langholz has ambitions to serve on the Supreme Court, I wouldn’t be surprised to see Reynolds pick a different finalist. Langholz’s job involves helping the governor interview and select judges. He has incentive to steer her toward appointing a candidate who has presided over a District Court, to improve the odds of the State Judicial Nominating Commission selecting someone who lacks that experience next time. Reynolds will get at least one more appointment to the high court, because Supreme Court Justice Brent Appel will reach the mandatory retirement age in 2022.

Iowa Senate President Charles Schneider will not seek a third term, he announced on March 10, saying “the time is right for me to shift my focus to my career and family.”

The suburban district Schneider has represented since 2013 was already one of the top Democratic targets for 2020.

Five-term State Representative Mary Ann Hanusa announced on March 9 that she will not seek re-election to the Iowa House, Jon Leu reported for the Daily Nonpareil.

That makes at least eight retirements out of the 53 members of the House GOP caucus. Four of the outgoing lawmakers represent competitive districts.

Iowa House members voted 95 to 0 on March 5 to prohibit criminal defendants from claiming any violent crime was justified because of emotions related to discovering the victim’s “sex, sexual orientation, or gender identity.”

House Judiciary Committee chair Steven Holt introduced the bill later renamed House File 2503. The initial draft applied to those charged with causing the death of another person. An amendment drafted by Republican State Representative Bobby Kaufmann and Democratic State Representative Liz Bennett broadened the scope to cover anyone accused of a violent crime.

Republican State Senator Brad Zaun has declined to clarify whether his proposed 72-hour waiting period for all abortions would also apply to people needing a common medical procedure after a miscarriage.

At a political forum in Grimes on February 21, Zaun told a constituent who asked about miscarriages that his bill calls for a “72-hour ultrasound before any abortion is performed.”

A bill that sparked one of last year’s most intense lobbying fights is on its way to Governor Kim Reynolds, having passed both chambers unanimously.

UPDATE: The commission recommended Mary Chicchelly, David May, and Matthew McDermott. I’ve added below highlights from Langholz’s interview.

Iowa’s State Judicial Nominating Commission will interview candidates to succeed retiring Supreme Court Justice David Wiggins on March 6. The fifteen applicants include two finalists Governor Kim Reynolds passed over for the vacancy she filled last month (District Court Judge Joel Barrows and Matthew McDermott) and several who have applied for previous vacancies, such as District Court Judges Mary Chicchelly and Patrick Tott, District Associate Judge Romonda Belcher, Assistant Attorney General Molly Weber, and Muscatine County Attorney Alan Ostergren.

Three applicants have provoked anxiety in Iowa legal circles. Bleeding Heartland discussed some problematic aspects of Ostergren’s record when he applied for a Supreme Court vacancy last year. Guthrie County Attorney Brenna (Findley) Bird previously served as chief of staff for U.S. Representative Steve King and later as Governor Terry Branstad’s legal counsel. In that capacity, a jury found last year, Bird and Branstad violated the constitutional rights of former Workers’ Compensation Commissioner Chris Godfrey. While working in the Branstad administration, Bird was also involved in rushing through an effort to ban the use of telemedicine for abortions. The Iowa Supreme Court unanimously struck down that administrative rule in 2015.

The greatest concern has centered on Sam Langholz, the governor’s senior legal counsel. He is widely perceived as Reynolds’ top choice. Thanks to changes in the selection process Langholz helped engineer last year, the governor may have the votes on the State Judicial Nominating Commission to get her subordinate on Iowa’s highest court.

That would be troubling for several reasons.

The rumors were true: after losing his bid to become Iowa House speaker, former Majority Leader Chris Hagenow will not seek re-election in 2020.

Iowa Republicans, once known as the party of “local control,” have yet again voted to take authority away from city and county governments—this time, when it comes to regulating firearms accessories and storage, or trying to keep guns out of public buildings.

Democrats will not have a contested primary in Iowa’s second Congressional district after all. Newman Abuissa announced on March 2 that he is suspending his campaign.

Dan Guild reflects on the weekend’s two game-changing events, which have no precedent in Democratic presidential campaigns. -promoted by Laura Belin

“Events dear boy, events” – attributed to to British Prime Minister Harold McMillan, though whether he said it is disputed.

I have spent a good amount of time studying primary polling.  The single most important lesson I have learned is that they are subject to sudden change. It is why I love the McMillan quote – it captures how unpredictable events can rapidly change the political calculus. 

This weekend we saw two race-changing events in 24 hours: Joe Biden’s decisive win in South Carolina and the sudden departure of Pete Buttigieg, the winner of the Iowa caucuses (depending on how you measure the results). These two events in combination are impossible to model. The Iowa winner has never withdrawn this early.  A front-runner has never performed so badly as Biden has before South Carolina and then recovered.

Having said that, I think history offers two parallels:

UPDATE: Bruce Bearinger announced in April 2020 that he will not seek re-election. Original post follows:

In a colossal recruiting failure, Republicans did not field a candidate last cycle in Iowa House district 64, which Donald Trump had carried by a 13-point margin in 2016.

The GOP will not give State Representative Bruce Bearinger a pass this year. On the contrary, Chad Ingels should be able to make this race highly competitive.

The Iowa Democratic Party’s State Central Committee voted on February 29 to certify the 2020 Iowa caucuses, as published on the party’s official results page.

In most election cycles, that vote would be a formality. But about a third of those who participated in today’s meeting opposed certifying, due to questions about the accuracy of reported numbers in some precincts that were not part of the recanvass or recount requested by the Bernie Sanders and Pete Buttigieg campaigns. They wanted the IDP to further review and if necessary correct results for certain precincts.

Follow me after the jump for highlights from a contentious debate and a list of SCC members who voted for or against certifying.

Few political issues evoke stronger emotions than abortion. Hundreds of activists on both sides of the issue came to the state capitol on February 25, when the Iowa House held a public hearing on a proposed constitutional amendment that would make future abortion bans immune from court challenge.

More than three dozen people spoke at the hearing, some fighting back tears as they described the life experiences that led them to either support reproductive rights or advocate for restricting women’s choices.

Jim Kurtenbach will step down as director of the Iowa Department of Administrative Services after only eight months on the job. In so doing, he will avoid an Iowa Senate confirmation fight he probably would have lost.

State Representative John Landon filed for re-election in Iowa House district 37 on the morning of February 24, the first day candidates could submit their nominating papers at the Iowa Secretary of State’s office.

I had wondered whether the four-term Republican from Ankeny might retire this year. The chair of the Administration and Regulation Appropriations subcommittee is not part of the GOP leadership team, having reportedly favored Chris Hagenow instead of Pat Grassley when the caucus voted on a new House speaker last fall.

He’ll also be facing his toughest re-election bid yet against Democrat Andrea Phillips.