After nearly the entire Iowa GOP establishment had been sucking up to him for more than a year, President Donald Trump instructed the head of the Centers for Medicare and Medicaid Services to deny our state’s request for a waiver designed to shore up the individual health insurance market.

Trump’s intervention reflects his contempt not only for the thousands who stand to lose insurance coverage, but also for Iowa Republican leaders who have promoted, defended, and enabled him.

To all the Democrats who want to hear directly from each contender in the Iowa governor’s race before deciding how to vote next June: this post’s for you.

Since Bleeding Heartland published seven pitches for gubernatorial candidates from a major party event this summer, Todd Prichard has left the race and Ross Wilburn has joined the field.

All seven Democrats running for governor appeared at the Progress Iowa Corn Feed in Des Moines on September 10, speaking in the following order: Cathy Glasson, Fred Hubbell, John Norris, Ross Wilburn, Jon Neiderbach, Andy McGuire, and Nate Boulton. I enclose below the audio clips, for those who like to hear a candidate’s speaking style. I’ve also transcribed every speech in full, for those who would rather read than listen.

As a bonus, you can find a sound file of Brent Roske’s speech to the Progress Iowa event at the end of this post. With his focus on single-payer health care and water quality, Roske should be running in the Democratic primary. Instead, he plans to qualify for the general election ballot as an independent candidate, a path that can only help Republicans by splitting the progressive vote.

Who could have guessed that privatizing Medicaid would lead to for-profit companies cutting essential services to Iowans with disabilities? Aside from anyone who spent five minutes reading how the same approach had played out in Kansas?

When Iowa Democratic lawmakers sounded the alarm two and a half years ago, Governor Terry Branstad and his aides dismissed the warnings as “Washington D.C.-style partisan attacks.” They insisted privatization would allow Iowa patients to “enjoy the increased quality of service and care that comes with modern plans administering Medicaid.”

Instead, thousands received less in-home care or had trouble accessing medications and services after private insurance companies began managing their cases. The state now faces a class action lawsuit on behalf of 15,000 Iowans with disabilities.

Iowa Department of Human Services Director Jerry Foxhoven admitted yesterday what should have been obvious from the start: letting for-profit companies control access to health care for people with disabilities makes no sense.

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

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

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

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

President Donald Trump has officially nominated Iowa Secretary of Agriculture Bill Northey to a senior position at the U.S. Department of Agriculture. In another sign of this administration’s lack of basic competence, the USDA’s news release says Northey will be Under Secretary for Farm Production and Conservation, while the statement from the White House says he will be Under Secretary for Farm and Foreign Agricultural Services. (See excerpts enclosed below, along with Northey’s official biography.)

Either way, U.S. Senate confirmation should be smooth sailing, clearing a path for Governor Kim Reynolds to appoint a new secretary of agriculture later this year or in early 2018. The appointee would presumably be a prohibitive favorite for the Republican nomination next spring.

This thread is for any speculation about successors to Northey. A few months ago, I thought State Representative Pat Grassley was a lock for the job. He was seen as a likely candidate for secretary of agriculture in 2014 or 2018, had Northey run for higher office. His grandfather, Senator Chuck Grassley, is co-chairing the Reynolds campaign for governor.

And yet: ever since Pat Grassley tweeted last week that he was “not convinced” a state tax incentives package worth $400,000 per long-term job created by Apple was “good value for Iowa taxpayers,” I’ve been wondering whether he and the governor had a falling out. Perhaps word reached him that Reynolds is leaning toward someone else for secretary of agriculture. The governor has been talking up the Apple deal as a major accomplishment. Her chief of staff, Jake Ketzner, is not known for showing tolerance toward Republicans who criticize or question his boss.

Former State Representative Annette Sweeney could be a contender. She’s executive director of the Iowa Angus Association, having previously headed a public policy group called Iowa Agri-Women. Before that, she served as Iowa House Agriculture Committee chair and floor-managed the country’s first “Ag Gag” bill.

The political map drawn up after the 2010 census put Sweeney and Pat Grassley in the same legislative district, and she lost a tough, expensive 2012 primary widely viewed as a proxy war between Bruce Rastetter and Senator Grassley. The two Iowa Republican powerhouses were on opposite sides again during last year’s GOP primary in the fourth Congressional district.

Sweeney is a childhood friend of Rastetter, who has been a major donor to Reynolds and before that, had tremendous influence over her mentor, Governor Terry Branstad (see also here). Reynolds’ chief of staff Ketzner became a senior adviser to Chris Christie’s presidential campaign around the same time Rastetter endorsed the New Jersey governor.

Iowa Democrats do not have a declared 2018 candidate for secretary of agriculture yet. Northey narrowly defeated Denise O’Brien in his first statewide election, then won his second and third terms by comfortable majorities.

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

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

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

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

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

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

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

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

Iowa taxpayers are on the hook for $2.2 million dollars after former Senate Republican communications director Kirsten Anderson won a huge sexual harassment lawsuit last week.

If Senate Republican leaders had any sense of accountability, they would resign, or at least offer to raise money to cover the cost of the verdict, so the general fund doesn’t take another hit while the state budget is in terrible shape.

But Majority Leader Bill Dix refuses to admit any wrongdoing by his colleagues or his staff. He is sticking to his story: “Kirsten Anderson was terminated for her work product and for no other reason.” Dix’s top aide Ed Failor, Jr. has been saying the same thing for years.

The jury didn’t buy the official line, and you shouldn’t either.

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

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

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

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

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

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

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

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

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

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

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

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

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

Elizabeth Dinschel, state leader of Action Iowa, makes the case for public protests and for good communication between activists and law enforcement. -promoted by desmoinesdem
 
Passive resistance is not the “high road.”  The world never changed because of a Facebook post or a counter event.  The world has, however, changed because of the brave, nonviolent direct actions taken by leaders such as John Lewis, Malcolm X, the Dalai Lama, Marsha P. Jackson, the organizers of the Arab Spring, the Orange Revolution, and many more nonviolent revolutions in Central and South America.

In America, however, we are being conditioned to believe that direct action is somehow rude or impedes on the free speech of other Americans. This is patently false and is a direct result of people enjoying their privilege. If a person cannot understand how civil disobedience could change the narrative of history or politics it is because they are treated with respect in public or can afford things such as food, healthcare, or housing. Are you uncomfortable?  Good, because that is what direct action is.

Direct action forces politicians to hear the messaging of people and groups they do not typically communicate with or, maybe, do not even care about.

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

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

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

Former Governor Terry Branstad’s chief of staff Michael Bousselot appears to be out of the running as a possible Republican candidate in Iowa’s second Congressional district.

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

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

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

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

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

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

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

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

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

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

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

Matt Chapman has been a committed citizen lobbyist on many issues this year, including health care reform. -promoted by desmoinesdem

I have always been laser-focused on Medicaid and health care access for the poor. And when Iowa Dems twisted Terry Branstad’s arm until he cried “Medicaid Expansion!” I was elated. So in my bubble, the worst thing going on seemed to be the privatization of Medicaid or “Branstad’s Revenge.”

With the private insurance companies all pulling out of Iowa, now that I am aware of the astronomical raises in premiums, I feel a little shame at my blissful ignorance. All I can tell you is at 51 years old the Affordable Care Act gave me dental insurance for the first time in my life. And I’ve had the same doctor for five years. Before the ACA, the folks around the poverty line would have to drive sometimes 200 miles just to see a doctor. And rarely the same one twice. For dental they line up at Broadlawns (the Polk County public hospital) at six in the morning and hope they’re in bad enough shape to get in.

But what really made me aware was after the Drake forum with Senator Joni Ernst in March.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A an Iowa political legend passed away suddenly this week. Former House Speaker Don Avenson had a heart attack on May 19 while on the way home from vacation. He told Iowa Public Television in 1984, “A speaker of the House, if he wants to, can change the course of the state, can change the face of a great deal of legislation, a great deal of law.” As speaker from 1983 through 1990, “nearly twice as long as any other Speaker in Iowa history,” Avenson helped craft many laws that still affect state government and education. He left the House to run for governor in 1990, winning the Democratic nomination but losing to Terry Branstad. For more than 25 years, he remained an influential force at the statehouse, representing many clients through the Avenson, Oakley & Cope lobbying firm.

Dozens of people who have been involved in Iowa legislative politics reflected on Avenson’s legacy as news spread of his death. I compiled some of those recollections after the jump.

The Vilsack family suffered a devastating loss this week as Ella Vilsack, daughter of Jess and Kate Vilsack and granddaughter of Tom and Christie Vilsack, died at the age of six of complications related to influenza. Condolences to all who are bereaved. This kind of tragedy is every parent’s worst nightmare.

Speaking of untimely passings, Nina Martin of ProPublica and Renee Montagne of NPR published a terrifying article this month about maternal mortality, which “is rising in the U.S. as it declines elsewhere” in the developed world. Because “the American medical system has focused more on fetal and infant safety and survival than on the mother’s health and well-being,” new mothers are rarely monitored closely in hospitals, and doctors and nurses often miss symptoms of potentially life-threatening complications. The central figure in this article is Lauren Bloomstein, a neonatal intensive care nurse who died of preeclampsia the day after giving birth. It’s important to be aware of the signs; I know healthy women who had close calls with this condition during pregnancy or shortly after delivery.

The scenarios Martin and Montagne describe are among the reasons peer-reviewed research has shown the “risk of death associated with childbirth is approximately 14 times higher than that with abortion.” But in their infinite wisdom, Branstad and Iowa’s Republican lawmakers enacted new requirements this year for doctors to warn women seeking to terminate pregnancies about “possible detrimental physical and psychological effects of abortion.” Naturally, the state does not require obstetricians to give patients information about the risks of continuing a pregnancy.

This is an open thread: all topics welcome.

Ten days after Governor Terry Branstad signed sweeping limits on access to abortions, part of the new law is still on hold while courts consider a challenge filed by Planned Parenthood of the Heartland. Planned Parenthood maintains that a 72-hour waiting period for abortions at any stage of pregnancy would violate women’s due process and equal protection guarantees. In addition to creating an “undue burden” for women with “onerous and medically unnecessary restrictions that the Iowa Legislature does not impose upon any other medical procedure for which people may consent,” the law imposes new requirements for physicians, which Planned Parenthood is challenging as a violation of the doctors’ due process rights.

That aspect of the lawsuit informed the Iowa Supreme Court’s May 9 order continuing a temporary injunction. The high court found, “The State has failed to rebut the assertion by the petitioners that the materials that serve as the foundation information required to be provided to women seeking an abortion have not yet been developed by the Department of Public Health pursuant to the law.” The order remanded the case back to Polk County District Court, where within 30 days, Judge Jeffrey Farrell will hold a final hearing on Planned Parenthood’s request for an injunction on the new law. Farrell had denied the first request for a temporary injunction, saying plaintiffs had not shown new burdens on women seeking abortions in Iowa would constitute an “undue burden.”

For those who want a preview of the legal points Farrell will consider when he decides whether to block enforcement of Iowa’s law, I enclose below four documents:

Matt Chapman closely followed and participated in the Iowa legislative debate over blocking county-level minimum wage increases. -promoted by desmoinesdem

I came across a Des Moines Register article in my Facebook feed that was 856 words long. It was a rebuttal to a letter to the editor about Jethro’s BBQ planning to open a restaurant in Ames.

The rebuttal is authored by Bruce Gerleman, Iowa view contributor and owner of all the Jethro’s BBQ.

I took offense at this response, and I’ll tell you why. And I hope that since I am just a low wage worker, if my response is 856 words long, the Register will publish my view as well.

In one of his final official acts before he departs for China, Governor Terry Branstad signed into law the last bill approved during the 2017 legislative session.

House File 524 has been portrayed as a major expansion of medical cannabis in Iowa. Whereas the 2014 law permitted the use of only one cannabis derivative (CBD oil) to treat certain seizure disorders, the new law allows the same product (cannabidiol with no more than 3 percent THC) to be used for nine medical conditions: cancer, multiple sclerosis, epilepsy, AIDS or HIV, Crohn’s disease, amyotrophic lateral sclerosis (Lou Gehrig’s disease), Parkinson’s disease, untreatable pain, or “any terminal illness with a life expectancy under one year associated with severe or chronic pain, nausea or severe vomiting, cachexia or severe wasting.” Threase Harms, who lobbied for the bill, described it as a “great next step in the process of making medical cannabis available for many folks here in Iowa who need access to it as a medical treatment.”

A more comprehensive bill, which had gained broad bipartisan support in the Iowa Senate, had the potential to improve the quality of life for thousands.

I see little evidence anything “great” will come out of legislation finalized during an all-nighter by House Republican lawmakers who refused to take up that Senate bill.

As Iowa implements the new law, the following outcomes are predictable.

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

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

Governor Terry Branstad used his item veto power today to “preserve the existence” of Iowa State University’s Leopold Center for Sustainable Agriculture, but he allowed provisions redirecting almost all of its funding to take effect. In his veto message on Senate File 510, the agriculture and natural resources budget, Branstad wrote,

I am unable to approve the items designated as Section 34, and Subsection 2 of Section 35, in their entirety. The veto of these particularly specified items will preserve the existence of the Leopold Center for Sustainable Agriculture while also maintaining the sections transferring funding to Iowa State University’s College of Agriculture and Life Sciences to continue valuable research into environmental and water quality issues.

Those sections of the bill repeal language establishing the Leopold Center from Iowa Code.

Under Section 30, which Branstad didn’t veto, the center will lose almost its entire operating budget, since revenue from a fertilizer tax (about $1.5 million annually) will be redirected to ISU’s Nutrient Research Center. The Leopold Center’s work was more broadly focused than that of the Nutrient Research Center, and less influenced by agribusiness groups. The separate Republican education budget zeroed out what had been a $400,000 appropriation to the Leopold Center from the Board of Regents.

Although the Leopold Center receives some income from an endowment managed by the ISU Foundation, Director Mark Rasmussen has said those funds are “wholly inadequate to keep the center functioning at any level of reasonableness.” Branstad told reporters last week he was concerned bequests to the Leopold Center “could be put in jeopardy if it were eliminated.”

The donors Branstad had in mind might as well revise their wills now. There’s no point leaving money to an entity that will be unable to support sustainable agricultural research in the future.

It’s a disappointing choice by the man who helped create the Leopold Center when he signed the landmark Groundwater Protection Act in 1986. Just as Republican lawmakers ignored the many Iowans who attested to the value of the center’s work at a public hearing or through written comments, Branstad was unmoved by the many calls and messages his office received in support of keeping the center running.

I am seeking comment from the governor and will update this post as needed.

UPDATE: Added below absurd spin from ISU.

Republican State Representative Greg Forristall passed away yesterday at the age of 67. First elected to the Iowa House in 2006, he was most recently vice chair of the Education Committee and also served on the Human Resources, Labor, and Ways and Means committees. He had been battling cancer for some time and was too ill to participate in the last few weeks of this year’s legislative session.

In a written statement, Republican Party of Iowa chair Jeff Kaufmann described Forristall as a “friend to conservatives across our state” and a “happy warrior” in the Ronald Reagan tradition. House Speaker Linda Upmeyer said Forristall “was a dedicated public servant to the people he represented and an advocate for the arts and education, two issues that he was incredibly passionate for.”

I never met Forristall, but one episode stands out for me as I think about his legislative career. The first two years after Republicans regained their Iowa House majority, Forristall chaired the Education Committee. House leaders reassigned him to lead the Labor Committee in 2013, a position he retained through the 2016 legislative session.

Why did then House Speaker Kraig Paulsen and Majority Leader Upmeyer take the Education Committee away from Forristall, knowing how much he cared about that issue? I never saw any public confirmation, but the Iowa political rumor mill pointed to Forristall’s stance on one controversial bill.

Republicans in the Iowa House and Senate approved the death warrant for the Leopold Center for Sustainable Agriculture at Iowa State University only a week after news of the planned ambush became public. Three weeks later, Governor Terry Branstad still has not signed the agriculture budget bill, which eliminates both major funding sources for the world-renowned center.

Under Iowa law, the governor can item-veto provisions in appropriations bills. Branstad told reporters on May 5, “We have heard from a lot of people that are concerned about the Leopold Center […] And that is one of the items that we’ll be giving close scrutiny to.”

Those who want to save the center can send a message through the governor’s website or call Branstad’s office at (515) 281-5211–the sooner the better. After the jump I’ve posted a few talking points that may be helpful.

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

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

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

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

Iowa’s proposed 72-hour waiting period for all abortions represents an “unwarranted intrusion into women’s personal privacy and autonomy” that “will threaten women’s health” and create “an undue burden” with “an improper purpose,” according to a lawsuit Planned Parenthood of the Heartland filed yesterday in Polk County.

Governor Terry Branstad plans to sign Senate File 471, which would be one of the country’s most restrictive anti-abortion laws, first thing in the morning May 5. Originally conceived as a ban on most abortions after 20 weeks of pregnancy, the bill became much broader when Iowa House Republicans added the no-exceptions 72-hour waiting period, new ultrasound rules and a requirement that doctors inform women about other options and “indicators, contra-indicators, and risk factors including any physical, psychological, or situational factors related to the abortion.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A potential federal job for Iowa Secretary of Agriculture Bill Northey may provide a stepping stone for State Representative Pat Grassley.

Northey discussed ethanol policy at the White House on Tuesday during a round-table meeting with President Donald Trump and newly-confirmed U.S. Secretary of Agriculture Sonny Perdue. Reports of the event fueled speculation that Northey may soon move to a position in the U.S. Department of Agriculture. Speaking to Iowa reporters yesterday, Northey emphasized that no job offer is on the table but said of Perdue, “I certainly look forward to working with him. I don’t know what role that might be. […] I certainly would love to work with him as Iowa Secretary of Ag. If there’s another job offered, I’d be very willing to consider that as well.”

Trump put Iowa’s own Sam Clovis in charge of handling USDA appointments in January, after Clovis had served as his surrogate in some agricultural policy discussions during the campaign.

Northey has not clarified whether he plans to seek a fourth term as secretary of agriculture in 2018. He had been widely expected to run for governor next year but ruled that out immediately after Governor Terry Branstad agreed to serve as U.S. ambassador to China.

If Northey resigns before the end of his term, Iowa law calls for the governor to appoint a replacement to serve until the next election. The last time that process came into play, Branstad named Mary Mosiman as state auditor in 2013. She was unchallenged for the GOP nomination for that office the following year.

I would expect Grassley to lobby Branstad–or Kim Reynolds, if she is acting as governor by that time–for the secretary of agriculture position. The job would be a good way to increase his statewide profile with a view to running for his grandfather’s U.S. Senate seat in 2022. The elder Grassley wasn’t subtle about lobbying for Northey to get the top USDA job, presumably to clear a path for his grandson.

First elected to the Iowa House in 2006, the younger Grassley just completed his second year leading the House Appropriations Committee. He had previously chaired the House Agriculture Committee for three years and the Economic Growth/Rebuild Iowa Committee for two years before that.

I enclose below the official bios for Northey and Pat Grassley. Radio Iowa’s O.Kay Henderson posted the audio of Northey’s comments about a possible USDA position.

With the exhausting battles of the 2017 legislative session behind us, Iowa Democrats can turn their attention to the most pressing task ahead. Next year’s gubernatorial election will likely determine whether Republicans retain unchecked power to impose their will on Iowans, or whether some balance returns to the statehouse.

A record number of Democrats may run for governor in 2018. Today Bleeding Heartland begins a series of in-depth looks at the possible contenders.

John Norris moved back to Iowa with his wife Jackie Norris and their three sons last year, after nearly six years in Washington and two in Rome, Italy. He has been touching base with potential supporters for several weeks and expects to decide sometime in May whether to become a candidate for governor. His “concern about the direction the state’s going” is not in question. Rather, Norris is gauging the response he gets from activists and community leaders he has known for many years, and whether he can raise the resources “to make this a go.”

In a lengthy interview earlier this month, Norris discussed the changes he sees in Iowa, the issues he’s most passionate about, and why he has “something significantly different to offer” from others in the field, who largely agree on public policy. The native of Red Oak in Montgomery County (which happens to be Senator Joni Ernst’s home town too) also shared his perspective on why Democrats have lost ground among Iowa’s rural and small-town voters, and what they can do to reverse that trend.