State attorneys general have filed two federal lawsuits challenging the individual mandate to purchase health insurance, which President Barack Obama signed into law last week. Those lawsuits look like pure political posturing to me, given the well-established Congressional powers to regulate interstate commerce and taxation.

It turns out that precedent for a health insurance mandate is much older than the 1930s Supreme Court rulings on the Commerce Clause. Thanks to Paul J. O’Rourke for the history lesson:

In July, 1798, Congress passed, and President John Adams signed into law “An Act for the Relief of Sick and Disabled Seamen,” authorizing the creation of a marine hospital service, and mandating privately employed sailors to purchase healthcare insurance.

This legislation also created America’s first payroll tax, as a ship’s owner was required to deduct 20 cents from each sailor’s monthly pay and forward those receipts to the service, which in turn provided injured sailors hospital care. Failure to pay or account properly was discouraged by requiring a law violating owner or ship’s captain to pay a 100 dollar fine.

This historical fact demolishes claims of “unprecedented” and “The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty…”

Perhaps these somewhat incompetent attorneys general might wish to amend their lawsuits to conform to the 1798 precedent, and demand that the mandate and fines be linked to implementing a federal single payer healthcare insurance plan.

O’Rourke posted the full text of the 1798 legislation as well.

I’m not one to claim American’s “Founding Fathers” could do no wrong; after all, President Adams also signed the Sedition Act, which violated the First Amendment. But Republican “strict constructionists” say we should interpret the constitution only as 18th-century Americans would have understood it. Some claim judges should cite only 18th-century sources when interpreting the constitution. Well, Congress enacted and the president signed a health insurance mandate less than a decade after the U.S. Constitution went into effect.

I don’t expect these facts to affect Republican rhetoric about health insurance reform. Thankfully, Iowa Attorney General Tom Miller is not wasting our state’s money on this frivolous lawsuit. So far I haven’t heard any Republicans demand his impeachment, as some GOP legislators are doing in Georgia.

Iowa Republicans let Attorney General Tom Miller run for re-election unopposed four years ago, but Brenna Findley confirmed today that she is stepping up to the plate for the GOP this year:

Raised on a farm near Dexter in southwest Dallas County, Findley, 33, attended Drake University in Des Moines and graduated with a Bachelor of Arts in Political Science and History and minor in Russian with honors. After Drake, Findley attended the University of Chicago Law School. While at the University of Chicago, she served as Symposium Editor of The University of Chicago Law School Roundtable, a law journal, and worked for small business clients in the Institute for Justice Clinic on Entrepreneurship to help entrepreneurs start their own businesses. Upon graduation from law school, she worked in private practice.

“Iowa needs an Attorney General who is a strong advocate for Iowa’s economy and understands what it takes to create private sector jobs in every community and in every county,” said Findley. “My background and experience have given me the understanding about what it takes to ensure Iowa is a family friendly state where jobs, opportunity and prosperity can thrive in every community. Small business is the engine for job growth- my office will be small business friendly,” she added.

Findley has served as Chief of Staff and senior Judiciary Committee staff member to Iowa Congressman Steve King (R-Kiron) since 2003. In her work with the Judiciary Committee in the U.S. House of Representatives, she has dealt with and gained significant expertise on many of the most pressing legal issues of the day. As Chief of Staff to Congressman King, Findley serves 32 counties in western Iowa, managing six offices and staff.

Craig Robinson of The Iowa Republican is excited about Findley’s candidacy for many reasons:

Brenna Findley is not just the young go-getter up against an incumbent past retirement age. Findley is the rare combination of youth and accomplishment. Findley has spent time in Iowa’s campaign trenches and worked throughout the GOP’s caucus-to-convention process. But, most importantly, Findley has battled the constitution’s demolition crew in the Judiciary Committee in the United States Congress.

For those who are unaware, the Judiciary Committee in the U.S. House of Representatives is the front line in America’s culture war. Conservatives debate with the loony left like John Conyers, Jerry Nadler, Maxine Waters, and Sheila Jackson Lee each and every day on each and every issue. In this venue, Findley has seen and heard every liberal argument for dismantling the rule of law. Findley has proven she can handle the legal distortions from the best the intellectually challenged Left has to offer.

I have to laugh when a close associate of Steve King is held up as a champion of the rule of law. King is the member of Congress who disrupted the testimony of former top Pentagon official Douglas Feith during a Judiciary Committee hearing and suggested to former White House spokesman Scott McClellan that he could have “done this country a favor” if he had kept his mouth shut about Bush administration lying and law-breaking. In King’s world, Congress should only conduct oversight of the executive branch if Democrats are in power.

Anyway, Findley has no hope of defeating Miller, who has a long and distinguished record. He was first elected attorney general in 1978, left the position to run for governor in 1990 (he lost the Democratic primary), and was re-elected in 1994 despite the enormous Republican landslide in Iowa that year. It sounds as if Findley will try to depict Miller as unfriendly to small business, but I doubt she’ll have much luck there.

Still, this race should be a good opportunity for Findley to build name recognition. It may also be good for Iowa Republicans to have a woman on the ballot–not because she will leave liberals to “tic, twinge, and sputter,” as Robinson suggests, but because the Iowa GOP hasn’t nominated a woman for a statewide office in a while. Findley’s someone to keep an eye on, and I’ll be curious to see how she positions herself during this campaign.

CORRECTION: John Deeth reminds me in the comments that Mary Ann Hanusa became the GOP candidate for secretary of state in 2006 after the nominee withdrew from the race.

Senator Chuck Grassley already has two likely Democratic opponents (Bob Krause and Tom Fiegen), but rumors persist that a better-known Iowa Democrat is thinking seriously about this race.

I still don’t buy the rumors that Representative Bruce Braley will take on this challenge, even though Braley sharply criticized Grassley in a guest piece for the Huffington Post on Friday. With Grassley’s approval ratings still outside the danger zone for an incumbent, I would hate to see Braley give up a safe House seat and a good committee assignment to run in 2010. He is young enough to wait until either Grassley or Harkin retires.

Whether or not Braley intends to run for Senate next year, he could raise his profile and support by promising to work as hard to keep a strong public option in the health care reform bill as Grassley is working to keep one out. (Progressive activists have now raised nearly $400,000 for House Democrats who promise not to vote for any health care bill lacking a strong public option.) A joint statement on behalf of Braley’s Populist Caucus would do even more to bolster Braley’s reputation as a fighter for a strong health care reform bill.

Other names being floated on various blogs include former first lady Christie Vilsack, Des Moines Mayor Frank Cownie, Lieutenant Governor Patty Judge, Attorney General Tom Miller, and Mike Blouin, a former member of Congress who headed the state Department of Economic Development when Tom Vilsack was governor. Blouin narrowly lost the 2006 gubernatorial primary to Chet Culver, so he has recent experience campaigning statewide. On several issues Blouin and I are as far apart as any two Democrats could be, but I thought displacedyankdem made a strong case for him:

Even if he’s not in the very highest tier of candidates (Vilsack, Miller, and Braley), he is:

a)several tiers higher than Grassley’s past 3 opponents

b)likely to automatically get at least 35% and likely 40% of the vote (somewhere between 7 and 12 points higher than the last 3)

c)a strong enough candidate to take advantage if there is a Macaca moment a la Jim Webb 2006

d)likely to tie down millions of dollars in GOP money

e)risk free in that he’s not giving up an office

f)just young enough to be on the edge of viability (maybe I’m making too much out of the seniority thing)

Since running against Grassley will be an uphill battle, I would like Democrats to nominate someone who doesn’t have to give up a current elected position.

On a related note, Grassley is still playing rope-a-dope with the White House, this morning backing down on his ridiculous comments about pulling the plug on grandma. I hope key people in the Obama administration finally understand that nothing is to be gained by seeking a compromise with Grassley. The Senate Finance Committee “gang of six” is taking two weeks off from negotiating, probably because delays help Republican efforts to defeat health care reform.

Share any thoughts about Grassley or the 2010 Senate race in this thread.

The Iowa Attorney General’s Office has advised the Iowa Department of Public Health that a married lesbian who gives birth cannot list her spouse on the child’s birth certificate, according to Michael Gartner’s must-read scathing commentary in this week’s Cityview. Excerpt:

[Attorney General Tom] Miller’s lawyers based their advice on the fact that the decision made no direct reference to the Iowa Code section on birth certificates, which refers to “husband.” “The Supreme Court ruling “does not authorize an interpretation of chapter 144 (vital statistics, including birth certificates) in a manner that would allow for a same-sex spouse to be automatically listed as the parent on birth certificates,” they said. And, insultingly and gratuitously, they added: “Using the adoption process is the best way to protect the interests and rights of all parties involved.”

How shameful.

For more than 125 years, the Iowa Supreme Court has consistently ruled that a child born in wedlock is presumed to be the legitimate child of the woman and her spouse – even if the woman was pregnant by another man at the time of the wedding, even if the woman was impregnated by another man during her marriage. “The law presumes that a child born in wedlock is legitimate,” the court said in 1882. More than 100 years later, in 1995, the court ruled in a similar case that “the state’s interests involve preserving the integrity of the family [and] the best interests of the child….” Yes, “the best interests of the child.”

The Iowa Code couldn’t be clearer. Section 252 says: “A child or children born of parents who, at any time prior or subsequent to the birth of such child, have entered into a civil or religious marriage ceremony, shall be deemed the legitimate child or children of both parents, regardless of the validity of such marriage.” And the Supreme Court says gays can marry one another.

Go read Gartner’s whole piece, which highlights key passages from the Iowa Supreme Court ruling in Varnum v Brien. He also points out that adopting a child involves significant time and expense.

I’m surprised that the Attorney General’s Office would give the Iowa Department of Public Health bad advice on this matter. Tom Miller strongly praised the court’s “clear and well-reasoned opinion” the day Varnum v Brien was announced. Miller’s advice helped persuade Governor Chet Culver not to seek to overturn the ruling. Assistant Attorney General Heather Adams wrote a memo reminding all Iowa county recorders that they must comply with the decision and issue marriage licenses to same-sex couples.

The Iowa Department of Public Health should give married spouses equal protection under the law.

Thursday was a great day for marriage equality in Iowa. All but two Iowa House Democrats stood firm against Republican efforts to bring a constitutional amendment banning gay marriage to the House floor.

The same day, the Des Moines Register quoted Governor Chet Culver confirming that he opposes such an amendment:

“I think we have to be very respectful of the equal protection clause of the Iowa Constitution. This court in a unanimous decision has stated that it is discriminatory to deny people rights that they’re given under the current Constitution,” [Culver] said.

Culver released a statement accepting the Iowa Supreme Court’s Varnum v Brien ruling on April 7, four days after the court announced its decision. Most other prominent Iowa Democrats reacted more quickly, but Culver told the Des Moines Register that he didn’t want to make a “knee-jerk reaction”:

“I think it’s appropriate to take as much time as necessary, and in my case about four days, to thoroughly read the decision. … It’s 69 pages long. It involves a lot of complex legal arguments on both sides,” he said.

Culver said he sat down with Attorney General Tom Miller on Monday to talk about the ruling. He had conversations with other “interested parties.” He read many of the “thousands” of messages his office received.

Truth be told, I want to believe Bleeding Heartland user ragbrai08’s hunch about the reason for the delay:

Hopefully […] this means they conducted a quickie poll and found little enthusiasm for amending the constitution.

Iowa Attorney General Tom Miller was an early supporter of Barack Obama, leading to speculation that he may receive a federal appointment in the Obama administration. Miller confirmed this week that he has had “some discussions” with the president-elect’s transition team, but says he is leaning toward staying in Iowa. He specifically mentioned that he is not interested in being named a federal judge or chairman of the Federal Trade Commission.

Cityview’s political gossip columnist, Civic Skinny, recently speculated that Iowa Democratic Party chairman Scott Brennan would have the inside track for the attorney general’s position if Miller left the job he has held for 26 of the past 30 years.

I’ll be making phone calls for Jerry Sullivan (Democratic candidate in House district 59) this weekend.

What are you doing to close the sale for Democrats on Tuesday?

Please post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if I’ve left out any important events.

Saturday, November 1

The Tallgrass Bioneers conference continues in Grinnell.

For more information, please visit:

http://www.gotoplanb.net/bione…

(a link to google map and driving directions is at the top of the page)

To pre-register, visit:

http://gotoplanb.net/bioneersc…

Complete schedule:

http://www.gotoplanb.net/bione…

Leading Iowa Democrats are kicking off a three-day bus tour and caravan around the state:

IOWA DEMOCRATIC PARTY’S “COUNT ON US” BUS TOUR FEATURING SENATOR HARKIN AND GOVERNOR CULVER

AMES – 8:45 AM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, former Governor Tom Vilsack and Christie Vilsack, 4th District Congressional Candidate Becky Greenwald, Secretary of State Michael Mauro, and IDP Chairman Scott Brennan

Iowa State University

Memorial  Union – Cardinal Room

2229 Lincoln Way

Ames ,  Iowa

CARROLL – 11:00 AM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, 5th District Congressional Candidate Rob Hubler, and IDP Chairman Scott Brennan

Moose Lodge

200 East 5th St

Carroll ,  Iowa

STORM LAKE – 1:00 PM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, 5th District Congressional Candidate Rob Hubler, and IDP Chairman Scott Brennan

Obama Iowa Campaign for Change office

805 Flindt Drive, Suite 2

Storm Lake ,  Iowa

FORT DODGE – 3:15 PM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, 4th District Congressional Candidate Becky Greenwald, and IDP Chairman Scott Brennan

Fort Dodge Public Library

424 Central Avenue

Fort Dodge ,  Iowa

ALGONA – 5:00 PM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, 4th District Congressional Candidate Becky Greenwald, and IDP Chairman Scott Brennan

Berte’s Back Nine

216 E. State Street

Algona ,  Iowa

MASON CITY – 7:00 PM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, 4th District Congressional Candidate Becky Greenwald, Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and IDP Chairman Scott Brennan

Chicago Dawg Restaurant

687 South Taft Avenue

Mason City ,  Iowa

IOWA DEMOCRATIC PARTY’S “COUNT ON US” CARAVAN

BOONE – 8:30 AM

Lt. Governor Patty Judge

Iowa Obama Campaign for Change office

1327 S Marshall St

Boone ,  Iowa

INDEPENDENCE – 10:15 AM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Iowa Obama Campaign for Change office

204 1st Street East

Independence ,  Iowa

TAMA – 10:45 AM

Governor Tom Vilsack and Christie Vilsack, and Secretary of State Michael Mauro

Iowa Obama Campaign for Change office

128 West 3rd Street

Tama ,  Iowa

DENISON – 11:00 AM

Lt. Governor Patty Judge and 5th Congressional District Candidate Rob Hubler

Iowa Obama Campaign for Change office

128 S. Linden St

Denison ,  Iowa

NEWTON – 12:30 PM

Governor Tom Vilsack and Christie Vilsack, and Secretary of State Michael Mauro

Iowa Obama Campaign for Change office

207 1st Avenue West

Newton ,  Iowa

DECORAH – 1:00 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Iowa Obama Campaign for Change office

421 West Water Street

Decorah, Iowa

KNOXVILLE – 2:15 PM

Governor Tom Vilsack and Christie Vilsack, and Secretary of State Michael Mauro

Iowa Obama Campaign for Change office

206 East Robinson Street

Knoxville ,  Iowa

WAVERLY – 3:45 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Iowa Obama Campaign for Change office

100 2nd Street, Southwest

Waverly, Iowa

LAMONI – 5:00 PM

Governor Tom Vilsack and Christie Vilsack, and Secretary of State Michael Mauro

Iowa Obama Campaign for Change office

128 South Linden Street

Lamoni, Iowa

CHARLES CITY – 5:15 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Iowa Obama Campaign for Change office

216 North Main Street

Charles City ,  Iowa

Sunday, November 2

It’s the last day of the Tallgrass Bioneers conference in Grinnell and the second day of Iowa Democrats’ bus tour and caravan:

WATERLOO – 11:45 AM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, Congressman Bruce Braley, and IDP Chairman Scott Brennan

Jameson’s Irish Pub

310 East 4th Street

Waterloo ,  Iowa

DUBUQUE – 2:00 PM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, Congressman Bruce Braley, and IDP Chairman Scott Brennan

Labor Temple

1610  Garfield

Dubuque ,  Iowa

CLINTON – 4:00 PM

Senator Tom Harkin and Ruth Harkin, Lt. Governor Patty Judge, Congressman Bruce Braley, and IDP Chairman Scott Brennan

Clinton Community College Auditorium

1000 Lincoln Boulevard

Clinton ,  Iowa

DAVENPORT/BETTENDORF – 5:30 PM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, Congressman Bruce Braley, and IDP Chairman Scott Brennan

United Steelworkers Local 105

880 Devils Glenn Road

Bettendorf ,  Iowa

CEDAR RAPIDS – 7:45 PM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, Lt. Governor Patty Judge, Congressman Dave Loebsack, and IDP Chairman Scott Brennan

Machinist Local  831

222 Prospect Place

Cedar Rapids ,  Iowa

IOWA DEMOCRATIC PARTY’S “COUNT ON US” CARAVAN

INDIANOLA – 11:15 AM

Governor Tom Vilsack and Christie Vilsack, and Secretary of State Michael Mauro

Iowa Obama Campaign for Change office

602 North Jefferson Way

Indianola, Iowa

SPENCER – 11:45 AM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and 5th Congressional District Candidate Rob Hubler

600 Grand Avenue, 1st Floor (formerly Marcos Restaurant)

Spencer ,  Iowa

WAUKEE – 12:45 PM

Governor Tom Vilsack and Christie Vilsack, Secretary of State Michael Mauro, and 4th Congressional District Candidate Becky Greenwald

Iowa Obama Campaign for Change office

144 East Laurel Street

Waukee, Iowa

WINTERSET – 2:00 PM

Secretary of State Michael Mauro and 4th Congressional District Candidate Becky Greenwald

Obama  Iowa Campaign for Change office

104 North 1st Avenue

Winterset ,  Iowa

LE MARS – 2:00 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and 5th Congressional District Candidate Rob Hubler

Obama Iowa Campaign for Change office

27 Central Avenue, Northwest

Le Mars, Iowa

SIOUX CITY – 3:30 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and 5th Congressional District Candidate Rob Hubler

Mary Treglia Community House

900 Jennings Street

Sioux City ,  Iowa

MAQUOKETA – 5:30 PM

Lt. Governor Patty Judge

Iowa Obama Campaign for Change office

124 West Platt Street

Maquoketa ,  Iowa

COUNCIL BLUFFS – 5:45 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and 5th District Congressional Candidate Rob Hubler

McGinn Law Firm

25 Main Place, Suite 500

Council Bluffs ,  Iowa

CRESTON – 8:30 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and 5th District Congressional Candidate Rob Hubler

Iowa Obama Campaign for Change office

209 North Maple Street

Creston ,  Iowa

Monday, November 3

Did you remember to enter the Bleeding Heartland election prediction contest? You can’t win if you don’t play!

It’s the last day for early voting at your county auditor’s office.

It’s the final day of the Iowa Democrats’ bus tour and caravan:

IOWA CITY – 10:00 AM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, Lt. Governor Patty Judge, Congressman Dave Loebsack, Attorney General Tom Miller, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and IDP Chairman Scott Brennan

Vito’s

118 East College Street

Iowa City ,  Iowa

BURLINGTON – 12:15 PM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, Congressman Dave Loebsack, and IDP Chairman Scott Brennan

Port of  Burlington

400  North Front Street

Burlington ,  Iowa

OTTUMWA – 2:30 PM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, Lt. Governor Patty Judge, Congressman Dave Loebsack, and IDP Chairman Scott Brennan

UFCW Hall

1305 East Mary Street

Ottumwa ,  Iowa

MARSHALLTOWN – 5:15 PM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, 4th Congressional District Candidate Becky Greenwald, Congressman Dave Loebsack, and IDP Chairman Scott Brennan

UAW Hall

411 Iowa Avenue, West

Marshalltown ,  Iowa

DES MOINES – 9:00 PM

Senator Tom Harkin and Ruth Harkin, Governor Chet Culver, Lt. Governor Patty Judge, Congressman Leonard Boswell, Attorney General Tom Miller, Secretary of State Michael Mauro, State Treasurer Michael Fitzgerald, former Lt. Governor Sally Pederson, and IDP Chairman Scott Brennan

UAW Hall

411 Iowa Avenue, West

Marshalltown ,  Iowa

IOWA DEMOCRATIC PARTY’S “COUNT ON US” CARAVAN

TIPTON – 11:30 AM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Obama Iowa Campaign for Change office

500 Cedar Street

Tipton, Iowa

MUSCATINE – 1:15 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Parks and Recreation Building

312 Iowa Avenue

Muscatine, Iowa

FORT MADISON – 3:30 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Obama Iowa Campaign for Change office

819 Avenue G

Fort Madison, Iowa

FAIRFIELD – 5:30 PM

Attorney General Tom Miller, State Treasurer Michael Fitzgerald, and former Lt. Governor Sally Pederson

Obama Iowa Campaign for Change office

108 West Palm Road

Fairfield ,  Iowa

If you’re in the Cedar Rapids area and are interested in global warming:

 CLIMATE  CHANGE IN  IOWA TOPIC OF NOV. 3  FORUM:

“The global climate is changing. We know that humans are responsible for a large portion of that change, which will have implications for Iowa.”

That is the central theme of a public forum set for Kirkwood Community College Monday, Nov. 3 at 7 p.m. Kirkwood and several other colleges and community groups will host a “Connections” program in Ballantyne Auditorium on the main Kirkwood campus.

The free forum will feature Dr. Jerald Schnoor of The University of Iowa, speaking on “Mitigating and Responding to Climate Change in Iowa.”  Schnoor is the Allen S. Henry Chair and professor of Civil and Environmental Engineering and co-director of the Center for Global and Regional Environmental Research.

Tuesday, November 4

It’s not too late to contact your local Democratic field office or county party to volunteer for a shift on election day. There are many jobs to be done–you don’t have to work the phones or knock on doors.

Barack Obama’s rally in downtown Des Moines on Friday morning will grab most of the media attention, but there will be many, many rallies around Iowa this weekend.

Beginning on Saturday and continuing through Monday, Senator Tom Harkin and Governor Chet Culver will headline a 16-stop “Count on Us” bus tour, while top state officials and our candidates for Congress will headline a “Count on Us” caravan.

I’ve posted the full schedule after the jump. No matter where you live, you probably wouldn’t have to drive far to get to one of these events. Feel free to post a diary afterward to tell us how it went.  

The Iowa Attorney General’s office on Tuesday charged the Agriprocessors meat-packing facility with more than 9,000 child labor law violations involving 32 minors. The owner and four Agriprocessors employees were named in the charges. A spokesman for the company said the children had lied about their ages, so the company was not at fault.

The Des Moines Register quoted Attorney General Tom Miller as saying the action will not force the closure of the Postville plant. However, I wouldn’t be too sure of that if the Orthodox Union follows through on its warning to withdraw its kosher supervision from Agriprocessors unless new management is installed at the company and at the Postville plant.

I can’t overstate the importance of the Orthodox Union’s kosher certification to Agriprocessors’ business. The overwhelming majority of its customers would refuse to buy any meat lacking the “U” symbol from the Orthodox Union.

Incidentally, Congressman Bruce Braley issued a statement praising Miller’s office for prosecuting alleged child labor offenses.

Congressman Tom Latham (whose district includes Postville) released no statement, in keeping with his pattern of saying little about Agriprocessors since a federal immigration raid turned the spotlight on the company in May.

Governor Chet Culver took the unusual step of publishing a guest editorial in the Sunday Des Moines Register about alleged wrongdoing at the Agriprocessors meat-packing plant in Postville:

The sad events surrounding the [May 12] federal Postville raid, resulting in multiple federal criminal-law convictions of line workers and low-level supervisors – and, notably, not yet of the company’s owners – are strong evidence of a company that has chosen to take advantage of a failed federal immigration system.

[…]

Before the federal raid, Agriprocessors already had a history of sanctions by Iowa’s state regulatory agencies for water pollution, as well as health and safety law violations. Alarming information about working conditions at the Postville plant – including allegations ranging from the use of child labor in prohibited jobs to sexual and physical abuse by supervisors; from the nonpayment of regular and overtime wages to the denial of immediate medical attention for workplace injuries – brought to national attention by the raid forces me to believe that, in contrast to our state’s overall economic-development strategy, this company’s owners have deliberately chosen to take the low road in its business practices.

He said he had directed members of his cabinet to make sure Iowa law is being enforced with Agriprocessors. Furthermore, open positions at Agriprocessors may not be included on state job-listing services “due to the unsafe working conditions at the Postville facility.” In addition, he called on Attorney General Tom Miller “promptly to prosecute all alleged criminal and civil-law violations that are backed by sufficient evidence.”

On Friday the Iowa Division of Labor Services released a statement citing 31 new and repeated safety violations at Agriprocessors’ plant in Postville.

If any Bleeding Heartland readers keep kosher, you may be interested in this piece by Lynda Waddington for Iowa Independent. She describes a “kosher social seal” program, which signifies that food not only meets Jewish ritual requirements but has also been produced in a humane and socially responsible manner.

Meanwhile, John Carlson reports in his latest Des Moines Register column that a local radio personally has written lyrics called “Palau to Postville – a Topical/Tropical Tale.” They are meant to be sung to the tune of the Gilligan’s Island theme. He was inspired by “reports last week that an employment recruiter has been trying to entice people in the Pacific island of Palau to come to work for the [Agriprocessors] plant.”

UPDATE: A spokesman for Agriprocessors says the company is drafting “a forceful response to the governor’s guilty verdict even before trial.”

The same article goes on to say:

Several business and political experts said Culver’s criticism was unusual, but they applauded it.

“I think it’s out of the ordinary. But then again, I think Agriprocessors is a little out of the ordinary, too,” said Mike Ralston, president of the Iowa Association of Business and Industry.

Ralston’s group includes most large Iowa employers, but not Agriprocessors. He said he wouldn’t want Culver to make a habit of publicly criticizing specific businesses. However, he said Agriprocessors’ notoriety has damaged the state’s reputation, making it fair game for the governor’s ire.

It’s hard to keep up with all the misconduct in the Bush administration. This week four Democratic senators called for the resignation of  Environmental Protection Agency Administrator Stephen L. Johnson. Evidence emerged that Johnson lied to Congress about why he denied California’s request for a waiver of the Clean Air Act last December. Two senators are also asking for a perjury investigation of Johnson. Click the link for more details and background.

California has adopted tougher emissions standards for cars and trucks, and other states have followed suit, but the standards cannot be implemented unless the EPA approves the waiver request. Iowa Attorney General Tom Miller and at least 18 other state attorneys general have joined California in suing the EPA over this issue.

I always laugh when Republicans who claim to be for states’ rights object when states try to impose stronger environmental standards than the federal government. But what Johnson did was worse than hypocrisy. In denying California’s waiver request, Johnson blocked state efforts to deal with pollution from motor vehicles, even though surface transportation is the second-largest contributor to U.S. greenhouse gas emissions.

You would think this scandal would warrant some media coverage, but I’d never have heard of this story if I hadn’t read about it on political blogs.

Back in 2002, Steve King hadn’t yet become an embarrassment on the national stage; he was merely a crusader for intolerance in the Republican-controlled Iowa legislature. Tom Vilsack was a first-term governor nervously eyeing a midterm re-election campaign under the very popular President George W. Bush.

Seems like a long time ago, doesn’t it?

Anyway, King was obsessed with passing a law declaring English the official language of Iowa. Didn’t you know how difficult it had become for Iowans to express themselves without official acknowledgment of English’s status?

Vilsack vetoed one version of the bill, then signed the rewritten bill that came to his desk. Disappointed liberals were assured that Vilsack had made the smart play by taking the issue off the table for the November election. Besides, the new bill contained all kinds of exceptions, so it would be little more than a symbolic measure.

Well, this week a judge in Polk County “ordered Iowa Secretary of State Michael Mauro to stop using languages other than English in the state’s official voter registration forms”, the Des Moines Register’s William Petroski reported. (If you want to read the ruling, click here.)

In 2006 King, by then a U.S. Representative in Iowa’s fifth district, complained that then-Secretary of State Chet Culver had put voting information in Spanish, Laotian, Bosnian and Vietnamese as well as English on the secretary of state’s website.

Attorney General Tom Miller had determined such action was acceptable because the official English law allowed for “any language usage required by or necessary to secure the rights guaranteed by the Constitution and laws of the United States of America, or the Constitution of the state of Iowa.”

King filed suit last year against Culver and Mike Mauro, who was elected secretary of state in 2006.  District Judge Douglas Staskal concluded that voter registration forms in languages other than English are against the law, and voided the “improper exercise of agency power.”

Miller, like Culver and Mauro a Democrat, may appeal to the Iowa Supreme Court:

“Our view is that although the Iowa English Language Reaffirmation Act requires all official forms to be in English, it does not prohibit government officials from providing materials in other languages as well,” Miller said. “We argued that position to the District Court. This principle can be particularly important in the area of voting rights of citizens.”

If this ruling is upheld, it will hamper efforts to register voters whose native language is not English.

I’m with the Des Moines Register’s editorial board, which wrote on Saturday that “it’s time for Iowa lawmakers to repeal this embarrassing law.”

They should do so because the law is mean-spirited and sends an anti-immigrant message. They should do so because it makes Iowa seem xenophobic. They should do so because it’s unnecessary when studies show today’s immigrants are learning English as quickly as their predecessors.

And to lawmakers who may have thought the law was toothless because it included exemptions, Judge Staskal’s ruling tells them otherwise. The law applies to “official action” from government, which is broadly defined. It could have a “chilling effect on speech by causing government employees to refrain from non-English communication all together,” he wrote.

There is still time for legislators to repeal the official English law this session.

Don’t let the ghost of Steve King constrain voting rights in the upcoming presidential election.